80_FR_38545 80 FR 38417 - Drawbridge Operation Regulation; Rancocas Creek, Centerton, NJ

80 FR 38417 - Drawbridge Operation Regulation; Rancocas Creek, Centerton, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 128 (July 6, 2015)

Page Range38417-38419
FR Document2015-16518

The Coast Guard proposes to change the regulation that governs the operation of the SR#38 Bridge in Centerton (Burlington County Route 635) over Rancocas Creek, mile 7.8, at Mt. Laurel, Westampton and Willingboro Townships in Burlington County, NJ. The proposed rule intends to change the current operating regulation and allow the bridge to remain in the closed position for the passage of vessels. There have been no requests for openings since the early 1990's. This proposed rule will also reflect a name change.

Federal Register, Volume 80 Issue 128 (Monday, July 6, 2015)
[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Proposed Rules]
[Pages 38417-38419]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16518]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0423]
RIN 1625-AA09


Drawbridge Operation Regulation; Rancocas Creek, Centerton, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change the regulation that governs 
the operation of the SR#38 Bridge in Centerton (Burlington County Route 
635) over Rancocas Creek, mile 7.8, at Mt. Laurel, Westampton and 
Willingboro Townships in Burlington County, NJ. The proposed rule 
intends to change the current operating regulation and allow the bridge 
to remain in the closed position for the passage of vessels. There have 
been no requests for openings since the early 1990's. This proposed 
rule will also reflect a name change.

DATES: Comments and related material must reach the Coast Guard on or 
before September 4, 2015. Requests for public meetings must be received 
by the Coast Guard on or before August 5, 2015.

ADDRESSES:  You may submit comments identified by docket number USCG-
2015-0423 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Jim Rousseau, Fifth Coast Guard District Bridge 
Administration Division, Coast Guard; telephone 757-398-6557, email: 
james.l.rousseau2@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change to http://www.regulations.gov and will 
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2015-0423), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one

[[Page 38418]]

of these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard 
when you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been received by 
the Coast Guard when it is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that we can 
contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0423] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number USCG-2015-0423 in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not plan to hold a public meeting but you may submit a 
request for one that reaches the Coast Guard on or before August 5, 
2015 using one of the four methods specified under ADDRESSES. Please 
explain why one would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

B. Basis and Purpose

    The current operating schedule for the SR#38 bridge is set out in 
33 CFR 117.745 (b) which allows the SR#38 Bridge to operate as follows: 
From April 1 through October 31 open on signal from 7 a.m. to 11 p.m. 
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. Year round from 11 p.m. to 7 a.m. 
need not open for the passage of vessels.
    The bridge owner, County of Burlington, NJ requested a change in 
the operation regulation for the SR#38 Bridge, mile 7.8, across 
Rancocas Creek in Mt. Laurel, NJ and that its name is changed to what 
it is known locally. The County of Burlington provided information to 
the Coast Guard about the lack of any openings of the draw spans dating 
back to the early 1990's. The bridge is currently closed to navigation 
and vehicular traffic due to emergency repairs and emergency 
inspections since May 2015. The last requested opening was in the early 
1990's as an emergency request. There have been monthly openings as per 
maintenance requirements.
    In the closed-to-navigation position, the SR#38 Bridge has vertical 
clearances of six feet above mean high water. Typical waterway users 
include very small recreational vessels including canoes and kayaks.

C. Discussion of Proposed Rule

    In order to align the operating schedule of the SR#38 bridge with 
observed marine traffic the proposed change amends the regulation by 
adding a paragraph (c) to state ``that the bridge need not open.'' The 
lack of requests for vessel openings of the drawbridge for over 20 
years illustrates that the vessels that use this waterway can safely 
navigate while the bridge is in the closed-to-navigation position. The 
current regulation also incorrectly identifies the bridge as the SR#38 
Bridge. This proposed change will change the name to the Centerton 
County Route 635 Bridge. All language in existing paragraph (b) will 
remain the same except for the removal of the SR#38 bridge reference.
    While this proposed rule will allow the bridge to remain closed to 
navigation, it does not alleviate the bridge owner of his 
responsibility under 33 CFR 117.7.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed 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. Based on County of Burlington 
bridge tender logs, there will not be any vessels impacted by this 
proposed change. No bridge openings have been requested in over 20 
years.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This action will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons: There have been no requests for the bridge 
to open since the early 1990's, and the bridge has been unable to open 
since May of 2015.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in

[[Page 38419]]

understanding this proposed 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. 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.

