[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15290-15291]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06109]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0070]
RIN 1625-AA09
Drawbridge Operation Regulation; Elizabeth River, Elizabeth, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulations for five bridges across the Elizabeth River. These bridges
were either removed in their entirety or replaced with a fixed bridge,
making the operating regulations no longer necessary.
DATES: This rule is effective March 28, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0070 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. Jeffrey Stieb, Project Officer, First Coast Guard
District Bridge Program, telephone 617-223-8364, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
FR Federal Register
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 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 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 an NPRM with respect to this rule
because the New Jersey Transit Rail Operations railroad bridge, mile
0.7, the Baltic Street bridge, mile 0.9, the Summer Street bridge, mile
1.3, the South Street bridge, mile 1.8, and the Bridge Street bridge,
mile 2.1 at the Elizabeth River that once required draw operations in
33 CFR 117.718(b), have been removed in their entirety or converted to
a fixed bridge. Therefore, the regulation is no longer necessary or
applicable and shall be removed from publication. It is unnecessary to
publish an NPRM because this regulatory action does not purport to
place any restrictions on mariners but rather removes restrictions that
have no further use or value.
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 FR. This rule merely requires an administrative
change to the CFR in order to omit a regulatory requirement that is no
longer applicable or necessary. The modifications have already taken
place and the removal of the regulation will not affect mariners
currently operating on this waterway. Therefore, a delayed effective
date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The New Jersey Transit Rail Operations railroad bridge, mile 0.7,
the Baltic Street bridge, mile 0.9, the Summer Street bridge, mile 1.3,
the South Street bridge, mile 1.8, and the Bridge Street bridge, mile
2.1, at the Elizabeth River that once required draw operations in 33
CFR 117.718(b) were removed in their entirety or converted to fixed
bridges over thirty years ago. It has come to the attention of the
Coast Guard that the governing regulation for these drawbridges was
never removed subsequent to the removal of the drawbridge or conversion
to a fixed bridge. The elimination of these drawbridges necessitates
the removal of the drawbridge operation regulation in 33 CFR 117.718(b)
that pertains to these former drawbridges.
The purpose of this rule is to remove 33 CFR 117.718(b), which
refers to these bridges, from the CFR since the bridges are no longer
able to be opened.
IV. Discussion of Final Rule
The Coast Guard is changing the regulation in 33 CFR 117.718 by
removing restrictions related to the draw operations for bridges that
are no longer drawbridges. The change removes paragraph (b) of the
regulation governing these bridges. This change does not affect nor
does it alter the operating schedule that is currently designated
paragraph (a), which governs the remaining drawbridge on the Elizabeth
River.
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.
[[Page 15291]]
This regulatory action determination is based on the fact that
these bridges either no longer exist or no longer operate as a
drawbridge. The removal of the operating schedule from 33 CFR part 117,
subpart B, will have no effect on the movement of waterway or land
traffic.
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.
For the reasons stated in section IV.A above this final rule would
not have a significant economic impact on any vessel owner or operator.
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 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 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; and Department of
Homeland Security Delegation No. 0170.1.
Sec. 117.718 [Amended]
0
2. In Sec. 117.718, remove paragraph (b) and redesignate paragraph (a)
as an undesignated paragraph.
Dated: March 10, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-06109 Filed 3-27-17; 8:45 am]
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