Drawbridge Operation Regulation; Mill Neck Creek, Bayville, NY, 58102-58104 [2023-18324]
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58102
Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations
hearing on objections and challenges
shall continue from day to day until
completed unless the Regional Director
concludes that extraordinary
circumstances warrant otherwise. Any
hearing pursuant to this section shall be
conducted in accordance with the
provisions of §§ 102.64, 102.65, and
102.66, insofar as applicable. Any party
shall have the right to appear at the
hearing in person, by counsel, or by
other representative, to call, examine,
and cross-examine witnesses, and to
introduce into the record evidence of
the significant facts that support the
party’s contentions and are relevant to
the objections and determinative
challenges that are the subject of the
hearing. The Hearing Officer may rule
on offers of proof. Post-hearing briefs
shall be filed only upon special
permission of the Hearing Officer and
within the time and addressing the
subjects permitted by the Hearing
Officer. Upon the close of such hearing,
the Hearing Officer shall prepare and
cause to be served on the parties a
report resolving questions of credibility
and containing findings of fact and
recommendations as to the disposition
of the issues. Any party may, within 10
business days from the date of issuance
of such report, file with the Regional
Director an original and one copy of
exceptions to such report, with
supporting brief if desired. A copy of
such exceptions, together with a copy of
any brief filed, shall immediately be
served on the other parties and a
statement of service filed with the
Regional Director. Within 5 business
days from the last date on which
exceptions and any supporting brief
may be filed, or such further time as the
Regional Director may allow, a party
opposing the exceptions may file an
answering brief with the Regional
Director. An original and one copy shall
be submitted. A copy of such answering
brief shall immediately be served on the
other parties and a statement of service
filed with the Regional Director. Extra
copies of electronically-filed papers
need not be filed. The Regional Director
shall thereupon decide the matter upon
the record or make other disposition of
the case. If no exceptions are filed to
such report, the Regional Director, upon
the expiration of the period for filing
such exceptions, may decide the matter
forthwith upon the record or may make
other disposition of the case.
*
*
*
*
*
Dated: August 18, 2023.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2023–18129 Filed 8–24–23; 8:45 am]
BILLING CODE 7545–01–P
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DEPARTMENT OF THE TREASURY
31 CFR Part 515
Cuban Assets Control Regulations
CFR Correction
This rule is being published by the
Office of the Federal Register to correct
an editorial or technical error that
appeared in the most recent annual
revision of the Code of Federal
Regulations.
■ In Title 31 of the Code of Federal
Regulations, Part 500 to End, revised as
of July 1, 2022, in section 515.570, in
paragraph (d), remove ‘‘§ 515.565(d)’’ in
both places where it appears and add in
its place ‘‘§ 515.565(f)’’.
[FR Doc. 2023–18455 Filed 8–24–23; 8:45 am]
BILLING CODE 0099–10–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2023–0682]
Special Local Regulation; Olympia
Harbor Days Tug Boat Races, Budd
Inlet, WA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
special local regulations for the Olympia
Harbor Days Tug Boat Races, Budd Inlet,
WA, from 11 a.m. until 4 p.m. on
September 2, 2023. This action is
necessary to prevent injury and to
protect life and property of the maritime
public from the hazards associated with
the tug boat races. During the
enforcement periods, the operator of any
vessel in the regulated area must
comply with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
DATES: The regulations in 33 CFR
100.1309 will be enforced from 11 a.m.
until 4 p.m. on September 2, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Peter McAndrew,
Sector Puget Sound Waterways
Management Division, U.S. Coast
Guard; telephone 206–217–6045, email
SectorPugetSoundWWM@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce special local
regulations in 33 CFR 100.1309 for the
SUMMARY:
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Olympia Harbor Days Tug Boat Races,
Budd Inlet, WA, regulated area from 11
a.m. until 4 p.m. on September 2, 2023.