4. 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.).

5. 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 proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. 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.

7. 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 expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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 
preliminary 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 proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. In Sec.  117.745, revise paragraph (b) introductory text and add 
paragraph (c) 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:
* * * * *
    (c) The draw of the Centerton County Route 635 Bridge, mile 7.8, at 
Mt. Laurel, need not open for the passage of vessels.

    Dated: June 11, 2015.
Robert J. Tarantino,
Captain, United States Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2015-16518 Filed 7-2-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                                          Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Proposed Rules                                              38417

                                               in a manner satisfactory to the                            (iii) Any additional expenses incurred                  meetings must be received by the Coast
                                               Commissioner (or within such further                     as a result of the mortgagee’s failure to                 Guard on or before August 5, 2015.
                                               time as the Commissioner may approve                     comply with the timeframe.                                ADDRESSES: You may submit comments
                                               in writing), the interest allowance in                     (3)(i) Regardless of the review type, if                identified by docket number USCG–
                                               such cash payment shall be reduced by                    FHA determines that the mortgagee’s                       2015–0423 using any one of the
                                               the amount determined, based on a pro                    claim included expenses incurred after                    following methods:
                                               rata calculation of interest by day, to                  the expiration of a timeframe listed in                      (1) Federal eRulemaking Portal:
                                               have been incurred as a result of the                    paragraph (u)(1) of this section, FHA                     http://www.regulations.gov.
                                               failure of the mortgagee to comply with                  may, in its discretion:                                      (2) Fax: 202–493–2251.
                                               the specified time period.                                 (A) Reduce the amount of insurance                         (3) Mail or Delivery: Docket
                                               *       *    *     *    *                                benefits paid to the mortgagee; or                        Management Facility (M–30), U.S.
                                                  (u) Disallowance of expenses due to                     (B) Demand for repayment of all                         Department of Transportation, West
                                               mortgagee failure to meet timelines.                     expenses that were not curtailed by the                   Building Ground Floor, Room W12–140,
                                               Notwithstanding any other provision of                   mortgagee.                                                1200 New Jersey Avenue SE.,
                                               this section, FHA may deny payment of                      (ii) FHA may offset any future claims                   Washington, DC 20590–0001. Deliveries
                                               any amount claimed for any expenses,                     made by a mortgagee if the mortgagee                      accepted between 9 a.m. and 5 p.m.,
                                               such as taxes, special assessments,                      does not satisfy any demand for                           Monday through Friday, except federal
                                               hazard insurance, forced placed                          repayment under paragraph (u)(3)(i)(B)                    holidays. The telephone number is 202–
                                               insurance, flood insurance, homeowner                    of this section within 30 days of the date                366–9329.
                                                                                                        FHA issues the demand for repayment.                         See the ‘‘Public Participation and
                                               association (HOA)/condominium
                                                                                                        ■ 6. Revise the heading of § 203.474 to                   Request for Comments’’ portion of the
                                               association (COA) fees or dues, utilities,
                                                                                                        read as follows:                                          SUPPLEMENTARY INFORMATION section
                                               inspections, debris removal, and any
                                               property preservation and protection                                                                               below for instructions on submitting
                                                                                                        § 203.474 Additional limitation on claim                  comments. To avoid duplication, please
                                               expenses, that were paid or incurred by                  submission for rehabilitation loans secured
                                               or on behalf of the mortgagee during any                                                                           use only one of these three methods.
                                                                                                        by other than a first mortgage.
                                               period of delay or as a result of any                                                                              FOR FURTHER INFORMATION CONTACT: If
                                                                                                        *      *         *       *       *                        you have questions on this proposed
