Drawbridge Operation Regulation; Townsend Gut, Southport, ME, 51993-51995 [2024-13472]
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Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules
scope of practice permitted under State
or Federal law, other than acceptable
medical sources identified in paragraph
(a) of this section, are other medical
sources. Examples include licensed
clinical social workers, naturopaths, and
chiropractors. The Board will accept
and consider evidence from other
medical sources about the claimant’s
impairment(s) and the effect on the
claimant’s ability to work, but the
presence of a medically determinable
physical or mental impairment must be
established with objective medical
evidence from an acceptable medical
source as defined in paragraph (a) of
this section.
*
*
*
*
*
(e) Evidence from treating medical
sources. A statement by or the opinion
of the claimant’s treating medical source
will not determine whether the claimant
is disabled. However, the medical
evidence provided by a treating medical
source will be considered by the Board
in making a disability decision. A
treating medical source is a medical
source to whom the claimant has been
going for treatment on a continuing
basis. The claimant may have more than
one treating medical source. The Board
may use consulting physicians or other
medical consultants for specialized
examinations or tests, to obtain more
complete evidence, and to resolve any
conflicts. A consulting physician is a
doctor (often a specialist) to whom the
claimant is referred for an examination
once or on a limited basis. (See § 220.50
for an explanation of when the Board
may request a consultative
examination.)
(f) Information from non-medical
sources. Information from other sources
may also help the Board understand
how an impairment affects the
claimant’s ability to work. Other sources
include—
(1) Public and private social welfare
agency personnel;
(2) Family members, caregivers,
friends, and neighbors of the claimant;
(3) Educational personnel such as
teachers, counselors, and daycare center
workers;
(4) Railroad and nonrailroad
employers; and,
(5) The claimant themselves.
Dated: June 14, 2024.
By Authority of the Board.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2024–13554 Filed 6–20–24; 8:45 am]
BILLING CODE P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2024–0400]
RIN 1625–AA09
Drawbridge Operation Regulation;
Townsend Gut, Southport, ME
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
temporarily modify the operating
schedule that governs the Southport
(SR27) Bridge at mile 0.7 across
Townsend Gut between Boothbay
Harbor and Southport, ME. The bridge
owner, Maine Department of
Transportation (ME DOT), has
submitted a request to allow the bridge
to remain closed to vessel traffic. ME
DOT is conducting rehabilitation of the
swing bridge and the bridge will be
unable to open to marine traffic due to
an operational imbalance while the
work is being conducted. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
July 22, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0400 using Federal Decision
Making Portal at https://
www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Mr. Gary Croot, First
Coast Guard District, Project Officer,
telephone 206–815–1364, email
Gary.T.Croot@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
(Advance, Supplemental)
§ Section
U.S.C. United States Code
ME DOT Maine Department of
Transportation
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51993
II. Background, Purpose and Legal
Basis
The Southport Swing Bridge carries
Maine State Route 27 across Townsend
Gut at mile 0.7 between Boothbay
Harbor, ME and Southport, ME. The
bridge has a vertical clearance of 10.0
feet at Mean High Water and 52.0 feet
horizontal clearance when in the closed
position. Waterway users include
recreational boaters and commercial
fishing vessels.
The existing drawbridge operating
regulation is 33 CFR 117.537 and
requires the bridge to open on request,
except that from April 29 through
September 30, between 6 a.m. and 6
p.m. the draw shall open on signal on
the hour and half hour only, after an
opening request is given.
ME DOT is requesting a temporary
rulemaking to allow the bridge to
remain in the closed to navigation
position so they can conduct bridge
rehabilitation which includes replacing
the bridge deck, and electrical and
mechanical systems upgrades. The
bridge will be unable to open to marine
traffic due to an operational imbalance
while the work is being conducted.
