81 FR 33590 - Drawbridge Operation Regulation; Broad Creek, Laurel, DE
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 103 (May 27, 2016)
Coast Guard
Federal Register Volume 81, Issue 103 (May 27, 2016)
| Page Range | 33590-33591 | |
| FR Document | 2016-12627 |
[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)] [Rules and Regulations] [Pages 33590-33591] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12627] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-1011] RIN 1625-AA09 Drawbridge Operation Regulation; Broad Creek, Laurel, DE AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is changing the regulation that governs the operation of the Norfolk Southern Railroad Bridge over Broad Creek, mile 8.0, at Laurel, DE. This final rule changes the current regulation requiring a four-hour advance notice and allows the bridge to remain in the closed to navigation position. This final rule aligns the operating schedule with the observed lack of marine traffic that requires a bridge opening and the operating regulations for the Poplar Street and US Highway 13A, which also cross Broad Creek. DATES: This rule is effective June 27, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG 2015-1011 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mrs. Jessica Shea, Fifth Coast Guard District (dpb), at (757) 398-6422, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of proposed rulemaking Pub. L. Public Law Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On February 3, 2016, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulation; Broad Creek, Laurel, DE in the Federal Register (81 FR 5679). We received one comment on this rule. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The bridge owner, Norfolk Southern, made a request under 33 CFR 117.39 that the operating regulations be revised due to infrequent openings. The Norfolk Southern Railroad Bridge over Broad Creek, mile 8.0, at Laurel, DE, is a swing bridge that has a vertical clearance of fourteen feet above mean high water in the closed to navigation position and is unlimited in the open to navigation position. Presently, the bridge opens with 4 hour advance notice in accordance with 33 CFR 117.233(a). This final rule changes the status of the Norfolk Southern Broad Creek railroad bridge to need not open for the passage of vessels. There have been no requests for openings from vessels since Norfolk Southern acquired the bridge in 1999. In order to align the operating schedule of the bridge with observed marine traffic, this change amends the regulation to state that the bridge need not open. The lack of requests from vessels for bridge openings since 1999 illustrate that the vessels that use this waterway can safely navigate while the drawbridge is in the closed-to-navigation position. IV. Discussion of Comments, Changes and the Final Rule One comment was made in response to the NPRM. The comment was in favor of the need not open status. There were no changes made to the final rule from what was proposed in the NPRM. This rule changes the status of the Norfolk Southern Railroad Bridge to need not open for the passage of vessels. This action aligns the operating schedule of the bridge with the lack observed marine traffic that requires an opening and with the operating schedule for other drawbridges on this waterway. The change amends the regulation to state that the bridge need not open. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protesters. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the observed lack of marine traffic that requires a bridge opening. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions [[Page 33591]] with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. As discussed in the NPRM, commercial traffic on Broad Creek, DE has not been present since the 1970s. The gradual change in the characteristics of the waterway shows that there will not be a significant economic impact of changing the drawbridge operating regulations on Broad Creek, DE. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule simply promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction. Under figure 2-1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of Homeland Security Delegation No. 0170.1. 0 2. Revise Sec. 117.233 to read as follows: Sec. 117.233 Broad Creek. The draws of the Norfolk Southern bridge, mile 8.0, the Poplar Street Bridge, mile 8.2 and the U.S. 13A Bridge, mile 8.25, all in Laurel, need not open for the passage of vessels. Dated: May 18, 2016. Meredith L. Austin, Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2016-12627 Filed 5-26-16; 8:45 am] BILLING CODE 9110-04-P
![33590 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Rules and Regulations
Act, the operation of foreign missions, regulation requiring a four-hour advance the bridge with observed marine traffic,
and the United States’ extension of notice and allows the bridge to remain this change amends the regulation to
privileges, exemptions, immunities, in the closed to navigation position. state that the bridge need not open. The
benefits, and courtesies to foreign This final rule aligns the operating lack of requests from vessels for bridge
government officials, members/ schedule with the observed lack of openings since 1999 illustrate that the
employees and officers of foreign marine traffic that requires a bridge vessels that use this waterway can safely
missions and certain international opening and the operating regulations navigate while the drawbridge is in the
organizations in the United States, their for the Poplar Street and US Highway closed-to-navigation position.
immediate family members, and 13A, which also cross Broad Creek.