                                               delay by the mortgagee in taking any
                                                                                                          Dated: May 11, 2015.                                    rule, call or email Mr. Jim Rousseau,
                                               required actions prior to the expiration
                                               of the time periods set forth in                         Edward L. Golding,                                        Fifth Coast Guard District Bridge
                                               paragraph (u)(1) of this section.                        Principal Deputy Assistant Secretary for                  Administration Division, Coast Guard;
                                                  (1) If a mortgagee fails to comply with               Housing.                                                  telephone 757–398–6557, email:
                                               any of the timeframes established by the                 [FR Doc. 2015–16479 Filed 7–2–15; 8:45 am]                james.l.rousseau2@uscg.mil. If you have
                                               Secretary for actions set forth in this                  BILLING CODE 4210–67–P                                    questions on viewing or submitting
                                               paragraph, the mortgagee must curtail                                                                              material to the docket, call Cheryl
                                               all claim expenses in accordance with                                                                              Collins, Program Manager, Docket
                                               paragraph (u)(2) of this section:                        DEPARTMENT OF HOMELAND                                    Operations, telephone 202–366–9826.
                                                                                                        SECURITY                                                  SUPPLEMENTARY INFORMATION:
                                                  (i) The timeframe for taking of First
                                               Legal Action to commence foreclosure;                    Coast Guard                                               Table of Acronyms
                                                  (ii) The reasonable diligence                                                                                   CFR Code of Federal Regulations
                                               timeframes established by the state in                   33 CFR Part 117                                           DHS Department of Homeland Security
                                               which the property is located;                                                                                     FR Federal Register
                                                                                                        [Docket No. USCG–2015–0423]
                                                  (iii) The timeframe to convey a                                                                                 NPRM Notice of Proposed Rulemaking
                                               property after obtaining title and                       RIN 1625–AA09                                             § Section Symbol
                                               possession;                                                                                                        U.S.C. United States Code
                                                  (iv) The timeframe for marketing a                    Drawbridge Operation Regulation;
                                                                                                        Rancocas Creek, Centerton, NJ                             A. Public Participation and Request for
                                               property; or                                                                                                       Comments
                                                  (v) Any other timeframe established                   AGENCY:    Coast Guard, DHS.                                We encourage you to participate in
                                               under this subpart that is applicable to                 ACTION:    Notice of proposed rulemaking.                 this proposed rulemaking by submitting
                                               the mortgagee’s filing of a claim for
                                                                                                                                                                  comments and related materials. All
                                               insurance benefits.                                      SUMMARY:   The Coast Guard proposes to                    comments received will be posted,
                                                  (2) For a mortgagee that does not meet                change the regulation that governs the                    without change to http://
                                               one or more of the deadlines in                          operation of the SR#38 Bridge in                          www.regulations.gov and will include
                                               paragraph (u)(1) of this section, the                    Centerton (Burlington County Route                        any personal information you have
                                               mortgagee must curtail on a prorated                     635) over Rancocas Creek, mile 7.8, at                    provided.
                                               basis:                                                   Mt. Laurel, Westampton and
                                                  (i) Expenses in paragraph (u) of this                 Willingboro Townships in Burlington                       1. Submitting Comments
                                               section incurred during or as a result of                County, NJ. The proposed rule intends                        If you submit a comment, please
                                               any failure by the mortgagee to act                      to change the current operating                           include the docket number for this
                                               within the applicable time period; or                    regulation and allow the bridge to                        proposed rulemaking (USCG–2015–
                                                                                                        remain in the closed position for the
Lhorne on DSK7TPTVN1PROD with PROPOSALS




