Drawbridge Operation Regulation; Rancocas Creek, Burlington County, NJ, 61381-61383 [2024-16824]
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Federal Register / Vol. 89, No. 147 / Wednesday, July 31, 2024 / Proposed Rules
(A) Prohibited acts. Manufacturers
and importers of aerosol duster products
shall not manufacture or import aerosol
duster products that do not comply with
paragraph (a)(1)(i) in any one-month
period between [DATE OF
PUBLICATION OF FINAL RULE] and
[EFFECTIVE DATE OF THE FINAL
RULE] at a rate greater than 105 percent
of the rate at which they manufactured
or imported aerosol duster products
during the base period for the
manufacturer or importer.
(B) Base period. The base period for
aerosol duster products is the average
monthly manufacture or import volume
for any month within the last 13 months
immediately preceding the month of
publication of the final rule.
(iii) Findings—
(A) General. To issue a rule under
section 2(q)(1) of the FHSA, 15 U.S.C.
1261(q)(1), classifying a substance or
article as a banned hazardous substance,
the Commission must make certain
findings and include them in the
regulation. These findings are discussed
in paragraphs (a)(14)(iii)(B) through (D)
of this section.
(B) Voluntary standard. No voluntary
standard currently exists to address the
potential for death and injury posed by
inhalant abuse of aerosol duster
products containing HFC–152a or HFC–
134a. The Commission finds that there
is no evidence that a voluntary standard
will be adopted and implemented
within a reasonable period of time that
would eliminate or adequately reduce
the risk of injury regarding the potential
for death and injury posed by the
intentional inhalant abuse of aerosol
duster products.
(C) Relationship of benefits to costs.
The Commission estimates that the ban
will be effective in reducing the
potential for injury and death from
compliant aerosol duster products.
When benefits are compared to costs,
the estimated benefits of the rule are
greater than the estimated costs. Net
benefits (benefits less costs) are
estimated to be $1.93 billion on an
annualized basis. Staff performed a 30year prospective cost analysis (2026–
2055) on all cost categories and
estimated the total annualized cost from
the proposed rule to be $123.73 million.
Staff estimated the total annualized
benefits from the proposed to be $2.05
billion, discounted at 2 percent.
(D) Least burdensome requirement.
The Commission considered the
following alternatives: require a
performance requirement for aerosol
duster products preventing inhalation of
their propellant; require aversive agents
(bitterants); require warning labels; and
take no action and rely on a voluntary
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16:22 Jul 30, 2024
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standard. The Commission finds none of
the alternatives considered would
adequately reduce the risk of death or
injury. Therefore, the Commission finds
that a ban on any aerosol duster product
containing more than 18 mg in any
combination of 1,1-difluoroethane
(HFC–152a, CAS #75–37–6) and/or
1,1,1,2-tetrafluoroethane (HFC–134a,
CAS #811–97–2) is the least
burdensome requirement that would
prevent or adequately reduce the risk of
death or injury.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2024–16716 Filed 7–30–24; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0221]
RIN 1625–AA09
Drawbridge Operation Regulation;
Rancocas Creek, Burlington County,
NJ
Coast Guard, DHS.
Supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the US Route 543 (RiversideDelanco) Bridge across Rancocas Creek,
mile 1.3, at Burlington County, NJ. The
proposed rule allows the drawbridge to
change its operating schedule to reduce
the number of bridge openings during
off-peak hours. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
August 30, 2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0221 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
supplemental proposed rule, call or
email Mr. Hal R. Pitts, Fifth Coast Guard
SUMMARY:
PO 00000
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61381
District Chief Bridge Branch (dpb);
telephone 571–607–8298, email
Hal.R.Pitts@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed
rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
On May 23, 2022, we published a Test
Deviation entitled Drawbridge
Operation Regulation; Rancocas Creek,
Burlington County, NJ, in the Federal
Register (87 FR 31182). Having received
no comments from the Test Deviation,
we published an NPRM on April 24,
2023, in the Federal Register (88 FR
24739). We received no comments on
the proposed rule.