IV. Discussion of Comments, Changes
domestic workers who are in the United DATES: This rule is effective June 27,
and the Final Rule
States in nonimmigrant A–3 or G–5 visa 2016.
status. One comment was made in response
ADDRESSES: To view documents
For additional background, see the to the NPRM. The comment was in favor
mentioned in this preamble as being of the need not open status. There were
notice of proposed rulemaking and the available in the docket, go to http://
system of records notice published on no changes made to the final rule from
www.regulations.gov, type USCG 2015– what was proposed in the NPRM.
December 17, 2015 (80 FR 78704 and 80 1011 in the ‘‘SEARCH’’ box and click
FR 78812, respectively). The This rule changes the status of the
‘‘SEARCH.’’ Click on Open Docket Norfolk Southern Railroad Bridge to
Department received no public Folder on the line associated with this
comment on these documents. need not open for the passage of vessels.
rulemaking. This action aligns the operating
List of Subjects in 22 CFR Part 171 FOR FURTHER INFORMATION CONTACT: If schedule of the bridge with the lack
Privacy. you have questions on this rule, call or observed marine traffic that requires an
email Mrs. Jessica Shea, Fifth Coast opening and with the operating
For the reasons stated in the
Guard District (dpb), at (757) 398–6422, schedule for other drawbridges on this
preamble, 22 CFR part 171 is amended
email jessica.c.shea2@uscg.mil. waterway. The change amends the
as follows:
SUPPLEMENTARY INFORMATION: regulation to state that the bridge need
PART 171—[AMENDED] I. Table of Abbreviations not open.
■ 1. The authority citation for part 171 CFR Code of Federal Regulations V. Regulatory Analyses
continues to read as follows: DHS Department of Homeland Security We developed this rule after
E.O. Executive order considering numerous statutes and
Authority: 22 U.S.C. 2651a; 5 U.S.C. 552, FR Federal Register
552a; E.O. 12600 (52 FR 23781); Pub. L. 95– Executive Orders related to rulemaking.
NPRM Notice of proposed rulemaking
521, 92 Stat. 1824 (codified as amended as Pub. L. Public Law Below we summarize our analyses
5 U.S.C. app. 101–505); 5 CFR part 2634. § Section based on a number of these statutes and
U.S.C. United States Code Executive Orders, and we discuss First
§ 171.26—[Amended] Amendment rights of protesters.
■ 2. Section § 171.26 is amended by II. Background Information and
adding an entry, in alphabetical order, Regulatory History A. Regulatory Planning and Review
for ‘‘Office of Foreign Missions Records, On February 3, 2016, we published a Executive Orders 12866 and 13563
STATE–81’’ to the list in paragraph notice of proposed rulemaking (NPRM) direct agencies to assess the costs and
(b)(2). entitled Drawbridge Operation benefits of available regulatory
Regulation; Broad Creek, Laurel, DE in alternatives and, if regulation is
Joyce A. Barr,
the Federal Register (81 FR 5679). We necessary, to select regulatory
Assistant Secretary for Administration, U.S. approaches that maximize net benefits.
received one comment on this rule.
Department of State.
