80 FR 17324 - Drawbridge Operation Regulation; Ontonagon River, Ontonagon, MI
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 62 (April 1, 2015)
Coast Guard
Federal Register Volume 80, Issue 62 (April 1, 2015)
| Page Range | 17324-17326 | |
| FR Document | 2015-07318 |
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)] [Rules and Regulations] [Pages 17324-17326] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07318] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0082] RIN 1625-AA09 Drawbridge Operation Regulation; Ontonagon River, Ontonagon, MI AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- [[Page 17325]] SUMMARY: The Coast Guard is removing the existing drawbridge operation regulation for the S64 drawbridge across Ontonagon River, mile 0.2, at Ontonagon, Ontonagon County, Michigan. The drawbridge was replaced with a fixed bridge in 2006 and the operating regulation is no longer applicable or necessary. DATES: This rule is effective April 1, 2015. ADDRESSES: The docket for this final rule, [USCG-2015-0082] is available at http://www.regulations.gov. Type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this final rule. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone (216) 902-6085, email lee.d.soule@uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826. SUPPLEMENTARY INFORMATION: A. Regulatory History and Information 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 a notice of proposed rulemaking (NPRM) with respect to this rule because the S64 drawbridge, that once required draw operations in 33 CFR 117.639, was replaced with a fixed bridge in 2006. Therefore, the regulation is no longer 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 a restriction that has 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 Federal Register. The bridge has been a fixed bridge for 9 years and this rule merely requires an administrative change to the Federal Register, in order to omit a regulatory requirement that is no longer applicable or necessary. The modification has 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. B. Basis and Purpose The S64 drawbridge across the Ontonagon River, mile 0.2, was removed and replaced with a fixed bridge in 2006. It has come to the attention of the Coast Guard that the governing regulation for this drawbridge was never removed subsequent to the removal of the drawbridge and completion of the fixed bridge that replaced it. The elimination of this drawbridge necessitates the removal of the drawbridge operation regulation, 33 CFR 117.639,that pertained to the former drawbridge. The purpose of this rule is to remove 33 CFR 117.639 from the Code of Federal Regulations (CFR) since it governs a bridge that is no longer able to be opened. C. Discussion of Rule The Coast Guard is changing the regulation in 33 CFR 117.639 by removing restrictions and the regulatory burden related to the draw operations for this bridge that is no longer a drawbridge. The change removes the regulation governing the S64 drawbridge since the bridge has been replaced with a fixed bridge. This Final Rule seeks to update the CFR by removing language that governs the operation of the S64 drawbridge, which in fact is no longer a drawbridge. This change does not affect waterway or land traffic. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The Coast Guard does not consider this rule to be ``significant'' under that Order because it is an administrative change and does not affect the way vessels operate on the waterway. 2. 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. This rule will have no effect on small entities since this drawbridge has been replaced with a fixed bridge and the regulation governing draw operations for this bridge is no longer applicable. There is no new restriction or regulation being imposed by this rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities 3. 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). 4. Federalism 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 does not have implications for federalism. 5. 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. [[Page 17326]] 6. 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. 7. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 8. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 9. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. 10. Indian Tribal Governments 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. 11. Energy Effects This action is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 12. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 13. 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 concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves removing drawbridge operating regulations. This rule is categorically excluded, 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. 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. Sec. 117.639 [Removed] 0 2. Remove Sec. 117.639. Dated: March 19, 2015. F. M. Midgette, Rear Admiral, U. S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2015-07318 Filed 3-31-15; 8:45 am] BILLING CODE 9110-04-P
![17324 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations
group’s limitations period to May 30 of Year examination, appeal, or settlement where a ■ 2. Paragraph (b)(1) is amended by
7 (by operation of sections 6213(a) and member of the consolidated group is a removing the language ‘‘(or substitute
6503(a)) have the derivative effect of partner of a partnership subject to the agent designated under § 1.1502–77(d)
extending the period of limitations on provisions of the Code. (i) Facts. P is the
for the carryback year)’’ and adding ‘‘(or
assessment of U’s transferee liability to May common parent and agent for the P
30 of Year 8. By operation of section 6901(f), consolidated group consisting of P and its the agent determined under § 1.1502–
the issuance of the notice of transferee two subsidiaries, S and S–1. The P group has 77(c) or § 1.1502–77B(d) for the
liability to U and the expiration of the 90-day a November 30 fiscal year end, and P files carryback year)’’ in its place.
period for filing a petition in the Tax Court consolidated returns for the P group for the ■ 3. Paragraph (c) is amended by
have the effect of further extending the years ending November 30, Year 1 and removing each occurrence of the
limitations period on assessment of U’s November 30, Year 2. S–1 is a partner in the language ‘‘1966’’ and adding ‘‘2003’’ in
liability as a transferee by 150 days, from PRS partnership, which is subject to the
May 30 of Year 8 to October 27 of Year 8. its place; removing the language ‘‘1967’’
provisions of sections 6221 through 6234.
