Drawbridge Operation Regulation; Trent River, New Bern, NC, 28546-28548 [2020-09462]

Download as PDF 28546 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Proposed Rules cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ 2. Add § 117.679 to read as follows: § 117.679 Industrial Seaway Canal jbell on DSKJLSW7X2PROD with PROPOSALS The draw of the bridge, mile 11.3 at Hansboro, shall open on signal; except that the draw need not open to vessels from 6:30 a.m. to 8 a.m. and from 4 p.m. to 6 p.m. Monday through Friday except federal holidays; and on Thanksgiving Day, Christmas Day and New Year’s Day the draw shall open on signal if at least 12 hour notice is given. The draw shall open anytime at the direction of the District Commander. Dated: May 4, 2020. John P. Nadeau, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2020–09854 Filed 5–12–20; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 17:19 May 12, 2020 Jkt 250001 Coast Guard 33 CFR Part 117 [Docket No. USCG 2020–0027] RIN 1625–AA09 Drawbridge Operation Regulation; Trent River, New Bern, NC Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to modify the operating schedule that governs the U.S. 70 (Alfred C. Cunningham) Bridge across the Trent River, mile 0.0, in New Bern, North Carolina. This proposed modification will allow the drawbridge to be maintained in the closed position during peak traffic hours and provide daily scheduled openings to meet the reasonable needs of navigation. DATES: Comments and related material must reach the Coast Guard on or before June 12, 2020. ADDRESSES: You may submit comments identified by docket number USCG 2020–0027 using Federal eRulemaking Portal at https://www.regulations.gov. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. SUMMARY: If you have questions on this proposed rule, call or email Mr. Martin A. Bridges, Fifth Coast Guard District (dpb), at (757) 398–6422, email Martin.A.Bridges@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. ■ DEPARTMENT OF HOMELAND SECURITY I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register OMB Office of Proposed Management and Budget NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose and Legal Basis The North Carolina Department of Transportation, who owns and operates the U.S. 70 (Alfred C. Cunningham) Bridge across the Trent River, mile 0.0, in New Bern, North Carolina, has requested this modification to allow the drawbridge to be maintained in the closed-to-navigation position to address traffic congestion created during peak traffic hours and to provide scheduled PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 daily openings to effectively balance the needs of land transportation with the reasonable needs of navigation. The U.S. 70 (Alfred C. Cunningham) Bridge across the Trent River, mile 0.0, in New Bern, North Carolina has a vertical clearance of 14 feet above mean high water in the closed position and unlimited vertical clearance above mean high water in the open position. The current operation schedule for the drawbridge is published in 33 CFR 117.843(a) This proposed final rule is necessary to help alleviate traffic congestion during morning and evening commutes, Monday through Friday, except holidays; and balance the needs of land transportation with the reasonable needs of navigation. Vessels that can safely transit through the bridge in the closed position may do so at any time. The Coast Guard is proposing this rulemaking under authority in 33 U.S.C. 499. III. Discussion of Proposed Rule Under this proposed final rule, the draw shall open on the hour and the half hour from 6 a.m. to 10 p.m.; except from 7:30 a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m., Monday through Friday, except holidays, when the draw shall remain closed. The draw shall open on signal from 10 p.m. to 6 a.m. to all vessels and shall open upon request at all times for vessels as defined in 33 CFR 117.31. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on these statutes and Executive Orders and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB) and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the fact that vessels can still transit the bridge on signal from 10 p.m. E:\FR\FM\13MYP1.SGM 13MYP1 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Proposed Rules to 6 a.m., and on the hour and the half hour from 6 a.m. to 10 p.m., except from 7:30 a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m., Monday through Friday, except holidays, when the draw shall remain closed. The draw shall open upon request at all times for vessels as defined in 33 CFR 117.31. jbell on DSKJLSW7X2PROD with PROPOSALS B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. Under section 213 (a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520.). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, (Federalism), if it has a substantial VerDate Sep<11>2014 17:19 May 12, 2020 Jkt 250001 direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 13175, (Consultation and Coordination with Indian Tribal Governments), because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning Policy COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321– 4370f). The Coast Guard has determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under paragraph L49, of Chapter 3, Table 3–1 of the U.S. Coast Guard Environmental Planning Implementation Procedures. Neither a Record of Environmental Consideration nor a Memorandum for PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 28547 the Record are required for this rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at https:// www.regulations.gov. If your material cannot be submitted using https:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS’s eRulemaking System of Records notice (85 FR 14226, March 11, 2020). Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: E:\FR\FM\13MYP1.SGM 13MYP1 28548 Federal Register / Vol. 85, No. 93 / Wednesday, May 13, 2020 / Proposed Rules PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; DHS Delegation No. 0170.1. 2. Revise § 117.843(a) to read as follows: ■ § 117.843 Trent River (a) The draw of the U.S. 70 Bridge, mile 0.0, at New Bern: (1) Shall open on the hour and the half hour from 6 a.m. to 10 p.m., except during the times authorized in accordance with (a) (2) of this section. (2) Shall remain closed from 7:30 a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m., Monday through Friday; except holidays. (3) Shall open on signal from 10 p.m. to 6 a.m. (4) Shall open upon request at all times for vessels as defined in § 117.31. * * * * * Dated: April 28, 2020. K.M. Smith, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2020–09462 Filed 5–12–20; 8:45 am] BILLING CODE 9110–04–P nature. The EPA’s proposed approval of this rule revision is being done in accordance with the requirements of the Clean Air Act (CAA). DATES: Comments must be received on or before June 12, 2020. ADDRESSES: You may send comments, identified by Docket ID No. EPA–R07– OAR–2020–0241 to https:// www.regulations.gov. Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID No. for this rulemaking. Comments received will be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Written Comments’’ heading of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Bob Webber, Environmental Protection Agency, Region 7 Office, Air Permitting and Standards Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; telephone number (913) 551–7251; email address webber.robert@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. Table of Contents ENVIRONMENTAL PROTECTION AGENCY I. Written Comments II. What is being addressed in this document? III. Have the requirements for approval of a SIP revision been met? IV. What action is the EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews 40 CFR Part 52 [EPA–R07–OAR–2020–0241; FRL–10009– 38–Region 7] Air Plan Approval; Missouri; Control of Emissions From Lithographic and Letterpress Printing Operations Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing approval of a State Implementation Plan (SIP) revision submitted by Missouri on January 14, 2019. Missouri requests that EPA approve into Missouri’s SIP revisions to its rule related to control of emissions from lithographic and letterpress printing operations. The revisions remove the unnecessary use of restrictive words; add, replace and revise terms and definitions to match SIP-approved terms and definitions in Missouri’s rule Definitions and Common Reference Tables; add a new printing category to the rule that provides consistency with the St. Louis area counterpart rule; and make other changes that are administrative in jbell on DSKJLSW7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:19 May 12, 2020 Jkt 250001 I. Written Comments Submit your comments, identified by Docket ID No. EPA–R07–OAR–2020– 0241, at https://www.regulations.gov. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. II. What is being addressed in this document? The EPA is proposing to approve revisions to 10 Code of State Regulation (CSR) 10 CSR 10–2.340 Control of Emissions from Lithographic Printing Facilities, in the Missouri SIP. Missouri made several revisions to the rule. These revisions are described in detail in the technical support document (TSD) included in the docket for this document. Missouri received ten comments from EPA during the comment period. Missouri responded to all ten comments, as noted in the State submission included in the docket for this action. Missouri responded to EPA’s comments and, as described in the TSD for this action, amended the rule in response to some of EPA’s comments. Therefore, the EPA is proposing to approve the revisions to this rule because it will not have a negative impact on air quality. III. Have the requirements for approval of a SIP revision been met? The State submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. The State provided public notice on this SIP revision from June 25, 2018 to August 2, 2018 and received ten comments on this rulemaking. As explained in the TSD for this rule, Missouri adequately responded to the comments. As explained above, the revision meets the substantive SIP requirements of the CAA, including section 110 and implementing regulations. IV. What action is the EPA taking? The EPA is proposing to approve Missouri’s request to revise 10 CSR 10– 2.340. The EPA is soliciting comment on the substantive and administrative revisions detailed in this proposal and the TSD. The EPA is not soliciting comment on existing rule text that has been previously approved by the EPA into the SIP. Final rulemaking will occur after consideration of any comments. V. Incorporation by Reference In this document, the EPA is proposing to include regulatory text in an EPA final rule that includes incorporation by reference. In E:\FR\FM\13MYP1.SGM 13MYP1