III. Discussion of Proposed Rule
The Coast Guard is proposing to stay
33 CFR 117.537 from 12:01 a.m.
September 30, 2024, through 11:59 p.m.
on May 30, 2025, and adding a new
temporary section that allows the bridge
to remain in the closed to navigation
position during that same time period.
Vessels that can pass under the bridge
while in the closed position may do so.
Vessels that are too large to pass under
the bridge while in the closed position
may navigate around Southport Island.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders.
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 proposed rule has not been
designated a ‘‘significant regulatory
action,’’ under section 3(f) of Executive
Order 12866, as amended by Executive
Order 14094 (Modernizing Regulatory
Review). Accordingly, the NPRM has
not been reviewed by the Office of
Management and Budget (OMB).
E:\FR\FM\21JNP1.SGM
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51994
Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules
This regulatory action determination
is based on the ability of vessels to use
an alternate route. Vessels that are able
to pass under the bridge while in the
closed position may continue to do so.
ddrumheller on DSK120RN23PROD with PROPOSALS1
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
proposed rule would affect your small
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
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distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has determined
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule. We
seek any comments or information that
may lead to the discovery of a
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significant environmental impact from
this proposed rule.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. 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–2024–0400 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.
Viewing material in docket. To view
documents mentioned in this proposed
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. Also, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted, or a final rule is
published of any posting or updates to
the docket.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. 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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Federal Register / Vol. 89, No. 120 / Friday, June 21, 2024 / Proposed Rules
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 00170.1. Revision No.
01.3.
2. Stay § 117.537 from 12:01 a.m. on
September 30, 2024, through 11:59 p.m.
on May 30, 2025.
■ 3. Add § 117.T538 to read as follows:
■
§ 117.T538
Townsend Gut.
The draw shall not be required to
open from 12:01 a.m. on September 30,
2024, through 11:59 p.m. on May 30,
2025.
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2024–13472 Filed 6–20–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 36
RIN 2900–AS08
Loan Guaranty: Adjustable Rate
Mortgages, Hybrid Adjustable Rate
Mortgages, and Temporary Buydown
Agreements
Department of Veterans Affairs.
ACTION: Proposed rule.
AGENCY:
The Department of Veterans
Affairs (VA) proposes to amend its rules
on interest rates for adjustable rate
mortgage (ARM) loans and hybrid
adjustable rate mortgage (h-ARM) loans.
The proposed rule would ensure VA’s
existing interest rate regulation reflects
current statutory requirements regarding
these loans, in a way that makes the
loans a more viable, safe product for
Veterans. The proposed rule would also
solidify requirements for temporary
buydown agreements to help Veterans
temporarily reduce their interest rates
and, in effect, lower their monthly
mortgage payments for a specific period
of time.
DATES: Comments must be received on
or before August 20, 2024.
ADDRESSES: Comments must be
submitted through www.regulations.gov.
Except as provided below, comments
received before the close of the
comment period will be available at
www.regulations.gov for public viewing,
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
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inspection, or copying, including any
personally identifiable or confidential
business information that is included in
a comment. We post the comments
received before the close of the
comment period on
www.regulations.gov as soon as possible
after they have been received. VA will
not post on Regulations.gov public
comments that make threats to
individuals or institutions or suggest
that the commenter will take actions to
harm an individual. VA encourages
individuals not to submit duplicative
comments; however, we will post
comments from multiple unique
commenters even if the content is
identical or nearly identical to other
comments. Any public comment
received after the comment period’s
closing date is considered late and will
not be considered in the final
rulemaking. In accordance with the
Providing Accountability Through
Transparency Act of 2023, a plain
language summary (not more than 100
words in length) of this proposed rule
is available at www.regulations.gov,
under RIN 2900–AS08(P).
FOR FURTHER INFORMATION CONTACT:
Stephanie Li, Assistant Director for
Regulations, Legislation, Engagement
and Training, and Terry Rouch,
Assistant Director for Loan Policy and
Valuation, Loan Guaranty Service (26),
Veterans Benefits Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 632–8862. (This is not a
toll-free telephone number.)