This action is being taken to provide for
the safety of life on navigable waterways
during this event. District Thirteen
regulation 33 CFR 100.1309(a) specifies
the location of the regulated area which
encompasses approximately 2 nautical
miles of the navigable waters in Budd
Inlet. During the enforcement periods, if
you are the operator of a vessel in the
regulated area you must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign. All persons or vessels
who desire to enter the race area while
it is enforced must obtain permission
from the on-scene patrol craft on VHF–
FM channel 16.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via the Local
Notice to Mariners. If the Captain of the
Port determines that the regulated area
need not be enforced for the full
duration stated in this notification, he
may use a Broadcast Notice to Mariners
to grant general permission to enter the
regulated area.
Dated: August 21, 2023.
Y Moon,
Captain, U.S. Coast Guard, Acting Captain
of the Port, Sector Puget Sound.
[FR Doc. 2023–18327 Filed 8–24–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0891]
RIN 1625–AA09
Drawbridge Operation Regulation; Mill
Neck Creek, Bayville, NY
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary interim rule and
request for comments.
AGENCY:
The Coast Guard is
temporarily modifying the operating
schedule that governs the Bayville
Highway Bridge across the Mill Neck
Creek, mile 0.1, at Bayville, NY. This
action is necessary to allow the bridge
owner to complete the remaining
replacements and repairs.
DATES: This temporary interim rule is
effective from August 25, 2023, through
January 31, 2024.
SUMMARY:
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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations
Comments and related material must
reach the Coast Guard on or before
September 25, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type the docket
number (USCG–2022–0891) in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’. In
the Document Type column, select
‘‘Supporting & Related Material’’.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Stephanie E. Lopez, Bridge
Management Specialist, First Coast
Guard District; telephone (212) 514–
4335, email Stephanie.E.Lopez@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
ddrumheller on DSK120RN23PROD with RULES1
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
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary interim rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because it is
impracticable. This bridge is operating
under single leaf openings and will
continue to operate in this way until
rehabilitation work can be completed in
January 2024.
On May 10, 2022, the Coast Guard
issued a General Deviation which
allowed the bridge owner, Nassau
County, to deviate from the current
operating schedule in 33 CFR 117.800 to
conduct major mechanical rehabilitation
of the bridge. Due to delays in procuring
materials, the project has run past the
end date of April 12, 2023, of the
General Deviation. The bridge cannot be
brought back to operating condition
until the completion of the mechanical
rehabilitation. Therefore, there is
insufficient time to provide a reasonable
comment period and then consider
those comments before issuing the
modification.
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58103
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making it effective in less than 30 days
after publication in the Federal
Register. For reasons presented above,
delaying the effective date of this rule
would be impracticable and contrary to
the public interest because the bridge is
currently incapable of normal
operations and will not be back into full
operation until the rehabilitation work
can be completed.
We are soliciting comments on this
rulemaking. If the Coast Guard
determines that changes to the
temporary interim rule are necessary,
we will publish a temporary final rule
or other appropriate document.
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This temporary interim rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866, as amended by Executive
Order 14094 (Modernizing Regulatory
Review). Accordingly, the temporary
interim rule has not been reviewed by
the Office of Management and Budget
(OMB).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge through a single
leaf operation as well as all vessels that
do not require an opening may transit.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this
temporary interim rule under authority
in 33 U.S.C. 499. The Coast Guard is
modifying the operating schedule that
governs the Bayville Highway Bridge
across the Mill Neck Creek, mile 0.1,
Bayville, New York. The Bayville
highway bridge has a vertical clearance,
in the closed position, of 9 feet at mean
high water and unlimited vertical
clearance when opened.
The existing drawbridge regulation,
33 CFR 117.800, states that the draw of
the Bayville highway bridge, mile 0.1,
shall open on signal from May 1 through
October 31 and at all other times at least
two-hour advance notice. Nassau
County, the bridge owner, has requested
to operate under single leaf openings so
they may continue rehabilitation on the
bridge while providing minimal impact
on marine traffic.