Accordingly, the Commissioner may send a PRS has a calendar year end and A, an and adding ‘‘2004’’ in its place;
notice of transferee liability to U at any time individual, is the tax matters partner of the removing each occurrence of the
on or before May 30 of Year 8 and assess the PRS partnership. PRS files a partnership language ‘‘1968’’ and adding ‘‘2005’’ in
unpaid liability against U at any time on or return for the year ending December 31, Year its place; and removing each occurrence
before October 27 of Year 8. The result would 1. The Commissioner, on January 10, Year 4, of the language ‘‘1969’’ and adding
be the same even if S–1 ceased to exist before in the course of an examination of the PRS ‘‘2006’’ in its place.
March 1 of Year 5, the date P executed the partnership for the year ending December 31,
waiver. Year 1, seeks to obtain information in the PART 602—OMB CONTROL NUMBERS
Example 14. Consent to extend the statute course of that examination to resolve the UNDER THE PAPERWORK
of limitations for a partnership where a audit.
member of the consolidated group is a REDUCTION ACT
(ii) Analysis. Because the direct contact
partner of such partnership subject to the with a subsidiary member of a consolidated
provisions of the Code and the tax matters ■ Par. 7. The authority citation for part
group that is a partner in a partnership
partner is not a member of the group. (i) 602 continues to read as follows:
subject to the provisions under sections 6221
Facts. P is the common parent and agent for through 6234 may facilitate the conduct of an Authority: 26 U.S.C. 7805.
the P consolidated group consisting of P and examination, appeal, or settlement, the ■ Par. 8. In § 602.101, revise paragraph
its two subsidiaries, S and S–1. The P group Commissioner, under paragraph (f)(2)(iii) of
has a November 30 fiscal year end and P files (b) by adding an entry in numerical
this section, may communicate directly with
consolidated returns for the P group for the order to the table to read as follows:
either S–1, P, or A regarding the PRS
years ending November 30, Year 1 and partnership without breaking agency § 602.101 OMB Control numbers.
November 30, Year 2. S–1 is a partner in the pursuant to paragraph (f)(2)(i) of this section.
PRS partnership, which is subject to the However, if the Commissioner were instead * * * * *
provisions of sections 6221 through 6234. seeking to execute a settlement agreement (b) * * *
PRS has a calendar year end and A, an with respect to S–1 as a partner with respect
individual, is the tax matters partner of the to its liability as a partner in PRS CFR part or section where Current OMB
PRS partnership. PRS files a partnership partnership, P would need to execute such identified and described control No.
return for the year ending December 31, Year settlement agreement for all members of the
1. On January 10, Year 5, A, as the tax group including the partner subsidiary.
matters partner for the PRS partnership, * * * * *
executes a consent to extend the period for (h) Cross-reference. For further rules 1.1502–77B .......................... 1545–1699
assessment of partnership items of PRS for all applicable to groups that include
partners, and the Commissioner co-executes insolvent financial institutions, see * * * * *
the consent on the same day for the year § 301.6402–7 of this chapter.
ending December 31, Year 1. (i) [Reserved] John Dalrymple,
(ii) Analysis. A’s consent to extend the (j) Effective/applicability date—(1) In Deputy Commissioner for Services and
statute of limitations for the partnership general. The rules of this section apply Enforcement.
items of PRS partnership for the year ending to consolidated return years beginning
December 31, Year 1, extends the statute of Approved: February 23, 2015.
limitations with respect to the partnership
on or after April 1, 2015. For prior years Mark D. Mazur,
items for all members of the P group, beginning before June 28, 2002, see
Assistant Secretary of the Treasury (Tax
including P, S, and S–1 for the consolidated § 1.1502–77A. For prior years beginning Policy).
return year ending November 30, Year 2. This on or after June 28, 2002, and before
[FR Doc. 2015–07182 Filed 3–31–15; 8:45 am]
is because S–1 is a partner in the PRS April 1, 2015, see § 1.1502–77B.