SUPPLEMENTARY INFORMATION:
I. Background and Legal Authority
VA’s home loan guaranty program
assists eligible Veterans 1 to purchase,
construct, improve, or refinance a home.
Since the benefit was initially
introduced in 1944,2 Congress has
enacted laws expanding the types of
loans VA may guarantee. Additionally,
sections 3703(c), 3710, and 3720 further
provide the Secretary broad discretion
in regulating the terms and conditions
of loans, establishing underwriting
standards, and consenting to modified
loan terms such as interest rates. 38
U.S.C. 3703, 3710, and 3720. Lastly,
1 The term ‘‘Veteran’’ is more expansive for the
home loan program than for some other VA
benefits. In addition to Veterans defined at 38
U.S.C. 101, the term includes active duty service
members, members of the National Guard and
Selected Reserve, surviving spouses, and spouses of
those individuals who are determined missing in
action or prisoners of war. See 38 U.S.C. 101, 3701,
and 3702. For more information, please visit VA’s
website at https://www.va.gov/housing-assistance/
home-loans/eligibility/.
2 Servicemen’s Readjustment Act of 1944, Public
Law 78–346, 58 Stat. 284.
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51995
under 38 U.S.C. 501, ‘‘[t]he Secretary
has authority to prescribe all rules and
regulations which are necessary or
appropriate to carry out the laws
administered by the Department.’’ Based
on these authorities, VA proposes to
amend 38 CFR part 36 as discussed
below.
A. Adjustable Rate Mortgages and
Hybrid Adjustable Rate Mortgages
Two types of loans VA may guarantee
are ARM loans pursuant to 38 U.S.C.
3707 and h-ARM loans pursuant to 38
U.S.C. 3707A. Initially, Congress
allowed VA to guarantee ARM and hARM loans under temporary programs,
but VA’s authority was eventually made
permanent.3
B. Temporary Buydown Agreements
A temporary buydown agreement is
commonly included in a mortgage
contract and involves using up-front
funds deposited into an escrow account
to temporarily reduce the interest rate,
effectively lowering the monthly
mortgage payment for a specific period
lasting anywhere from one to three
years. These agreements are often used
as a marketing tool for lenders, sellers,
and builders, as they provide the
Veteran with a lower payment at the
beginning of their loan. The up-front
funds deposited into an escrow account
may be funded by the seller, lender,
builder, or Veteran.
VA has in recent years permitted the
use of temporary buydown agreements 4
3 In 1992, Congress authorized VA to guarantee
ARM loans beginning in fiscal year (FY) 1993.
Veterans Home Loan Program Amendments of
1992, Public Law 102–547, sec. 3(a)(1), 106 Stat.
3633, 3634. This authority, which expired at the
end of FY 1995, was later extended through FY
2008, then through FY 2012, and then, in 2012,
made permanent. Veterans Benefits Improvement
Act of 2004, Public Law 108–454, sec. 404, 118 Stat.
3598, 3616; Veterans’ Benefits Improvement Act of
2008, Public Law 110–389, sec. 505, 122 Stat. 4145,
4176; Honoring America’s Veterans and Caring for
Camp Lejeune Families Act of 2012, Public Law
112–154, sec. 208, 126 Stat. 1165, 1179. Legislation
authorizing VA to guarantee h-ARM loans was first
enacted in 2002. Veterans Benefits Act of 2002,
Public Law 107–330, title III, sec. 303(a), 116 Stat.
2820, 2825. The statutory authority, codified at 38
U.S.C. 3707A, expired at the end of FY 2005 but
was later extended through FY 2008, and then
through FY 2012. Veterans Benefits Improvement
Act of 2004, Public Law 108–454, sec. 405, 118 Stat.
3616–3617; Veterans’ Benefits Improvement Act of
2008, Public Law 110–389, sec. 505, 122 Stat. 4176.
