Drawbridge Operation Regulation; Middle River, Near Discovery Bay, CA, 44494-44496 [2020-15385]
Download as PDF
44494
Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Proposed Rules
D. Projected Reporting, Recordkeeping,
and Other Compliance Requirements,
Including Classes of Covered Small
Entities and Professional Skills Needed
to Comply
The proposed amendments would
repeal the Rule and would therefore not
impose any recordkeeping, reporting, or
compliance requirements on any
entities. Instead, the proposed repeal
would eliminate the Rule’s disclosure
and other compliance obligations for all
small entities subject to the Rule.
By direction of the Commission.
April J. Tabor,
Secretary.
E. Duplicative, Overlapping, or
Conflicting Federal Rules
The Commission has not identified
any federal statutes, rules, or policies
that duplicate, overlap, or conflict with
proposed repeal of the Rule.
[Docket No. USCG–2020–0137]
F. Significant Alternatives to the
Proposed Amendments
The Commission is not aware of any
significant alternatives that would
further minimize the impact on small
entities of the proposed repeal, but
solicits comments on this approach.
ACTION:
VII. Paperwork Reduction Act
The existing Rule contains various
‘‘collection of information’’ (e.g.,
disclosure) requirements for which the
Commission has obtained OMB
clearance under the Paperwork
Reduction Act (‘‘PRA’’), 44 U.S.C. 3501
et seq. OMB has approved the Rule’s
existing information collection
requirements through May 31, 2021
(OMB Control No. 3084–013).112 The
proposed rule contains no collections of
information under the PRA. See 44
U.S.C. 3502(3). Accordingly, there is no
paperwork burden associated with the
proposed rule. As discussed above, the
Commission seeks comment on
repealing the Rule and it is the
Commission’s intention to rescind the
associated information collection in
connection with the proposed repeal.
Accordingly, repeal of the Rule would
eliminate the burdens imposed by the
Rule’s disclosure requirements on
manufacturers or importers of textile
apparel.
Proposed Regulatory Language
jbell on DSKJLSW7X2PROD with PROPOSALS
PART 423—[REMOVED]
For the reasons stated in the preamble,
and under the authority of 15 U.S.C.
57a, the Commission proposes to
remove 16 CFR part 423.
112 See
83 FR 15144 (Apr. 9, 2018).
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BILLING CODE 6750–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
RIN 1625–AA09
Drawbridge Operation Regulation;
Middle River, Near Discovery Bay, CA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
change the operating schedule that
governs the Woodward Island Bridge
across Middle River, mile 11.8, near
Discovery Bay, CA. The proposed
operating schedule change will require
the removable span to open for vessels
engaged in emergency levee repairs. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
October 21, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0137 using Federal e-Rulemaking
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 about this proposed
rulemaking, call or email Carl T.
Hausner, Chief, Bridge Section,
Eleventh Coast Guard District;
telephone 510–437–3516, email
Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
List of Subjects in 16 CFR Part 423
Clothing, Labeling, Textiles, Trade
practices.
■
[FR Doc. 2020–13919 Filed 7–22–20; 8:45 am]
II. Background, Purpose and Legal
Basis
On September 20, 2017 the U.S. Coast
Guard issued San Joaquin County a
permit to construct the new removable
span Woodward Island Bridge across
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
Middle River, mile 11.8, near Discovery
Bay, CA. Construction was completed
on January 23, 2020. The new bridge
provides 30 feet of vertical clearance in
the closed-to-navigation position,
unlimited vertical clearance when the
span is removed, and 83 feet of
horizontal clearance, dolphin to
dolphin, measured normal to the
centerline of the channel. The opening
requirement for the newly constructed
Woodward Island Bridge over Middle
River is currently governed by 33 CFR
117.5, which requires prompt and full
opening for the passage of vessels when
a request or signal to open is given.
A three-year navigational analysis of
that portion of Middle River was
conducted between 2000 and 2003. The
results of the analysis indicated the
newly constructed bridge would meet
the reasonable needs of recreational
vessels that normally use the waterway.