Executive Order 13563 emphasizes the
[FR Doc. 2016–12621 Filed 5–26–16; 8:45 am] III. Legal Authority and Need for Rule importance of quantifying both costs
BILLING CODE 4710–43–P The Coast Guard is issuing this rule and benefits, of reducing costs, of
under authority 33 U.S.C. 499. The harmonizing rules, and of promoting
bridge owner, Norfolk Southern, made a flexibility. This rule has not been
DEPARTMENT OF HOMELAND request under 33 CFR 117.39 that the designated a ‘‘significant regulatory
SECURITY operating regulations be revised due to action,’’ under Executive Order 12866.
infrequent openings. The Norfolk Accordingly, it has not been reviewed
Coast Guard Southern Railroad Bridge over Broad by the Office of Management and
Creek, mile 8.0, at Laurel, DE, is a swing Budget. This regulatory action
33 CFR Part 117 bridge that has a vertical clearance of determination is based on the observed
[Docket No. USCG–2015–1011] fourteen feet above mean high water in lack of marine traffic that requires a
the closed to navigation position and is bridge opening.
RIN 1625–AA09 unlimited in the open to navigation
position. B. Impact on Small Entities
Drawbridge Operation Regulation;
Presently, the bridge opens with 4 The Regulatory Flexibility Act of 1980
Broad Creek, Laurel, DE
hour advance notice in accordance with (RFA), 5 U.S.C. 601–612, as amended,
AGENCY: Coast Guard, DHS. 33 CFR 117.233(a). This final rule requires federal agencies to consider the
changes the status of the Norfolk potential impact of regulations on small
rmajette on DSK2TPTVN1PROD with RULES
ACTION: Final rule.
Southern Broad Creek railroad bridge to entities during rulemaking. The term
SUMMARY: The Coast Guard is changing need not open for the passage of vessels. ‘‘small entities’’ comprises small
the regulation that governs the operation There have been no requests for businesses, not-for-profit organizations
of the Norfolk Southern Railroad Bridge openings from vessels since Norfolk that are independently owned and
over Broad Creek, mile 8.0, at Laurel, Southern acquired the bridge in 1999. In operated and are not dominant in their
DE. This final rule changes the current order to align the operating schedule of fields, and governmental jurisdictions
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![Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Rules and Regulations 33591
with populations of less than 50,000. analyzed this rule under that Order and List of Subjects in 33 CFR Part 117
The Coast Guard received no comments have determined that it is consistent Bridges.
from the Small Business Administration with the fundamental federalism
on this rule. The Coast Guard certifies principles and preemption requirements For the reasons discussed in the
under 5 U.S.C. 605(b) that this rule will described in Executive Order 13132. preamble, the Coast Guard amends 33
not have a significant economic impact CFR part 117 as follows:
Also, this rule does not have tribal
on a substantial number of small implications under Executive Order PART 117—DRAWBRIDGE
entities. 13175, Consultation and Coordination OPERATION REGULATIONS
While some owners or operators of with Indian Tribal Governments,
vessels intending to transit the bridge because it does not have a substantial ■ 1. The authority citation for part 117
may be small entities, for the reasons direct effect on one or more Indian continues to read as follows:
stated in section V.A above, this rule tribes, on the relationship between the
will not have a significant economic Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Federal Government and Indian tribes, and Department of Homeland Security
impact on any vessel owner or operator. or on the distribution of power and Delegation No. 0170.1.
As discussed in the NPRM, commercial responsibilities between the Federal
traffic on Broad Creek, DE has not been Government and Indian tribes. ■ 2. Revise § 117.233 to read as follows:
present since the 1970s. The gradual
E. Unfunded Mandates Reform Act § 117.233 Broad Creek.
change in the characteristics of the
waterway shows that there will not be The draws of the Norfolk Southern
The Unfunded Mandates Reform Act bridge, mile 8.0, the Poplar Street
a significant economic impact of of 1995 (2 U.S.C. 1531–1538) requires
changing the drawbridge operating Bridge, mile 8.2 and the U.S. 13A
Federal agencies to assess the effects of Bridge, mile 8.25, all in Laurel, need not
regulations on Broad Creek, DE. their discretionary regulatory actions. In
Under section 213(a) of the Small open for the passage of vessels.
particular, the Act addresses actions
Business Regulatory Enforcement that may result in the expenditure by a Dated: May 18, 2016.
