Drawbridge Operation Regulation; Trent River, New Bern, NC, 57691-57693 [2020-20269]

Download as PDF Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations Family and Medical Leave is required as soon as practicable. If the reason for this leave is foreseeable, it will generally be practicable to provide notice prior to the need to take leave. * * * * * ■ 5. Amend § 826.100 by revising paragraph (a) to read as follows: § 826.100 leave. across the Trent River, mile 0.0, in New Bern, North Carolina. This 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. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble III. Legal Authority and Need for Rule I. Abbreviations II. Basis and Purpose, and Regulatory History III. Legal Authority and Need for Rule IV. Discussion of Changes, Comments, and Final Rule V. Regulatory Analyses A. Regulatory Planning and Review B. Impact on Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism and Indian Tribal Goverment F. Unfunded Mandates G. Environment H. Protest Activities The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The US 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) Trent River is used predominately by recreational vessels, sailing vessels, and pleasure craft. The 16-month average of bridge openings, average number of vessels, and maximum number of bridge openings by month, as drawn from the data contained in the bridge tender logs provided by the North Carolina Department of Transportation, is presented below. DATES: This rule is effective October 16, To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov. Type USCG– 2020–0027 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. ADDRESSES: (a) An Employee is required to provide the Employer documentation containing the following information as soon as practicable, which in most cases will be when the Employee provides notice under § 826.90: (1) Employee’s name; (2) Date(s) for which leave is requested; (3) Qualifying reason for the leave; and (4) Oral or written statement that the Employee is unable to work because of the qualified reason for leave. * * * * * [FR Doc. 2020–20351 Filed 9–11–20; 5:00 pm] BILLING CODE 4510–27–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG 2020–0027] RIN 1625–AA09 Coast Guard, DHS. ACTION: Final rule. AGENCY: The Coast Guard is altering the operating schedule that governs the US 70 (Alfred C. Cunningham) Bridge SUMMARY: If you have questions on this rule, call or email Mr. Martin A. Bridges, Fifth Coast Guard District (dpb), at (757) 398–6422, email Martin.A.Bridges@uscg.mil. FOR FURTHER INFORMATION CONTACT: I. Abbreviations Drawbridge Operation Regulation; Trent River, New Bern, NC 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 Average openings Month jbell on DSKJLSW7X2PROD with RULES II. Basis and Purpose, and Regulatory History The purpose of this rule is to alter the operating schedule that governs the US 70 (Alfred C. Cunningham) Bridge across the Trent River, mile 0.0, in New Bern, North Carolina. This 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. On May 13, 2020, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) entitled ‘‘Drawbridge Operation Regulation; Trent River, New Bern, NC’’ in the Federal Register (85 FR 28546). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action. During the comment period that ended June 12, 2020, we received one comment and that comment is addressed in Section IV of this Final Rule. 2020. Documentation of need for January ........................................................................................................................................ February ....................................................................................................................................... March ........................................................................................................................................... April .............................................................................................................................................. May .............................................................................................................................................. June ............................................................................................................................................. July ............................................................................................................................................... August .......................................................................................................................................... September ................................................................................................................................... October ........................................................................................................................................ November .................................................................................................................................... December .................................................................................................................................... Monthly ........................................................................................................................................ Daily ............................................................................................................................................. VerDate Sep<11>2014 16:31 Sep 15, 2020 Jkt 250001 57691 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 28 36 67 204 236 245 199 261 161 119 122 65 145 56 16SER1 Average vessels 24 28 56 212 265 251 185 260 163 106 85 39 139 54 Maximum openings 28 36 67 271 302 306 242 261 161 119 122 65 165 63 57692 Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations IV. Discussion of Comments, Changes and Final Rule The Coast Guard provided a comment period of 30 days and received one comment. The commenter is in favor of removing the Sunday afternoon opening restrictions from May 24 through September 8, but deems the hour and the half hour opening schedule from 6 a.m. to 10 p.m. as unnecessary, and would like to see the on-demand practice for bridge openings continued. The Coast Guard considered the comment in relation to current and prospective navigation safety and mobility objectives, as well as the purpose of the proposed regulation, and found no basis upon which to amend the proposed regulatory language within the final rule. V. Regulatory Analyses The Coast Guard has developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protesters. jbell on DSKJLSW7X2PROD with RULES 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 rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it 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. 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 VerDate Sep<11>2014 16:31 Sep 15, 2020 Jkt 250001 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 received zero comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– 121), we want to assist small entities in understanding this 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 rule of any policy or action of the Coast Guard. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. D. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). E. 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 rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 F. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. The Coast Guard received zero comments about money expenditures from any State, local, or tribal government. G. 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 rule promulgates the operating regulations or procedures for drawbridges and is categorically excluded from further review, under paragraph L49, of Chapter 3, Table3–1 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. H. 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. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 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; and Department of Homeland Security Delegation No. 0170.1. E:\FR\FM\16SER1.SGM 16SER1 Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Rules and Regulations 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: September 8, 2020. K.M. Smith, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2020–20269 Filed 9–15–20; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF EDUCATION 34 CFR Chapter III [Docket ID ED–2019–OSERS–0044] Final Waiver and Extension of the Project Period for a Grant that Provides Rehabilitation Short-Term Training to the Client Assistance Program (CAP) Office of Special Education and Rehabilitative Services (OSERS), Department of Education. ACTION: Final waiver and extension of project period. AGENCY: The U.S. Department of Education (Department) waives the requirements in the Education Department General Administrative Regulations that generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds. The waiver and extension enable the Rehabilitation Short-Term Training-CAP under Catalog of Federal Domestic Assistance (CFDA) number 84.246K to receive funding for an additional performance period of one year, not to exceed September 30, 2021. DATES: The waiver and extension of the project period is effective September 16, 2020. FOR FURTHER INFORMATION CONTACT: Felipe Lulli, U.S. Department of Education, 400 Maryland Avenue SW, Room 5101, Potomac Center Plaza, Washington, DC 20202–2800. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:31 Sep 15, 2020 Jkt 250001 Telephone: 202–245–7425. Email: felipe.lulli@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: Background In September 2015, the Rehabilitation Services Administration (RSA) awarded a 60-month grant to the National Disability Rights Network (NDRN) under the Rehabilitation Short-Term Training Program, authorized under section 302 of the Rehabilitation Act of 1973, as amended (Rehabilitation Act) (29 U.S.C. 772). Under the grant, NDRN provides training and technical assistance to increase the capacity of CAP professionals to fulfill their responsibilities under section 112 of the Rehabilitation Act to inform, advise, and advocate for individuals with disabilities and facilitate their access to services and programs available under the Rehabilitation Act, as amended by the Workforce Innovation and Opportunity Act (WIOA) (29 U.S.C. 3101 et seq.). The performance period for that grant ends on September 30, 2020. On April 27, 2020, the Department published in the Federal Register (85 FR 23270) a document proposing an extension of the Rehabilitation ShortTerm Training-CAP performance period for an additional budget period, not to exceed September 30, 2021; a waiver of the requirements in 34 CFR 75.250, which prohibit project periods exceeding five years; and a waiver of the requirements in 34 CFR 75.261(a) and (c)(2), which allow the extension of a project period only if the extension does not involve the obligation of additional Federal funds. We are extending the Rehabilitation Short-Term Training-CAP for an additional year to assess and enhance the Department’s CAP training and technical assistance approaches in light of (a) the expanded quality employment opportunities for individuals with disabilities promoted by WIOA; (b) promising employment initiatives advanced by RSA’s Vocational Rehabilitation Technical Assistance Centers, consistent with WIOA; and (c) new training delivery platforms and methodologies that could be applied to this CAP training program, including the training that will be developed under the Innovative Rehabilitation Training program, CFDA number 84.263D. In short, the waiver and extension will allow the current PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 57693 Rehabilitation Short-Term Training-CAP grantee to continue providing critical training and technical assistance to CAP personnel, while the Innovative Rehabilitation Training program grantee designs and scales up a new, innovative training program that, consistent with WIOA, maximizes the capacity of CAP personnel to inform, advise, and advocate for individuals with disabilities and facilitate their access to expanded quality employment opportunities in their States. Public Comment: In response to our invitation in the notification of proposed waiver and extension of the project periods, five parties submitted responsive comments. An analysis of the comments follows. Comment: All commenters expressed support for the Rehabilitation ShortTerm Training-CAP extension, including support for the Department’s stated reason for doing so. None of the commenters recommended changes or provided substantive comments regarding the proposed extension and waiver itself. Discussion: We appreciate commenters’ support for this action, which we believe will allow the Department to more effectively support CAP personnel. Changes: None. Final Waiver and Extension: The Department is extending the Rehabilitation Short-Term Training-CAP for an additional budget period, not to exceed September 30, 2021. The Department has concluded that it would not be in the public interest to end the Rehabilitation Short-Term Training-CAP grant while the new, enhanced CAP training program under the Innovative Rehabilitation Training priority related to CAP (CFDA number 84.263D) is being designed and ramped up during its first year. Doing so would reduce the Department’s ability to provide ongoing training and technical assistance that CAP professionals need to fulfill their responsibilities under the Rehabilitation Act in the coming fiscal year (FY). For this reason, the Department waives the requirements in 34 CFR 75.250, which prohibit project periods exceeding five years, and the requirements in 34 CFR 75.261(a) and (c)(2), which allow the extension of a project period only if the extension does not involve the obligation of additional Federal funds. The waiver would allow the Department to issue a one-time FY 2020 continuation award to the Rehabilitation Short-Term TrainingCAP, as follows. E:\FR\FM\16SER1.SGM 16SER1

