[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Rules and Regulations]
[Pages 8841-8843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03789]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0058]
RIN 1625-AA09
Drawbridge Operation Regulation; Acushnet River, New Bedford and
Fairhaven, MA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is making a correction to the operating
schedule that governs the New Bedford-Fairhaven Rt-6 Bridge, mile 0.0,
across the Acushnet River, between New Bedford and Fairhaven, MA. On
July 1, 2013, a technical amendment was published that updated the name
of the bridge, however, the requested correction was drafted
incorrectly and three subparagraphs were inadvertently removed from the
section.
DATES: This rule is effective February 23, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type [USCG-
2016-0058]. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Christopher J. Bisignano, Supervisory Bridge
Management Specialist, First Coast Guard District, Coast Guard;
telephone (212) 514-4331 or 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
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
Each year on July 1, the printed edition of Title 33 of the Code of
Federal Regulations (CFR) is recodified. On July 1, 2013, the Coast
Guard published a Final Rule entitled, ``Navigation and Navigable
Waters; Technical, Organizational, and Conforming Amendments'' in the
Federal Register (78 FR 39163). This 2013 rule made technical and
editorial corrections throughout Title 33 but did not create any
substantive requirements. In this rule the Coast Guard requested that
the term ``drawspan'' be replaced with the actual name of the bridge
(New Bedford-Fairhaven Rt-6 Bridge) in 33 CFR 117.585(a). However,
misinterpretation of the asterisks in the regulatory text, which were
used to denote that all paragraphs and subordinate paragraphs after
paragraph (a) in Sec. 117.585 were to remain unchanged, caused the
subparagraphs (1) through (3) to be removed.
The Coast Guard is issuing this final 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
[[Page 8842]]
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 the publishing of the Final Rule entitled,
``Navigation and Navigable Waters; Technical, Organizational, and
Conforming Amendments,'' in the Federal Register (78 FR 39163) on July
1, 2013, inadvertently removed established regulatory language. The
three subparagraphs under 33 CFR 117.585(a) were inadvertently removed
from the CFR. Therefore, it is unnecessary to issue a rule without
prior notice and opportunity to comment.
We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective in less
than 30 days after publication in the Federal Register for the same
reasons as stated above.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The purpose of this rule is to correct an error that occurred in
the publication of the Final Rule on July 1, 2013, entitled,
``Navigation and Navigable Waters; Technical, Organizational, and
Conforming Amendments,'' in the Federal Register (78 FR 39163). The use
of the asterisks in the regulatory text were misinterpreted causing
subparagraphs (1) through (3) to be inadvertently removed from 33 CFR
117.585(a).
The New Bedford-Fairhaven Rt-6 Bridge remains an active bridge and
subparagraph's (1) through (3) contain the actual operating schedule
for the bridge. The bridge continues to operate under that schedule and
the subparagraphs need to be reinserted into 33 CFR 117.585(a) to
inform the public of the legal operating schedule of the bridge.
IV. Discussion of Final Rule
This rule will correct 33 CFR 117.585(a) by restoring subparagraphs
(1) through (3) which contain the actual operating schedule for the New
Bedford-Fairhaven Rt-6 Bridge. As paragraph (a) is currently codified
in the rule, there is only the introductory language. This language by
itself does not explain to the public the operating schedule for the
bridge. The intention of this rule is to restore the operating language
to 33 CFR 117.585(a) as it appeared immediately prior to the July 1,
2013, codification of 33 CFR.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
The Coast Guard does not consider this rule to be ``significant''
under that Order because it corrects inadvertently omitted language
that is consistent with the current operation of the bridge. Therefore,
this rule does not affect the way vessels operate on the waterway near
and through the bridge.
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
will 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 will not have a significant economic impact on any
vessel owner or operator. While the operating schedule was
inadvertently removed from the rule, the bridge continues to operate as
it had prior to the removal of the operating schedule in the CFR.
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,
above. Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 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 does 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 expenditure, we
[[Page 8843]]
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 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.585(a) to read as follows:
Sec. 117.585 Acushnet River.
(a) The New Bedford-Fairhaven RT-6 Bridge, mile 0.0 will be opened
promptly, provided proper signal is given, on the following schedule:
(1) On the hour between 6 a.m. and 10 a.m. inclusive.
(2) At a quarter past the hour between 11:15 a.m. and 6:15 p.m.
inclusive.
(3) At all other times on call.
* * * * *
Dated: February 8, 2016.
L.L. Fagan,
Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-03789 Filed 2-22-16; 8:45 am]
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