Agencies

[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Proposed Rules]
[Pages 28546-28548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09462]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG 2020-0027]
RIN 1625-AA09


Drawbridge Operation Regulation; Trent River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the U.S. 70 (Alfred C. Cunningham) Bridge across the Trent 
River, mile 0.0, in New Bern, North Carolina. This proposed 
modification will allow the drawbridge to be maintained in the closed 
position during peak traffic hours and provide daily scheduled openings 
to meet the reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before June 12, 2020.

ADDRESSES: You may submit comments identified by docket number USCG 
2020-0027 using Federal eRulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Martin A. Bridges, Fifth Coast Guard District 
(dpb), at (757) 398-6422, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Proposed Management and Budget
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The North Carolina Department of Transportation, who owns and 
operates the U.S. 70 (Alfred C. Cunningham) Bridge across the Trent 
River, mile 0.0, in New Bern, North Carolina, has requested this 
modification to allow the drawbridge to be maintained in the closed-to-
navigation position to address traffic congestion created during peak 
traffic hours and to provide scheduled daily openings to effectively 
balance the needs of land transportation with the reasonable needs of 
navigation.
    The U.S. 70 (Alfred C. Cunningham) Bridge across the Trent River, 
mile 0.0, in New Bern, North Carolina has a vertical clearance of 14 
feet above mean high water in the closed position and unlimited 
vertical clearance above mean high water in the open position. The 
current operation schedule for the drawbridge is published in 33 CFR 
117.843(a)
    This proposed final rule is necessary to help alleviate traffic 
congestion during morning and evening commutes, Monday through Friday, 
except holidays; and balance the needs of land transportation with the 
reasonable needs of navigation. Vessels that can safely transit through 
the bridge in the closed position may do so at any time.
    The Coast Guard is proposing this rulemaking under authority in 33 
U.S.C. 499.

III. Discussion of Proposed Rule

    Under this proposed final rule, the draw shall open on the hour and 
the half hour from 6 a.m. to 10 p.m.; except from 7:30 a.m. to 8:30 
a.m. and from 4:30 p.m. to 6 p.m., Monday through Friday, except 
holidays, when the draw shall remain closed. The draw shall open on 
signal from 10 p.m. to 6 a.m. to all vessels and shall open upon 
request at all times for vessels as defined in 33 CFR 117.31.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that 
vessels can still transit the bridge on signal from 10 p.m.

[[Page 28547]]

to 6 a.m., and on the hour and the half hour from 6 a.m. to 10 p.m., 
except from 7:30 a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m., Monday 
through Friday, except holidays, when the draw shall remain closed. The 
draw shall open upon request at all times for vessels as defined in 33 
CFR 117.31.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section IV.A 
above this proposed rule would not have a significant economic impact 
on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213 (a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, section. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, (Consultation and Coordination with Indian 
Tribal Governments), because it would not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
If you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series), which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under paragraph 
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental 
Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

[[Page 28548]]

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No. 
0170.1.

0
2. Revise Sec.  117.843(a) to read as follows:


Sec.  117.843  Trent River

    (a) The draw of the U.S. 70 Bridge, mile 0.0, at New Bern:
    (1) Shall open on the hour and the half hour from 6 a.m. to 10 
p.m., except during the times authorized in accordance with (a) (2) of 
this section.
    (2) Shall remain closed from 7:30 a.m. to 8:30 a.m. and from 4:30 
p.m. to 6 p.m., Monday through Friday; except holidays.
    (3) Shall open on signal from 10 p.m. to 6 a.m.
    (4) Shall open upon request at all times for vessels as defined in 
Sec.  117.31.
* * * * *

    Dated: April 28, 2020.
K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2020-09462 Filed 5-12-20; 8:45 am]
BILLING CODE 9110-04-P


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