Vessels which cannot transit the bridge
in the closed position have an alternate
route to reach the opposite side of the
bridge.
The Woodward Island Bridge was
designed with a removable span to
allow emergency vessels engaged in
levee repair to request an opening when
necessary. Since most recreational
vessels can transit the new Woodward
Island Bridge and there is an alternate
route around the bridge, there is no
need for an ‘‘open on demand’’
regulation as prescribed in 33 CFR
117.5.
III. Discussion of Proposed Rule
The Coast Guard proposes to change
the operating schedule that governs the
Woodward Island Bridge across Middle
River, mile 11.8, near Discovery Bay,
CA. This proposed rule change would
implement regulations for the bridge to
only open for vessels engaged in
emergency levee repairs. The regulatory
text we are proposing appears at the end
of this document.
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
E:\FR\FM\23JYP1.SGM
23JYP1
Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Proposed Rules
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 ability of vessels to still
transit underneath the bridge while the
removable span is in place.
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.).
VerDate Sep<11>2014
16:11 Jul 22, 2020
Jkt 250001
D. Federalism and Indian Tribal
Governments
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 (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
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Frm 00012
Fmt 4702
Sfmt 4702
44495
L49 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1.
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.
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44496
Federal Register / Vol. 85, No. 142 / Thursday, July 23, 2020 / Proposed Rules
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:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 0170.1.
2. Amend § 117.171 by revising
paragraph (c) and adding paragraph (d)
to read as follows:
■
§ 117.171
Middle River.
*
*
*
*
*
(c) The removable span of the
Woodward Island Bridge, mile 11.8 near
Discovery Bay, shall be removed as soon
as possible upon notification by the
District Commander that an emergency
exists which requires its removal.
(d) The California Route 4 Bridge,
mile 15.1, between Victoria Island and
Drexler Tract need not open for the
passage of vessels.
Dated: July 9, 2020.
Joseph R. Buzzella,
Captain, U.S. Coast Guard, Acting
Commander, Eleventh Coast Guard District.
[FR Doc. 2020–15385 Filed 7–22–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0127; FRL–10012–
23–Region 9]
Air Plan Approval; California;
Sacramento Metropolitan Air Quality
Management District
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Proposed rule.
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Sacramento
Metropolitan Air Quality Management
District (SMAQMD) portion of the
California State Implementation Plan
(SIP). These revisions concern
emissions of volatile organic
compounds (VOCs) from the surface
coating operations of plastic parts and
products. We are proposing to approve
a local rule to regulate these emission
sources under the Clean Air Act (CAA
or the ‘‘Act’’) and we are proposing to
approve a negative declaration for a
subcategory of a control techniques
guidelines (CTG) source in the
SMAQMD.
We are taking comments on this
proposal and plan to follow with a final
action.
DATES: Any comments must arrive by
August 24, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2019–0127 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. 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
SUMMARY:
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, (415)
972–3024, lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rule and negative declaration did
the State submit?
B. Are there other versions of this rule and
negative declaration?
C. What is the purpose of the submitted
rule?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rule and
the negative declaration?
B. Do the submissions meet the evaluation
criteria?
C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rule and negative declaration
did the State submit?
Table 1 lists the rule and the negative
declaration addressed by this proposal
with the dates that they were adopted
by the local air agency and submitted to
the EPA by the California Air Resources
Board.
jbell on DSKJLSW7X2PROD with PROPOSALS
TABLE 1—SUBMITTED RULE AND NEGATIVE DECLARATION
Local agency
Rule No.
Rule title
SMAQMD .......
SMAQMD .......
468
........................
Surface Coating of Plastic Parts and Products ..............................................
Negative Declaration for ‘‘Control Techniques Guidelines for Miscellaneous
Metal and Plastic Parts Coatings,’’ EPA–453/R–08–003, September
2008 (Pleasure Craft Coating Portion Only) (‘‘Pleasure Craft Coating
Neg Dec’’).