The US Route 543 (Riverside-Delanco)
Bridge across Rancocas Creek, mile 1.3,
at Burlington County, NJ, and has a
vertical clearance of 4 feet above mean
high water in the closed-to-navigation
position. The bridge currently operates
under 33 CFR 117.745(b).
The Rancocas Creek is used
predominately by recreational vessels
and pleasure crafts. The bridge is
currently required to open on signal
from 7 a.m. to 11 p.m. from April 1
through October 31 and with 24-hour
advance notice from November 1
through March 31. The bridge is
allowed to remain closed to navigation
at all other times.
The three-year, monthly average
number of bridge openings from 7 a.m.
to 3 p.m., Monday through Friday, 7
a.m. to 1 p.m., Saturday and Sunday,
and from 8 p.m. to 11 p.m., daily, as
drawn from the data contained in the
bridge tender logs, is presented below.
April to October
(2018, 2019 and 2020)
Monday–Friday, 7 a.m. to 3 p.m ..
Saturday & Sunday, 7 a.m. to 1
p.m ............................................
Daily, 8 p.m. to 11 p.m .................
Average
monthly
openings
4
2
7
III. Discussion of Comments and
Change
As mentioned above, we received no
comments from either the Test
Deviation or the NPRM, however we
noticed that we had not properly
conveyed the new operating schedule of
the bridge during the months from April
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61382
Federal Register / Vol. 89, No. 147 / Wednesday, July 31, 2024 / Proposed Rules
1 to October 31. Explanation of the
change is provided in the below section.
IV. Discussion of Proposed Rule
In the NPRM we proposed to modify
the drawbridge operating schedule to
open on signal from 3 p.m. to 8 p.m.,
Monday through Friday, and from
1.p.m. to 8 p.m., Saturday and Sunday,
from April 16 through October 15.
However, the dates did not coincide
with the regulation in 33 CFR
117.745(b)(2). The dates that were
proposed in the NPRM left a gap of 15
days from March 31 to April 16 and
another 15 day gap from October 15 to
November 1. During those two 15 day
periods, the bridge would fall under the
operating requirements of 33 CFR 117.5
requiring the bridge to open on demand
at all times. This was an oversight and
was not our intention. Given the error
on the dates proposed in the NPRM and
the length of time from the publication
of the NPRM, we are publishing this
supplemental notice with request for
comment regarding the new proposed
dates.
In this SNPRM, we propose to modify
the drawbridge operating schedule to
open on signal from 3 p.m. to 8 p.m.,
Monday through Friday, and from 1
p.m. to 8 p.m., Saturday and Sunday,
from April 1 through October 31. We are
also adding clarifying language to both
paragraphs (b)(1) and (2) that the bridge
need not open for the passage of vessels
at all other times during the dates in
those paragraphs, except as provided in
33 CFR 117.745(a)(1).
lotter on DSK11XQN23PROD with PROPOSALS1
V. 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 SNPRM 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 given during the
appropriate time and proper notice.
Notice.
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16:22 Jul 30, 2024
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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 V.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 rulemaking 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 rulemaking 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
rulemaking 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
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 proposed rule under that Order and
PO 00000
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Fmt 4702
Sfmt 4702
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 rulemaking
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 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
rulemaking. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
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Federal Register / Vol. 89, No. 147 / Wednesday, July 31, 2024 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
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.
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–2022–0221 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.
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 proposes to
amend 33 CFR part 117 as follows:
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16:22 Jul 30, 2024
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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. Amend § 117.745 by revising
paragraph (b) to read as follows:
■
§ 117.745
Rancocas Creek
*
*
*
*
*
(b) The drawspan for the RiversideDelanco/SR#543 Drawbridge, mile 1.3,
at Riverside must operate as follows:
(1) From April 1 through October 31
open on signal from 3 p.m. to 8 p.m.,
Monday through Friday, and from 1
p.m. to 8 p.m., Saturday and Sunday.