BILLING CODE 4830–01–P
partnership for which A, the tax matters (2) Application of this section to prior
partner for the PRS partnership, consents, years. Notwithstanding paragraph (j)(1)
pursuant to section 6229(b)(1)(B), to extend of this section, an agent may apply the
the statute of limitations for the year ending rules of paragraph (c)(7) of this section DEPARTMENT OF HOMELAND
December 31, Year 1. However, under SECURITY
to resign as agent for a completed year
paragraph (f)(2)(iii) of this section, such
agreement with respect to the statute of that began before April 1, 2015.
Coast Guard
limitations for the PRS partnership for the § 1.1502–78 [Amended]
year ending December 31, Year 1 does not
obviate the need to obtain a consent from P, ■ Par. 6. Section 1.1502–78 is amended 33 CFR Part 117
the agent for the P consolidated group, to as follows: [Docket No. USCG–2015–0082]
extend the statute of limitations for the P ■ 1. Paragraph (a) is amended by
consolidated group for the P group’s removing every occurrence of the RIN 1625–AA09
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consolidated return years ending November
language ‘‘(or substitute agent
30, Year 1 and November 30, Year 2 Drawbridge Operation Regulation;
regarding any items other than partnership designated under § 1.1502–77(d) for the
carryback year)’’ and adding ‘‘(or the Ontonagon River, Ontonagon, MI
items or affected items of the PRS
partnership. agent determined under § 1.1502–77(c) AGENCY: Coast Guard, DHS.
Example 15. Contacting subsidiary member or § 1.1502–77B(d) for the carryback ACTION: Final rule.
in order to facilitate the conduct of an year)’’ in its place.
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![Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations 17325
SUMMARY: The Coast Guard is removing days after publication in the Federal section 1 of Executive Order 13563. The
the existing drawbridge operation Register. The bridge has been a fixed Office of Management and Budget has
regulation for the S64 drawbridge across bridge for 9 years and this rule merely not reviewed it under those Orders.
Ontonagon River, mile 0.2, at requires an administrative change to the The Coast Guard does not consider
Ontonagon, Ontonagon County, Federal Register, in order to omit a this rule to be ‘‘significant’’ under that
Michigan. The drawbridge was replaced regulatory requirement that is no longer Order because it is an administrative
with a fixed bridge in 2006 and the applicable or necessary. The change and does not affect the way
operating regulation is no longer modification has already taken place vessels operate on the waterway.
applicable or necessary. and the removal of the regulation will
DATES: This rule is effective April 1, not affect mariners currently operating 2. Impact on Small Entities
2015. on this waterway. Therefore, a delayed
effective date is unnecessary. The Regulatory Flexibility Act of 1980
ADDRESSES: The docket for this final (RFA), 5 U.S.C. 601–612, as amended,
rule, [USCG–2015–0082] is available at B. Basis and Purpose requires federal agencies to consider the
http://www.regulations.gov. Type the potential impact of regulations on small
The S64 drawbridge across the
docket number in the ‘‘SEARCH’’ box entities during rulemaking. The term
Ontonagon River, mile 0.2, was removed
and click ‘‘SEARCH.’’ Click on Open ‘‘small entities’’ comprises small
and replaced with a fixed bridge in
Docket Folder on the line associated businesses, not-for-profit organizations
2006. It has come to the attention of the
with this final rule. You may also visit
Coast Guard that the governing that are independently owned and
the Docket Management Facility in
regulation for this drawbridge was never operated and are not dominant in their
Room W12–140 on the ground floor of
removed subsequent to the removal of fields, and governmental jurisdictions
the Department of Transportation West
the drawbridge and completion of the with populations of less than 50,000.
Building, 1200 New Jersey Avenue SE.,
fixed bridge that replaced it. The The Coast Guard certifies under 5 U.S.C.
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday, elimination of this drawbridge 605(b) that this rule will not have a
except Federal holidays. necessitates the removal of the significant economic impact on a
drawbridge operation regulation, 33 substantial number of small entities.
FOR FURTHER INFORMATION CONTACT: If
CFR 117.639,that pertained to the This rule will have no effect on small
you have questions on this rule, call or
former drawbridge. entities since this drawbridge has been
email Mr. Lee Soule, Bridge The purpose of this rule is to remove
Management Specialist, Ninth Coast replaced with a fixed bridge and the
33 CFR 117.639 from the Code of regulation governing draw operations
Guard District; telephone (216) 902– Federal Regulations (CFR) since it
6085, email lee.d.soule@uscg.mil. If you for this bridge is no longer applicable.
governs a bridge that is no longer able There is no new restriction or regulation
have questions on viewing the docket, to be opened.
call Cheryl Collins, Program Manager, being imposed by this rule; therefore,
Docket Operations, telephone 202–366– C. Discussion of Rule the Coast Guard certifies under 5 U.S.C.