Agencies

[Federal Register Volume 85, Number 180 (Wednesday, September 16, 2020)]
[Rules and Regulations]
[Pages 57691-57693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20269]


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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: Final rule.

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

SUMMARY: The Coast Guard is altering the operating schedule that 
governs the US 70 (Alfred C. Cunningham) Bridge across the Trent River, 
mile 0.0, in New Bern, North Carolina. This 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: This rule is effective October 16, 2020.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0027 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Legal Authority and Need for Rule
IV. Discussion of Changes, Comments, and Final Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Impact on Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism and Indian Tribal Goverment
    F. Unfunded Mandates
    G. Environment
    H. Protest Activities

I. 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. Basis and Purpose, and Regulatory History

    The purpose of this rule is to alter the operating schedule that 
governs the US 70 (Alfred C. Cunningham) Bridge across the Trent River, 
mile 0.0, in New Bern, North Carolina. This 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. On May 13, 2020, the Coast Guard published a Notice of 
Proposed Rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; 
Trent River, New Bern, NC'' in the Federal Register (85 FR 28546). 
There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action. During the comment period that ended June 
12, 2020, we received one comment and that comment is addressed in 
Section IV of this Final Rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The US 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)
    Trent River is used predominately by recreational vessels, sailing 
vessels, and pleasure craft. The 16-month average of bridge openings, 
average number of vessels, and maximum number of bridge openings by 
month, as drawn from the data contained in the bridge tender logs 
provided by the North Carolina Department of Transportation, is 
presented below.

----------------------------------------------------------------------------------------------------------------
                                                                      Average         Average         Maximum
                              Month                                  openings         vessels        openings
----------------------------------------------------------------------------------------------------------------
January.........................................................              28              24              28
February........................................................              36              28              36
March...........................................................              67              56              67
April...........................................................             204             212             271
May.............................................................             236             265             302
June............................................................             245             251             306
July............................................................             199             185             242
August..........................................................             261             260             261
September.......................................................             161             163             161
October.........................................................             119             106             119
November........................................................             122              85             122
December........................................................              65              39              65
Monthly.........................................................             145             139             165
Daily...........................................................              56              54              63
----------------------------------------------------------------------------------------------------------------


[[Page 57692]]

IV. Discussion of Comments, Changes and Final Rule

    The Coast Guard provided a comment period of 30 days and received 
one comment. The commenter is in favor of removing the Sunday afternoon 
opening restrictions from May 24 through September 8, but deems the 
hour and the half hour opening schedule from 6 a.m. to 10 p.m. as 
unnecessary, and would like to see the on-demand practice for bridge 
openings continued. The Coast Guard considered the comment in relation 
to current and prospective navigation safety and mobility objectives, 
as well as the purpose of the proposed regulation, and found no basis 
upon which to amend the proposed regulatory language within the final 
rule.

V. Regulatory Analyses

    The Coast Guard has developed this rule after considering numerous 
statutes and Executive Orders related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and Executive Orders, 
and we discuss First Amendment rights of protesters.

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it 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. 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 received zero comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule would not have a significant economic impact on a 
substantial number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this 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 rule of any policy or action of the 
Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

D. Collection of Information

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

E. 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.

F. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble. The Coast Guard received zero comments about money 
expenditures from any State, local, or tribal government.

G. 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 rule promulgates the operating 
regulations or procedures for drawbridges and is categorically excluded 
from further review, under paragraph L49, of Chapter 3, Table3-1 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.

H. 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.

List of Subjects in 33 CFR Part 117 Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
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; and Department of 
Homeland Security Delegation No. 0170.1.


[[Page 57693]]



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: September 8, 2020.
K.M. Smith,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2020-20269 Filed 9-15-20; 8:45 am]
BILLING CODE 9110-04-P