                                                  (ii) Expenses that are reasonably                                                                               0423), indicate the specific section of
                                               estimated to have been incurred during                   passage of vessels. There have been no                    this document to which each comment
                                               or as a result of any failure by the                     requests for openings since the early                     applies, and provide a reason for each
                                               mortgagee to act within the applicable                   1990’s. This proposed rule will also                      suggestion or recommendation. You
                                               time period if the amount of expenses                    reflect a name change.                                    may submit your comments and
                                               specifically incurred beyond the                         DATES: Comments and related material                      material online (http://
                                               applicable deadline is unavailable or                    must reach the Coast Guard on or before                   www.regulations.gov), or by fax, mail or
                                               not itemized; and                                        September 4, 2015. Requests for public                    hand delivery, but please use only one


                                          VerDate Sep<11>2014   14:36 Jul 02, 2015   Jkt 235001   PO 00000   Frm 00012       Fmt 4702   Sfmt 4702   E:\FR\FM\06JYP1.SGM   06JYP1


                                               38418                      Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Proposed Rules

                                               of these means. If you submit a                          for one that reaches the Coast Guard on               navigation, it does not alleviate the
                                               comment online via http://                               or before August 5, 2015 using one of                 bridge owner of his responsibility under
                                               www.regulations.gov, it will be                          the four methods specified under                      33 CFR 117.7.
                                               considered received by the Coast Guard                   ADDRESSES. Please explain why one
                                                                                                                                                              D. Regulatory Analyses
                                               when you successfully transmit the                       would be beneficial. If we determine
                                               comment. If you fax, hand deliver, or                    that one would aid this rulemaking, we                  We developed this proposed rule after
                                               mail your comment, it will be                            will hold one at a time and place                     considering numerous statutes and
                                               considered as having been received by                    announced by a later notice in the                    executive orders related to rulemaking.
                                               the Coast Guard when it is received at                   Federal Register.                                     Below we summarize our analyses
                                               the Docket Management Facility. We                                                                             based on these statutes or executive
                                                                                                        B. Basis and Purpose                                  orders.
                                               recommend that you include your name
                                               and a mailing address, an email address,                    The current operating schedule for the
                                                                                                        SR#38 bridge is set out in 33 CFR                     1. Regulatory Planning and Review
                                               or a phone number in the body of your
                                               document so that we can contact you if                   117.745 (b) which allows the SR#38                       This proposed rule is not a
                                               we have questions regarding your                         Bridge to operate as follows: From April              ‘‘significant regulatory action’’ under
                                               submission.                                              1 through October 31 open on signal                   section 3(f) of Executive Order 12866,
                                                  To submit your comment online, go to                  from 7 a.m. to 11 p.m. From November                  Regulatory Planning and Review, as
                                               http://www.regulations.gov, type the                     1 through March 31 from 7 a.m. to 11                  supplemented by Executive Order
                                               docket number [USCG–2015–0423] in                        p.m. open on signal if at least 24 hours              13563, Improving Regulation and
                                               the ‘‘SEARCH’’ box and click                             notice is given. Year round from 11 p.m.              Regulatory Review, and does not require
                                               ‘‘SEARCH.’’ Click on ‘‘Submit a                          to 7 a.m. need not open for the passage               an assessment of potential costs and
                                               Comment’’ on the line associated with                    of vessels.                                           benefits under section 6(a)(3) of Order
                                               this rulemaking. If you submit your                         The bridge owner, County of                        12866 or under section 1 of Executive
                                               comments by mail or hand delivery,                       Burlington, NJ requested a change in the              Order 13563. The Office of Management
                                               submit them in an unbound format, no                     operation regulation for the SR#38                    and Budget has not reviewed it under
                                               larger than 81⁄2 by 11 inches, suitable for              Bridge, mile 7.8, across Rancocas Creek               those Orders. Based on County of
                                               copying and electronic filing. If you                    in Mt. Laurel, NJ and that its name is                Burlington bridge tender logs, there will
                                               submit them by mail and would like to                    changed to what it is known locally.                  not be any vessels impacted by this
                                               know that they reached the Facility,                     The County of Burlington provided                     proposed change. No bridge openings
                                               please enclose a stamped, self-addressed                 information to the Coast Guard about                  have been requested in over 20 years.