On August 23, 2018, the EPA
determined that the submittal for
SMAQMD Rule 468 and the Pleasure
Craft Coating Neg Dec met the
completeness criteria in 40 CFR part 51
VerDate Sep<11>2014
16:11 Jul 22, 2020
Jkt 250001
Adopted
03/22/2018
03/22/2018
Submitted
05/23/2018
6/11/2018
Appendix V, which must be met before
formal EPA review.1
B. Are there other versions of this rule
and negative declaration?
1 Letter from Elizabeth Adams, Director, Air
Division, Environmental Protection Agency to
Richard Corey, Executive Officer, California Air
Resources Board, stating fulfillment of
completeness criteria of 40 CFR part 51, Appendix
V, dated August 23, 2018.
There are no previous versions of
Rule 468 in the SIP. There are no
previous versions of the Pleasure Craft
Neg Dec in the SMAQMD portion of the
California SIP for the 1997, 2008 and
2015 8-hour ozone national ambient air
quality standards (NAAQS).
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E:\FR\FM\23JYP1.SGM
23JYP1
Agencies
[Federal Register Volume 85, Number 142 (Thursday, July 23, 2020)]
[Proposed Rules]
[Pages 44494-44496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15385]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0137]
RIN 1625-AA09
Drawbridge Operation Regulation; Middle River, Near Discovery
Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the Woodward Island Bridge across Middle River, mile 11.8, near
Discovery Bay, CA. The proposed operating schedule change will require
the removable span to open for vessels engaged in emergency levee
repairs. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before October 21, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0137 using Federal e-Rulemaking 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 about this
proposed rulemaking, call or email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone 510-437-3516, 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 Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
On September 20, 2017 the U.S. Coast Guard issued San Joaquin
County a permit to construct the new removable span Woodward Island
Bridge across Middle River, mile 11.8, near Discovery Bay, CA.
Construction was completed on January 23, 2020. The new bridge provides
30 feet of vertical clearance in the closed-to-navigation position,
unlimited vertical clearance when the span is removed, and 83 feet of
horizontal clearance, dolphin to dolphin, measured normal to the
centerline of the channel. The opening requirement for the newly
constructed Woodward Island Bridge over Middle River is currently
governed by 33 CFR 117.5, which requires prompt and full opening for
the passage of vessels when a request or signal to open is given.
A three-year navigational analysis of that portion of Middle River
was conducted between 2000 and 2003. The results of the analysis
indicated the newly constructed bridge would meet the reasonable needs
of recreational vessels that normally use the waterway. Vessels which
cannot transit the bridge in the closed position have an alternate
route to reach the opposite side of the bridge.
The Woodward Island Bridge was designed with a removable span to
allow emergency vessels engaged in levee repair to request an opening
when necessary. Since most recreational vessels can transit the new
Woodward Island Bridge and there is an alternate route around the
bridge, there is no need for an ``open on demand'' regulation as
prescribed in 33 CFR 117.5.
III. Discussion of Proposed Rule
The Coast Guard proposes to change the operating schedule that
governs the Woodward Island Bridge across Middle River, mile 11.8, near
Discovery Bay, CA. This proposed rule change would implement
regulations for the bridge to only open for vessels engaged in
emergency levee repairs. The regulatory text we are proposing appears
at the end of this document.
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
[[Page 44495]]
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 ability of
vessels to still transit underneath the bridge while the removable span
is in place.
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 Governments
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 (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
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
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.
[[Page 44496]]
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
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. Amend Sec. 117.171 by revising paragraph (c) and adding paragraph
(d) to read as follows:
Sec. 117.171 Middle River.
* * * * *
(c) The removable span of the Woodward Island Bridge, mile 11.8
near Discovery Bay, shall be removed as soon as possible upon
notification by the District Commander that an emergency exists which
requires its removal.
(d) The California Route 4 Bridge, mile 15.1, between Victoria
Island and Drexler Tract need not open for the passage of vessels.
Dated: July 9, 2020.
Joseph R. Buzzella,
Captain, U.S. Coast Guard, Acting Commander, Eleventh Coast Guard
District.
[FR Doc. 2020-15385 Filed 7-22-20; 8:45 am]
BILLING CODE 9110-04-P