V. Regulatory Analyses
We developed this temporary interim
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.
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 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 V.A. above, this 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 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 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 or
any policy or action of the Coast Guard.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
IV. Discussion of the Rule
The Coast Guard is issuing this rule,
which permits a temporary deviation
from the operating schedule that
governs the Bayville Highway Bridge
across the Mill Neck Creek, mile 0.1,
Bayville, New York. The rule is
necessary to accommodate the
completion of the bridge mechanical
repairs. This rule allows the bridge to
operate under single leaf openings until
January 31, 2024. Vessels that can
transit under the bridge without an
opening may do so.
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Federal Register / Vol. 88, No. 164 / Friday, August 25, 2023 / Rules and Regulations
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 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 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.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
ddrumheller on DSK120RN23PROD with RULES1
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has determined
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule
promulgates the operating regulations or
procedures for drawbridges. Normally
such actions are categorically excluded
from further review, under paragraph
L49, of Chapter 3, Table 3–1 of the U.S.
Coast Guard Environmental Planning
Implementation Procedures.
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Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
VI. Public Participation and Request for
Comments
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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 DecisionMaking Portal at https://
www.regulations.gov. To do so, go to
https://www.regulations.gov, type
USCG–2022–0891 in the search box and
click ‘‘Search.’’ Next, look for this
document in the ‘‘Search Results’’
column, and click on it. Then click on
the ‘‘Comment’’ option. 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.
To view documents mentioned in this
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the rule. We may choose not to post offtopic, inappropriate, or duplicate
comments that we receive. Additionally,
if you click on the ‘‘Dockets’’ tab and
then the rule, you should see a
‘‘Subscribe’’ option for email alerts.
Selecting this option will enable
notifications when comments are
posted, or if/when a final rule is
published.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov 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).
List of Subjects in 33 CFR Part 117
Bridges.
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Fmt 4700
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1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and DHS Delegation No. 00170.1, Revision
No. 01.3.
§ 117.800
■
■
[Stayed]
2. Stay § 117.800.
3. Add § 117.T800 to read as follows:
§ 117.T800 Mill
Neck Creek.
The draw shall operate on single leaf
operations from August 25, 2023, to
11:59 p.m. on January 31, 2024.
Dated: August 20, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2023–18324 Filed 8–24–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[USCG–2023–0572]
RIN 1625–AA00
Safety Zone; Lake of the Ozarks, Mile
Marker 8, Lake Ozark, MO
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters within a 560-foot
radius of a fireworks launch barge at
Mile Marker (MM) 8 on Lake of the
Ozarks. The safety zone is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by the fireworks
display. Entry of vessels or persons into
the zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Upper Mississippi River
or a designated representative.
DATES: This rule is effective from 9 p.m.
on August 25, 2023, through 9:30 p.m.
on August 26, 2023. This rule will be
enforced from 9 p.m. to 9:30 p.m. on
August 25, 2023, or, if necessary due to
inclement weather, on August 25, from
9 p.m. to 9:30 p.m. on August 26, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 164 (Friday, August 25, 2023)]
[Rules and Regulations]
[Pages 58102-58104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18324]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0891]
RIN 1625-AA09
Drawbridge Operation Regulation; Mill Neck Creek, Bayville, NY
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Bayville Highway Bridge across the Mill Neck
Creek, mile 0.1, at Bayville, NY. This action is necessary to allow the
bridge owner to complete the remaining replacements and repairs.
DATES: This temporary interim rule is effective from August 25, 2023,
through January 31, 2024.
[[Page 58103]]
Comments and related material must reach the Coast Guard on or
before September 25, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type the
docket number (USCG-2022-0891) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Stephanie E. Lopez, Bridge Management Specialist, First
Coast Guard District; telephone (212) 514-4335, 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 Information and Regulatory History
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)). This provision authorizes an agency to issue a rule without
prior notice and opportunity to comment when the agency for good cause
finds that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast
Guard finds that good cause exists for not publishing a notice of
proposed rulemaking (NPRM) with respect to this rule because it is
impracticable. This bridge is operating under single leaf openings and
will continue to operate in this way until rehabilitation work can be
completed in January 2024.