                                               postcard or envelope. We will consider                   the lack of any openings of the draw
                                                                                                        spans dating back to the early 1990’s.                2. Impact on Small Entities
                                               all comments and material received
                                               during the comment period and may                        The bridge is currently closed to                        The Regulatory Flexibility Act of 1980
                                               change the rule based on your                            navigation and vehicular traffic due to               (RFA), 5 U.S.C. 601–612, as amended,
                                               comments.                                                emergency repairs and emergency                       requires federal agencies to consider the
                                                                                                        inspections since May 2015. The last                  potential impact of regulations on small
                                               2. Viewing Comments and Documents                        requested opening was in the early                    entities during rulemaking. The term
                                                  To view comments, as well as                          1990’s as an emergency request. There                 ‘‘small entities’’ comprises small
                                               documents mentioned in this preamble                     have been monthly openings as per                     businesses, not-for-profit organizations
                                               as being available in the docket, go to                  maintenance requirements.                             that are independently owned and
                                               http://www.regulations.gov, type the                        In the closed-to-navigation position,              operated and are not dominant in their
                                               docket number USCG–2015–0423 in the                      the SR#38 Bridge has vertical clearances              fields, and governmental jurisdictions
                                               ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                     of six feet above mean high water.                    with populations of less than 50,000.
                                               Click on Open Docket Folder on the line                  Typical waterway users include very                   The Coast Guard certifies under 5 U.S.C.
                                               associated with this rulemaking. You                     small recreational vessels including                  605(b) that this proposed rule would not
                                               may also visit the Docket Management                     canoes and kayaks.                                    have a significant economic impact on
                                               Facility in Room W12–140 on the                                                                                a substantial number of small entities.
                                                                                                        C. Discussion of Proposed Rule
                                               ground floor of the Department of                                                                              This action will not have a significant
                                               Transportation West Building, 1200                         In order to align the operating                     economic impact on a substantial
                                               New Jersey Avenue SE., Washington,                       schedule of the SR#38 bridge with                     number of small entities for the
                                               DC 20590, between 9 a.m. and 5 p.m.,                     observed marine traffic the proposed                  following reasons: There have been no
                                               Monday through Friday, except Federal                    change amends the regulation by adding                requests for the bridge to open since the
                                               holidays.                                                a paragraph (c) to state ‘‘that the bridge            early 1990’s, and the bridge has been
                                                                                                        need not open.’’ The lack of requests for             unable to open since May of 2015.
                                               3. Privacy Act                                           vessel openings of the drawbridge for                    If you think that your business,
                                                  Anyone can search the electronic                      over 20 years illustrates that the vessels            organization, or governmental
                                               form of comments received into any of                    that use this waterway can safely                     jurisdiction qualifies as a small entity
                                               our dockets by the name of the                           navigate while the bridge is in the                   and that this rule would have a
                                               individual submitting the comment (or                    closed-to-navigation position. The                    significant economic impact on it,
                                               signing the comment, if submitted on                     current regulation also incorrectly                   please submit a comment (see
                                               behalf of an association, business, labor                identifies the bridge as the SR#38                    ADDRESSES) explaining why you think it
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                                               union, etc.). You may review a Privacy                   Bridge. This proposed change will                     qualifies and how and to what degree
                                               Act notice regarding our public dockets                  change the name to the Centerton                      this rule would economically affect it.
                                               in the January 17, 2008, issue of the                    County Route 635 Bridge. All language
                                                                                                        in existing paragraph (b) will remain the             3. Assistance for Small Entities
                                               Federal Register (73 FR 3316).
                                                                                                        same except for the removal of the                       Under section 213(a) of the Small
                                               4. Public Meeting                                        SR#38 bridge reference.                               Business Regulatory Enforcement
                                                  We do not plan to hold a public                         While this proposed rule will allow                 Fairness Act of 1996 (Public Law 104–
                                               meeting but you may submit a request                     the bridge to remain closed to                        121), we want to assist small entities in