9826. The Coast Guard is changing the 605(b) that this final rule will not have
SUPPLEMENTARY INFORMATION: regulation in 33 CFR 117.639 by a significant economic impact on a
removing restrictions and the regulatory substantial number of small entities
A. Regulatory History and Information
burden related to the draw operations 3. Collection of Information
The Coast Guard is issuing this final for this bridge that is no longer a
rule without prior notice and drawbridge. The change removes the This rule calls for no new collection
opportunity to comment pursuant to regulation governing the S64 of information under the Paperwork
authority under section 4(a) of the drawbridge since the bridge has been Reduction Act of 1995 (44 U.S.C. 3501–
Administrative Procedure Act (APA) (5 replaced with a fixed bridge. This Final 3520).
U.S.C. 553(b)). This provision Rule seeks to update the CFR by
authorizes an agency to issue a rule removing language that governs the 4. Federalism
without prior notice and opportunity to operation of the S64 drawbridge, which
comment when the agency for good A rule has implications for federalism
in fact is no longer a drawbridge. This under Executive Order 13132,
cause finds that those procedures are change does not affect waterway or land
‘‘impracticable, unnecessary, or contrary Federalism, if it has a substantial direct
traffic. effect on the States, on the relationship
to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good D. Regulatory Analyses between the national government and
cause exists for not publishing a notice the States, or on the distribution of
We developed this rule after
of proposed rulemaking (NPRM) with power and responsibilities among the
considering numerous statutes and
respect to this rule because the S64 various levels of government. We have
executive orders related to rulemaking.
drawbridge, that once required draw analyzed this rule under that Order and
Below we summarize our analyses
operations in 33 CFR 117.639, was have determined that it does not have
based on these statutes or executive
replaced with a fixed bridge in 2006. implications for federalism.
orders.
Therefore, the regulation is no longer 5. Protest Activities
applicable and shall be removed from 1. Regulatory Planning and Review
publication. It is unnecessary to publish This rule is not a significant The Coast Guard respects the First
an NPRM because this regulatory action regulatory action under section 3(f) of Amendment rights of protesters.
Executive Order 12866, Regulatory Protesters are asked to contact the
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does not purport to place any
restrictions on mariners but rather Planning and Review, as supplemented person listed in the FOR FURTHER
removes a restriction that has no further by Executive Order 13563, Improving INFORMATION CONTACT section to
use or value. Regulation and Regulatory Review, and coordinate protest activities so that your
Under 5 U.S.C. 553(d)(3), the Coast does not require an assessment of message can be received without
Guard finds that good cause exists for potential costs and benefits under jeopardizing the safety or security of
making this rule effective in less than 30 section 6(a)(3) of Order 12866 or under people, places or vessels.
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![17326 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations
6. Unfunded Mandates Reform Act Management Directive 023–01 and amendments regarding AIS. In that rule
The Unfunded Mandates Reform Act Commandant Instruction M16475.lD, there is an error in the definition of
of 1995 (2 U.S.C. 1531–1538) requires which guides the Coast Guard in Vessel Traffic Service (VTS) User and
Federal agencies to assess the effects of complying with the National one in the AIS applicability regulation.
their discretionary regulatory actions. In Environmental Policy Act of 1969 This rule corrects those errors.
particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and DATES: This rule is effective April 1,
that may result in the expenditure by a have concluded that this action is one 2015.
State, local, or tribal government, in the of a category of actions that do not
FOR FURTHER INFORMATION CONTACT: If
aggregate, or by the private sector of individually or cumulatively have a
you have questions on this rule, call or
$100,000,000 (adjusted for inflation) or significant effect on the human
email call or email Mr. Jorge Arroyo,
more in any one year. Though this rule environment. This rule involves
Office of Navigation Systems (CG–NAV–
will not result in such an expenditure, removing drawbridge operating
2), Coast Guard; telephone 202–372–
we do discuss the effects of this rule regulations. This rule is categorically
1563, email Jorge.Arroyo@uscg.mil. If
elsewhere in this preamble. excluded, under figure 2–1, paragraph
you have questions on viewing or
(32)(e), of the Instruction.