In 2012, Congress made permanent VA’s authority
to guarantee h-ARM loans. Public Law 112–154,
sec. 209, 126 Stat. 1179.
4 When temporary buy-down agreements were
still considered novel, VA was concerned that a
Veteran’s payment of the up-front escrows could be
considered a ‘‘cash-advance fee,’’ in violation of the
regulation at 38 CFR 36.4313. VA published
administrative guidance explaining the position.
See Circular 26–18–4, ‘‘Policy Reminder for
Lender’s Payment or Credit of Veterans Costs in VA
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Agencies
[Federal Register Volume 89, Number 120 (Friday, June 21, 2024)]
[Proposed Rules]
[Pages 51993-51995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13472]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-0400]
RIN 1625-AA09
Drawbridge Operation Regulation; Townsend Gut, Southport, ME
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Southport (SR27) Bridge at mile 0.7 across
Townsend Gut between Boothbay Harbor and Southport, ME. The bridge
owner, Maine Department of Transportation (ME DOT), has submitted a
request to allow the bridge to remain closed to vessel traffic. ME DOT
is conducting rehabilitation of the swing bridge and the bridge will be
unable to open to marine traffic due to an operational imbalance while
the work is being conducted. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before July 22, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0400 using Federal Decision Making Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Gary Croot, First Coast Guard District, Project
Officer, telephone 206-815-1364, 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 (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
ME DOT Maine Department of Transportation
II. Background, Purpose and Legal Basis
The Southport Swing Bridge carries Maine State Route 27 across
Townsend Gut at mile 0.7 between Boothbay Harbor, ME and Southport, ME.
The bridge has a vertical clearance of 10.0 feet at Mean High Water and
52.0 feet horizontal clearance when in the closed position. Waterway
users include recreational boaters and commercial fishing vessels.
The existing drawbridge operating regulation is 33 CFR 117.537 and
requires the bridge to open on request, except that from April 29
through September 30, between 6 a.m. and 6 p.m. the draw shall open on
signal on the hour and half hour only, after an opening request is
given.
ME DOT is requesting a temporary rulemaking to allow the bridge to
remain in the closed to navigation position so they can conduct bridge
rehabilitation which includes replacing the bridge deck, and electrical
and mechanical systems upgrades. The bridge will be unable to open to
marine traffic due to an operational imbalance while the work is being
conducted.
III. Discussion of Proposed Rule
The Coast Guard is proposing to stay 33 CFR 117.537 from 12:01 a.m.
September 30, 2024, through 11:59 p.m. on May 30, 2025, and adding a
new temporary section that allows the bridge to remain in the closed to
navigation position during that same time period. Vessels that can pass
under the bridge while in the closed position may do so. Vessels that
are too large to pass under the bridge while in the closed position may
navigate around Southport Island.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders.
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 proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, the NPRM has not been reviewed by the
Office of Management and Budget (OMB).
[[Page 51994]]
This regulatory action determination is based on the ability of
vessels to use an alternate route. Vessels that are able to pass under
the bridge while in the closed position may continue to do so.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the person listed in the FOR
FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate
against small entities that question or complain about this proposed
rule or any policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. 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-2024-0400 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.
Viewing material in docket. To view documents mentioned in this
proposed 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. Also, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
final rule is published of any posting or updates to the docket.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. 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.
[[Page 51995]]
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
00170.1. Revision No. 01.3.
0
2. Stay Sec. 117.537 from 12:01 a.m. on September 30, 2024, through
11:59 p.m. on May 30, 2025.
0
3. Add Sec. 117.T538 to read as follows:
Sec. 117.T538 Townsend Gut.
The draw shall not be required to open from 12:01 a.m. on September
30, 2024, through 11:59 p.m. on May 30, 2025.
M.E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2024-13472 Filed 6-20-24; 8:45 am]
BILLING CODE 9110-04-P