Fairness Act of 1996 (Pub. L. 104–121), State, local, or tribal government, in the Meredith L. Austin,
we want to assist small entities in aggregate, or by the private sector of Rear Admiral, United States Coast Guard,
understanding this rule. If the rule $100,000,000 (adjusted for inflation) or Commander, Fifth Coast Guard District.
would affect your small business, more in any one year. Though this rule [FR Doc. 2016–12627 Filed 5–26–16; 8:45 am]
organization, or governmental will not result in such an expenditure, BILLING CODE 9110–04–P
jurisdiction and you have questions we do discuss the effects of this rule
concerning its provisions or options for elsewhere in this preamble.
compliance, please contact the person
listed in the FOR FURTHER INFORMATION F. Environment DEPARTMENT OF COMMERCE
CONTACT, above.
We have analyzed this rule under Patent and Trademark Office
Small businesses may send comments
Department of Homeland Security
on the actions of Federal employees
Management Directive 023–01 and 37 CFR Part 11
who enforce, or otherwise determine
Commandant Instruction M16475.lD,
compliance with, Federal regulations to [Docket No.: PTO–C–2015–0018]
which guides the Coast Guard in
the Small Business and Agriculture
complying with the National
Regulatory Enforcement Ombudsman RIN 0651–AC99
Environmental Policy Act of 1969
and the Regional Small Business
(NEPA) (42 U.S.C. 4321–4370f), and USPTO Law School Clinic Certification
Regulatory Fairness Boards. The
have made a determination that this Program
Ombudsman evaluates these actions
action is one of a category of actions
annually and rates each agency’s
which do not individually or AGENCY: United States Patent and
responsiveness to small business. If you
cumulatively have a significant effect on Trademark Office, Commerce.
wish to comment on actions by
the human environment. This rule ACTION: Final rule.
employees of the Coast Guard, call 1–
simply promulgates the operating
888–REG–FAIR (1–888–734–3247). The SUMMARY: The United States Patent and
regulations or procedures for
Coast Guard will not retaliate against Trademark Office (‘‘Office’’ or
drawbridges. This action is categorically
small entities that question or complain ‘‘USPTO’’) is issuing a final rule to
excluded from further review, under
about this rule or any policy or action comply with a Public Law enacted on
figure 2–1, paragraph (32)(e), of the
of the Coast Guard. December 16, 2014. This law requires
Instruction.
C. Collection of Information Under figure 2–1, paragraph (32)(e), of the USPTO Director to establish
This rule calls for no new collection the Instruction, an environmental regulations and procedures for
of information under the Paperwork analysis checklist and a categorical application to, and participation in, the
Reduction Act of 1995 (44 U.S.C. 3501– exclusion determination are not USPTO Law School Clinic Certification
3520). required for this rule. Program. The program allows students
enrolled in a participating law school’s
D. Federalism and Indian Tribal G. Protest Activities clinic to practice patent and trademark
Government The Coast Guard respects the First law before the USPTO under the direct
A rule has implications for federalism Amendment rights of protesters. supervision of an approved faculty
under Executive Order 13132, Protesters are asked to contact the clinic supervisor by drafting, filing, and
rmajette on DSK2TPTVN1PROD with RULES
Federalism, if it has a substantial direct person listed in the FOR FURTHER prosecuting patent or trademark
effect on the States, on the relationship INFORMATION CONTACT section to applications, or both, on a pro bono
between the national government and coordinate protest activities so that your basis for clients who qualify for
the States, or on the distribution of message can be received without assistance from the law school’s clinic.
power and responsibilities among the jeopardizing the safety or security of DATES: This rule is effective on June 27,
various levels of government. We have people, places or vessels. 2016.
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Document Created: 2018-02-07 15:09:33
Document Modified: 2018-02-07 15:09:33
| 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 June 27, 2016. | |
| Contact | If you have questions on this rule, call or email Mrs. Jessica Shea, Fifth Coast Guard District (dpb), at (757) 398-6422, email [email protected] | |
| FR Citation | 81 FR 33590 | |
| RIN Number | 1625-AA09 |
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