Drawbridge Operation Regulation; Trent River, New Bern, NC, 57691-57693 [2020-20269]
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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.
*
*
*
*
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■ 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 .............................................................................................................................................
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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
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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.
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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.
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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
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Fmt 4700
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