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                                                                          Federal Register / Vol. 80, No. 128 / Monday, July 6, 2015 / Proposed Rules                                                 38419

                                               understanding this proposed rule. If the                 9. Civil Justice Reform                               required for this rule. We seek any
                                               rule would affect your small business,                      This proposed rule meets applicable                comments or information that may lead
                                               organization, or governmental                            standards in sections 3(a) and 3(b)(2) of             to the discovery of a significant
                                               jurisdiction and you have questions                      Executive Order 12988, Civil Justice                  environmental impact from this
                                               concerning its provisions or options for                 Reform, to minimize litigation,                       proposed rule.
                                               compliance, please contact the person                    eliminate ambiguity, and reduce                       List of Subjects in 33 CFR Part 117
                                               listed in the FOR FURTHER INFORMATION                    burden.
                                               CONTACT, above. The Coast Guard will                                                                             Bridges.
                                               not retaliate against small entities that                10. Protection of Children                              For the reasons discussed in the
                                               question or complain about this                             We have analyzed this proposed rule                preamble, the Coast Guard proposes to
                                               proposed rule or any policy or action of                 under Executive Order 13045,                          amend 33 CFR part 117 as follows:
                                               the Coast Guard.                                         Protection of Children from
                                                                                                        Environmental Health Risks and Safety                 PART 117—DRAWBRIDGE
                                               4. Collection of Information                             Risks. This rule is not an economically               OPERATION REGULATIONS
                                                 This proposed rule would call for no                   significant rule and would not create an
                                                                                                                                                              ■ 1. The authority citation for part 117
                                                                                                        environmental risk to health or risk to
                                               new collection of information under the                                                                        continues to read as follows:
                                                                                                        safety that might disproportionately
                                               Paperwork Reduction Act of 1995 (44                                                                              Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                        affect children.
                                               U.S.C. 3501–3520.).                                                                                            Department of Homeland Security Delegation
                                                                                                        11. Indian Tribal Governments                         No. 0170.1.
                                               5. Federalism
                                                                                                           This proposed rule does not have                   ■ 2. In § 117.745, revise paragraph (b)
                                                  A rule has implications for federalism                tribal implications under Executive                   introductory text and add paragraph (c)
                                               under Executive Order 13132,                             Order 13175, Consultation and                         to read as follows:
                                               Federalism, if it has a substantial direct               Coordination with Indian Tribal                       § 117.745    Rancocas Creek
                                               effect on the States, on the relationship                Governments, because it would not have
                                               between the national government and                      a substantial direct effect on one or                 *     *    *    *     *
                                                                                                        more Indian tribes, on the relationship                 (b) The drawspan for the Riverside-
                                               the States, or on the distribution of
                                                                                                        between the Federal Government and                    Delanco/SR#543 Drawbridge, mile 1.3 at
                                               power and responsibilities among the                                                                           Riverside must operate as follows:
                                               various levels of government. We have                    Indian tribes, or on the distribution of
                                               analyzed this proposed rule under that                   power and responsibilities between the                *     *    *    *     *
                                                                                                        Federal Government and Indian tribes.                   (c) The draw of the Centerton County
                                               Order and have determined that it does
                                                                                                                                                              Route 635 Bridge, mile 7.8, at Mt.
                                               not have implications for federalism.                    12. Energy Effects                                    Laurel, need not open for the passage of
                                               6. Protest Activities                                       This proposed rule is not a                        vessels.
                                                                                                        ‘‘significant energy action’’ under                     Dated: June 11, 2015.
                                                 The Coast Guard respects the First                     Executive Order 13211, Actions                        Robert J. Tarantino,
                                               Amendment rights of protesters.                          Concerning Regulations That
                                               Protesters are asked to contact the                                                                            Captain, United States Coast Guard, Acting
                                                                                                        Significantly Affect Energy Supply,                   Commander, Fifth Coast Guard District.
                                               person listed in the ‘‘For Further                       Distribution, or Use.
                                               Information Contact’’ section to                                                                               [FR Doc. 2015–16518 Filed 7–2–15; 8:45 am]
                                               coordinate protest activities so that your               13. Technical Standards                               BILLING CODE 9110–04–P