7. Taking of Private Property submitting material to the docket, call
Under figure 2–1, paragraph (32)(e), of
Ms. Cheryl Collins, Program Manager,
This rule will not cause a taking of the Instruction, an environmental
Docket Operations, telephone 202–366–
private property or otherwise have analysis checklist and a categorical
9826.
taking implications under Executive exclusion determination are not
required for this rule. SUPPLEMENTARY INFORMATION:
Order 12630, Governmental Actions and
Interference with Constitutionally List of Subjects in 33 CFR Part 117 Viewing Documents Associated With
Protected Property Rights. This Rule
Bridges.
8. Civil Justice Reform To view the final rule published on
For the reasons discussed in the January 30, 2015 (80 FR 5282), or other
This rule meets applicable standards preamble, the Coast Guard amends 33 documents in the docket for this
in sections 3(a) and 3(b)(2) of Executive CFR part 117 as follows: rulemaking, go to www.regulations.gov,
Order 12988, Civil Justice Reform, to
PART 117—DRAWBRIDGE type the docket number, USCG–2005–
minimize litigation, eliminate
OPERATION REGULATIONS 21869, in the ‘‘SEARCH’’ box and click
ambiguity, and reduce burden.
‘‘SEARCH.’’ Click on ‘‘Open Docket
9. Protection of Children ■ 1. The authority citation for part 117 Folder’’ in the first item listed. Use the
We have analyzed this rule under continues to read as follows: following link to go directly to the
Executive Order 13045, Protection of docket: www.regulations.gov/
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Children from Environmental Health Department of Homeland Security Delegation
#!docketDetail;D=USCG-2005-21869.
Risks and Safety Risks. This rule is not No. 0170.1. Background
an economically significant rule and
§ 117.639 [Removed] On January 30, 2015, the Coast Guard
does not create an environmental risk to
published a final rule to expand the
health or risk to safety that might ■ 2. Remove § 117.639.
applicability of notice of arrival and
disproportionately affect children. Dated: March 19, 2015. automatic identification system (AIS)
10. Indian Tribal Governments F. M. Midgette, requirements and make related
This rule does not have tribal Rear Admiral, U. S. Coast Guard, amendments regarding AIS. 80 FR 5282.
Commander, Ninth Coast Guard District. We have identified two errors in this
implications under Executive Order
13175, Consultation and Coordination [FR Doc. 2015–07318 Filed 3–31–15; 8:45 am] correction document.
with Indian Tribal Governments, BILLING CODE 9110–04–P In the final rule, we revised the
because it does not have a substantial definition of ‘‘VTS User’’ (Vessel Traffic
direct effect on one or more Indian Service User) in 33 CFR 161.2. 80 FR
DEPARTMENT OF HOMELAND 5334. Paragraph (3) of that definition
tribes, on the relationship between the
SECURITY should only have included vessels
Federal Government and Indian tribes,
or on the distribution of power and required to install and use a Coast
Coast Guard Guard type-approved AIS, instead the
responsibilities between the Federal
Government and Indian tribes. definition included all vessels equipped
33 CFR Parts 161 and 164 with a Coast Guard type-approved AIS
11. Energy Effects [Docket No. USCG–2005–21869] whether it is required or not. The
This action is not a ‘‘significant definition published in the final rule is
RIN 1625–AA99 inconsistent with the discussion in the
energy action’’ under Executive Order
13211, Actions Concerning Regulations Vessel Requirements for Notices of preambles of both the NPRM and final
That Significantly Affect Energy Supply, Arrival and Departure, and Automatic rule which encourage all vessel owners
Distribution, or Use. Identification System to use AIS. 73 FR 76295, 76301,
December 16, 2008; and 80 FR 5311,
12. Technical Standards AGENCY: Coast Guard, DHS. Jan. 30, 2015. The definition of ‘‘VTS
This rule does not use technical ACTION: Correcting amendments. User’’ in the final rule is also
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standards. Therefore, we did not inconsistent with our authority to
consider the use of voluntary consensus SUMMARY: The Coast Guard published a impose VTS User requirements.
standards. final rule in the Federal Register on Also in the final rule at paragraph
January 30, 2015, to expand the (b)(1)(iii) of 33 CFR 164.46, we omitted
13. Environment applicability of notice of arrival and the word ‘‘self-propelled’’ when
We have analyzed this rule under automatic identification system (AIS) describing vessels certificated to carry
Department of Homeland Security requirements and make related more than 150 passengers that are
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Document Created: 2015-12-18 11:03:47
Document Modified: 2015-12-18 11:03:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective April 1, 2015. | |
| Contact | If you have questions on this rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone (216) 902-6085, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826. | |
| FR Citation | 80 FR 17324 | |
| RIN Number | 1625-AA09 |
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