On May 10, 2022, the Coast Guard issued a General Deviation which
allowed the bridge owner, Nassau County, to deviate from the current
operating schedule in 33 CFR 117.800 to conduct major mechanical
rehabilitation of the bridge. Due to delays in procuring materials, the
project has run past the end date of April 12, 2023, of the General
Deviation. The bridge cannot be brought back to operating condition
until the completion of the mechanical rehabilitation. Therefore, there
is insufficient time to provide a reasonable comment period and then
consider those comments before issuing the modification.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making it effective in less than 30 days after publication
in the Federal Register. For reasons presented above, delaying the
effective date of this rule would be impracticable and contrary to the
public interest because the bridge is currently incapable of normal
operations and will not be back into full operation until the
rehabilitation work can be completed.
We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this temporary interim rule under
authority in 33 U.S.C. 499. The Coast Guard is modifying the operating
schedule that governs the Bayville Highway Bridge across the Mill Neck
Creek, mile 0.1, Bayville, New York. The Bayville highway bridge has a
vertical clearance, in the closed position, of 9 feet at mean high
water and unlimited vertical clearance when opened.
The existing drawbridge regulation, 33 CFR 117.800, states that the
draw of the Bayville highway bridge, mile 0.1, shall open on signal
from May 1 through October 31 and at all other times at least two-hour
advance notice. Nassau County, the bridge owner, has requested to
operate under single leaf openings so they may continue rehabilitation
on the bridge while providing minimal impact on marine traffic.
IV. Discussion of the Rule
The Coast Guard is issuing this rule, which permits a temporary
deviation from the operating schedule that governs the Bayville Highway
Bridge across the Mill Neck Creek, mile 0.1, Bayville, New York. The
rule is necessary to accommodate the completion of the bridge
mechanical repairs. This rule allows the bridge to operate under single
leaf openings until January 31, 2024. Vessels that can transit under
the bridge without an opening may do so.
V. Regulatory Analyses
We developed this temporary interim 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.
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. This temporary interim rule has not been designated a
``significant regulatory action,'' under Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the temporary interim rule has not been reviewed by the
Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge through a single leaf operation as
well as all vessels that do not require an opening may transit.
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 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 V.A.
above, this 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 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 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 or any policy or action of the
Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork
[[Page 58104]]
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 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 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges. Normally such actions are
categorically excluded from further review, under paragraph L49, of
Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental Planning
Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
VI. 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 Decision-
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0891 in the search box and click
``Search.'' Next, look for this document in the ``Search Results''
column, and click on it. Then click on the ``Comment'' option. 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.
To view documents mentioned in this rule as being available in the
docket, find the docket as described in the previous paragraph, and
then select ``Supporting & Related Material'' in the Document Type
column. Public comments will also be placed in our online docket and
can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the rule. We may choose not to post off-topic, inappropriate,
or duplicate comments that we receive. Additionally, if you click on
the ``Dockets'' tab and then the rule, you should see a ``Subscribe''
option for email alerts. Selecting this option will enable
notifications when comments are posted, or if/when a final rule is
published.
We accept anonymous comments. Comments we post to https://www.regulations.gov 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).
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 DHS Delegation No.
00170.1, Revision No. 01.3.
Sec. 117.800 [Stayed]
0
2. Stay Sec. 117.800.
0
3. Add Sec. 117.T800 to read as follows:
Sec. 117.T800 Mill Neck Creek.
The draw shall operate on single leaf operations from August 25,
2023, to 11:59 p.m. on January 31, 2024.
Dated: August 20, 2023.
J.W. Mauger,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2023-18324 Filed 8-24-23; 8:45 am]
BILLING CODE 9110-04-P