                                               message can be received without                            This proposed rule does not use
                                               jeopardizing the safety or security of                   technical standards. Therefore, we did
                                               people, places or vessels.                                                                                     ENVIRONMENTAL PROTECTION
                                                                                                        not consider the use of voluntary
                                                                                                                                                              AGENCY
                                                                                                        consensus standards.
                                               7. Unfunded Mandates Reform Act
                                                                                                        14. Environment                                       40 CFR Part 52
                                                 The Unfunded Mandates Reform Act
                                                                                                          We have analyzed this rule under                    [EPA–R06–OAR–2008–0633; FRL–9929–06–
                                               of 1995 (2 U.S.C. 1531–1538) requires                                                                          Region 6]
                                                                                                        Department of Homeland Security
                                               Federal agencies to assess the effects of
                                                                                                        Management Directive 023–01 and
                                               their discretionary regulatory actions. In                                                                     Approval and Promulgation of
                                                                                                        Commandant Instruction M16475.lD,
                                               particular, the Act addresses actions                                                                          Implementation Plans; Arkansas;
                                                                                                        which guides the Coast Guard in
                                               that may result in the expenditure by a                                                                        Interstate Transport State
                                                                                                        complying with the National
                                               State, local, or tribal government, in the                                                                     Implementation Plan To Address
                                                                                                        Environmental Policy Act of 1969
                                               aggregate, or by the private sector of                                                                         Pollution Affecting Visibility
                                                                                                        (NEPA) (42 U.S.C. 4321–4370f), and
                                               $100,000,000 (adjusted for inflation) or
                                                                                                        have made a preliminary determination                 AGENCY:  Environmental Protection
                                               more in any one year. Though this
                                                                                                        that this action is one of a category of              Agency (EPA).
                                               proposed rule will not result in such
                                                                                                        actions which do not individually or                  ACTION: Proposed rule.
                                               expenditure, we do discuss the effects of                cumulatively have a significant effect on
                                               this rule elsewhere in this preamble.                    the human environment. This proposed                  SUMMARY:    The Environmental Protection
                                               8. Taking of Private Property                            rule simply promulgates the operating                 Agency (EPA) is proposing to
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                                                                                                        regulations or procedures for                         disapprove a revision to the Arkansas
                                                 This proposed rule would not cause a                   drawbridges. This rule is categorically               State Implementation Plan (SIP)
                                               taking of private property or otherwise                  excluded, under figure 2–1, paragraph                 submitted by the State of Arkansas on
                                               have taking implications under                           (32)(e), of the Instruction.                          September 16, 2009, for the purpose of
                                               Executive Order 12630, Governmental                        Under figure 2–1, paragraph (32)(e), of             addressing the requirements of the
                                               Actions and Interference with                            the Instruction, an environmental                     Clean Air Act (CAA) regarding
                                               Constitutionally Protected Property                      analysis checklist and a categorical                  interference with other states’ programs
                                               Rights.                                                  exclusion determination are not                       for visibility protection for the 2006


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Document Created: 2015-12-15 13:17:31
Document Modified: 2015-12-15 13:17:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before September 4, 2015. Requests for public meetings must be received by the Coast Guard on or before August 5, 2015.
ContactIf you have questions on this proposed rule, call or email Mr. Jim Rousseau, Fifth Coast Guard District Bridge Administration Division, Coast Guard; telephone 757-398-6557, email: [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 38417 
RIN Number1625-AA09

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