The bridge need not open for the
passage of vessels at all other times
during those dates, except as provided
in paragraph (a)(1) of this section.
(2) From November 1 through March
31 from 7 a.m. to 11 p.m., open on
signal if at least 24 hours’ notice is given
and need not open for the passage of
vessels at all other times during those
dates, except as provided in paragraph
(a)(1) of this section.
*
*
*
*
*
Dated: July 25, 2024.
J.C. Vann,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2024–16824 Filed 7–30–24; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket Number USCG–2024–0111]
Heavy Weather and Disaster Risk
Management; Los Angeles-Long
Beach Captain of the Port Zone
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of inquiry; request
for comments; notice of meeting.
AGENCY:
We are requesting your
comments on establishing port
conditions and heavy weather safety
zones throughout the Los Angeles-Long
Beach Captain of the Port Zone. Safety
zones and port conditions would
establish safe practices in the event
natural or manmade disasters affect
navigable waterways. We seek your
comments on which weather or disaster
parameters would necessitate changing
SUMMARY:
Frm 00026
Fmt 4702
port conditions or establishing safety
zones based on individual harbors
throughout the Los Angeles-Long Beach
Captain of the Port Zone (COTP Zone)
from San Clemente to Morro Bay. We
also plan to host a public meeting on
August 12, 2024.
DATES: Your comments and related
material must reach the Coast Guard on
or before August 31, 2024.
A public meeting will be held 10 a.m.
August 12, 2024. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further details.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0111 using the Federal portal at
https://www.regulations.gov. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
The public meeting will be held
virtually. Please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section for call-in information.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of inquiry or about the
virtual meeting call-in information, call
or email LCDR Kevin Kinsella,
Waterways Management, U.S. Coast
Guard Sector Los Angeles-Long Beach;
telephone (310) 357–1603, email D11SMB-SectorLALB-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
U.S.C. United States Code
II. Background and Purpose
33 CFR Part 165
PO 00000
61383
Sfmt 4702
Southern California has the potential
to be affected by hurricanes, tropical
storms, and other natural disasters on a
yearly basis, especially between the
months of June and November. The
Captain of the Port (COTP) Los AngelesLong Beach proposes establishing safety
zones to provide for the safety of life
during and after such storms. In August
of 2023, heavy weather from Tropical
Storm Hilary was expected to make
landfall along the coast of the Los
Angeles-Long Beach COTP Zone
producing 35 or higher knot winds. At
the time there were no established
heavy weather procedures for the COTP
Zone and the COTP implemented
necessary measures derived from other
related plans and procedures.
The purpose of this notification of
inquiry is to solicit public input to help
the Coast Guard prepare to protect
E:\FR\FM\31JYP1.SGM
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Agencies
[Federal Register Volume 89, Number 147 (Wednesday, July 31, 2024)]
[Proposed Rules]
[Pages 61381-61383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16824]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0221]
RIN 1625-AA09
Drawbridge Operation Regulation; Rancocas Creek, Burlington
County, NJ
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the US Route 543 (Riverside-Delanco) Bridge across Rancocas
Creek, mile 1.3, at Burlington County, NJ. The proposed rule allows the
drawbridge to change its operating schedule to reduce the number of
bridge openings during off-peak hours. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before August 30, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0221 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
supplemental proposed rule, call or email Mr. Hal R. Pitts, Fifth Coast
Guard District Chief Bridge Branch (dpb); telephone 571-607-8298, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
On May 23, 2022, we published a Test Deviation entitled Drawbridge
Operation Regulation; Rancocas Creek, Burlington County, NJ, in the
Federal Register (87 FR 31182). Having received no comments from the
Test Deviation, we published an NPRM on April 24, 2023, in the Federal
Register (88 FR 24739). We received no comments on the proposed rule.
