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
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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]
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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
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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.
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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.
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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
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17:19 May 12, 2020
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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
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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:
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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
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SUMMARY:
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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
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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
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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