The US Route 543 (Riverside-Delanco) Bridge across Rancocas Creek,
mile 1.3, at Burlington County, NJ, and has a vertical clearance of 4
feet above mean high water in the closed-to-navigation position. The
bridge currently operates under 33 CFR 117.745(b).
The Rancocas Creek is used predominately by recreational vessels
and pleasure crafts. The bridge is currently required to open on signal
from 7 a.m. to 11 p.m. from April 1 through October 31 and with 24-hour
advance notice from November 1 through March 31. The bridge is allowed
to remain closed to navigation at all other times.
The three-year, monthly average number of bridge openings from 7
a.m. to 3 p.m., Monday through Friday, 7 a.m. to 1 p.m., Saturday and
Sunday, and from 8 p.m. to 11 p.m., daily, as drawn from the data
contained in the bridge tender logs, is presented below.
------------------------------------------------------------------------
Average
April to October (2018, 2019 and 2020) monthly
openings
------------------------------------------------------------------------
Monday-Friday, 7 a.m. to 3 p.m............................... 4
Saturday & Sunday, 7 a.m. to 1 p.m........................... 2
Daily, 8 p.m. to 11 p.m...................................... 7
------------------------------------------------------------------------
III. Discussion of Comments and Change
As mentioned above, we received no comments from either the Test
Deviation or the NPRM, however we noticed that we had not properly
conveyed the new operating schedule of the bridge during the months
from April
[[Page 61382]]
1 to October 31. Explanation of the change is provided in the below
section.
IV. Discussion of Proposed Rule
In the NPRM we proposed to modify the drawbridge operating schedule
to open on signal from 3 p.m. to 8 p.m., Monday through Friday, and
from 1.p.m. to 8 p.m., Saturday and Sunday, from April 16 through
October 15. However, the dates did not coincide with the regulation in
33 CFR 117.745(b)(2). The dates that were proposed in the NPRM left a
gap of 15 days from March 31 to April 16 and another 15 day gap from
October 15 to November 1. During those two 15 day periods, the bridge
would fall under the operating requirements of 33 CFR 117.5 requiring
the bridge to open on demand at all times. This was an oversight and
was not our intention. Given the error on the dates proposed in the
NPRM and the length of time from the publication of the NPRM, we are
publishing this supplemental notice with request for comment regarding
the new proposed dates.
In this SNPRM, we propose to modify the drawbridge operating
schedule to open on signal from 3 p.m. to 8 p.m., Monday through
Friday, and from 1 p.m. to 8 p.m., Saturday and Sunday, from April 1
through October 31. We are also adding clarifying language to both
paragraphs (b)(1) and (2) that the bridge need not open for the passage
of vessels at all other times during the dates in those paragraphs,
except as provided in 33 CFR 117.745(a)(1).
V. 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 SNPRM 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 given during the appropriate time
and proper notice. Notice.
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 V.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 rulemaking 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 rulemaking 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 rulemaking 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 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 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 rulemaking 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 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 rulemaking. We seek any comments
or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
[[Page 61383]]
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.
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-2022-0221 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.
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 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. Amend Sec. 117.745 by revising paragraph (b) to read as follows:
Sec. 117.745 Rancocas Creek
* * * * *
(b) The drawspan for the Riverside-Delanco/SR#543 Drawbridge, mile
1.3, at Riverside must operate as follows:
(1) From April 1 through October 31 open on signal from 3 p.m. to 8
p.m., Monday through Friday, and from 1 p.m. to 8 p.m., Saturday and
Sunday. The bridge need not open for the passage of vessels at all
other times during those dates, except as provided in paragraph (a)(1)
of this section.
(2) From November 1 through March 31 from 7 a.m. to 11 p.m., open
on signal if at least 24 hours' notice is given and need not open for
the passage of vessels at all other times during those dates, except as
provided in paragraph (a)(1) of this section.
* * * * *
Dated: July 25, 2024.
J.C. Vann,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2024-16824 Filed 7-30-24; 8:45 am]
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