81 FR 5679 - Drawbridge Operation Regulation; Broad Creek, Laurel, DE
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 22 (February 3, 2016)
Coast Guard
Federal Register Volume 81, Issue 22 (February 3, 2016)
| Page Range | 5679-5681 | |
| FR Document | 2016-01897 |
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)] [Proposed Rules] [Pages 5679-5681] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01897] ======================================================================= ----------------------------------------------------------------------- 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: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to change the operating schedule that governs the Norfolk Southern Railroad Bridge over Broad Creek, mile 8.0, at Laurel, DE. This proposed rule will change the current regulation requiring a four-hour advance notice and allow the bridge to remain in the closed position for the passage of vessels. DATES: Comments and related material must reach the Coast Guard on or before March 21, 2016. ADDRESSES: You may submit comments identified by docket number USCG- 2015-1011 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 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, Purpose and Legal Basis The current operating schedule for the bridge is set out in 33 CFR 117.233 (a) issued September 11, 2006. As outlined in this regulation, the Norfolk Southern Railroad Bridge shall open on signal if at least four hours notice is given. The Fifth Coast Guard District Commander received a request from the bridge owner in July 2015 to consider making a permanent change to the operating regulation for the Norfolk Southern Railroad Bridge per 33 CFR 117.8(a). [[Page 5680]] This proposed rulemaking aligns the new 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. The proposed change would amend the existing regulation to state that the bridge need not open. The Norfolk Southern Railroad Bridge over Broad Creek, mile 8.0, at Laurel, DE, has a vertical clearance of fourteen feet above mean high water in the closed position and is unlimited in the open position. The charted depth at the bridge is four feet. The existing structure is a swing bridge that was authorized in 1910. The structure has been used by trains since it was completed in 1915; however, the bridge owner reported that no openings have been requested since it was acquired by Norfolk Southern in 1999. Milford Fertilizer had a dock that was used by commercial traffic upstream of the railroad bridge when the existing structure was issued a bridge permit in 1910. Prior to publishing this NPRM, the Coast Guard contacted the fertilizer company to determine if there would be any impacts to their operations. The fertilizer plant modified the operations conducted in this location and has not used the dock since the 1970s. There is no record of any other commercial maritime traffic on Broad Creek, DE. There are residential docks and municipal boat ramps downstream of the Norfolk Southern Railroad Bridge. Recreational traffic is present during the boating season with the peak during the summer months. III. Discussion of Proposed Rule This NPRM proposes to change the status of the Norfolk Southern Railroad Bridge to need not open for the passage of vessels. In order to align the operating schedule of the bridge with observed marine traffic, the proposed 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. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on these statutes and E.O.s and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review E.O.s 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. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. Based on current maritime traffic, using Norfolk Southern documentation and notes in the Coast Guard bridge files, there will be few, if any, vessels impacted by this proposed change as there has not been a requested opening since 1999. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would 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, since there have been no requests for openings since 1999, this proposed rule would not have a significant economic impact on any vessel owner or operator. 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. 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 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. C. 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). 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 proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. Also, 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. 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 proposed rule will not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 [[Page 5681]] 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. Normally such actions are 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this document, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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. Revise Sec. 117.233(a) to read as follows: Sec. 117.233 Broad Creek. (a) The draw of the Norfolk Southern bridge at mile 8.0, at Laurel, need not open for the passage of vessels. * * * * * Dated: January 14, 2016. Stephen P. Metruck, Rear Admiral, United States Coast Guard Commander, Fifth Coast Guard District. [FR Doc. 2016-01897 Filed 2-2-16; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 5679
income, and whether the resident was consideration when determining DEPARTMENT OF HOMELAND
elderly or disabled. whether an individual or family no SECURITY
HUD is considering revising HUD’s longer needs public housing assistance?
regulations at 24 CFR 960.261 Are there limits to the circumstances in Coast Guard
(Restriction on eviction of families which said data should be requested
based on income) in a manner that and applied in a determination? 33 CFR Part 117
would continue to give PHAs discretion [Docket No. USCG–2015–1011]
on when to evict or terminate the 3. What period of time in which an
tenancies of over-income families but individual or family has had income RIN 1625–AA09
narrow that discretion by providing that significantly exceeds the income
circumstances that would require a PHA limits should be determined as Drawbridge Operation Regulation;
to terminate tenancy or evict an over- indicative that the individual or family Broad Creek, Laurel, DE
income family. Specifically, HUD is no longer needs public housing AGENCY: Coast Guard, DHS.
considering whether a family whose assistance?
ACTION: Notice of proposed rulemaking.
income significantly exceeds the income 4. How should local housing market
limit and has exceeded such limit for a conditions or housing authority wait list SUMMARY: The Coast Guard proposes to
sustained period of time must be data be considered? change the operating schedule that
notified by the PHA that the family will governs the Norfolk Southern Railroad
5. What period of time should be
be evicted or tenancy terminated. HUD Bridge over Broad Creek, mile 8.0, at
is also considering what a reasonable allowed for an individual or family to
Laurel, DE. This proposed rule will
period of time to find alternative find alternative housing?
change the current regulation requiring
housing would be. 6. Are there exceptions to eviction or a four-hour advance notice and allow
HUD is not considering whether to termination of tenancy that HUD should the bridge to remain in the closed
alter the existing statutorily based consider beyond those listed in HUD’s position for the passage of vessels.
exceptions to eviction or termination of regulation in 24 CFR 960.261? DATES: Comments and related material
tenancy related to income limits. 7. Should HUD allow over-income must reach the Coast Guard on or before
Specifically, a family over the income March 21, 2016.
individuals or families to remain in
limits who has a valid contract for
public housing, while paying ADDRESSES: You may submit comments
participation in a Family Self-
unsubsidized or fair market, rent? How identified by docket number USCG–
Sufficiency (FSS) program administered
would such a provision impact PHA 2015–1011 using Federal eRulemaking
under HUD regulations in 24 CFR part
operations and finances? Portal at http://www.regulations.gov.
984 would not be subject to eviction or
See the ‘‘Public Participation and
termination of tenancy. Additionally, a 8. Should HUD require a local appeals
Request for Comments’’ portion of the
PHA may not evict a family over the process for individuals or families
SUPPLEMENTARY INFORMATION section
income limits if the family is currently deemed over-income? below for instructions on submitting
receiving the earned income 9. Where over-income policies have comments.
disallowance authorized by the 1937 been implemented, what were the
Act (See 42 U.S.C. 1473a(d)) and FOR FURTHER INFORMATION CONTACT: If
results to public housing residents and you have questions on this proposed
implemented through HUD regulations
PHAs? What were the specific positive rule, call or email Mrs. Jessica Shea,
in 24 CFR 960.255 and 24 CFR
and negative impacts? Fifth Coast Guard District (dpb), at (757)
960.261(b).
10. What financial impact would 398–6422, email jessica.c.shea2@
II. Request for Comments over-income policies have on PHA uscg.mil.
In a letter provided to PHAs on operations, and how can any negative SUPPLEMENTARY INFORMATION:
September 3, 2015, HUD strongly impacts be mitigated?
recommended that PHAs adopt local I. Table of Abbreviations
11. What are the potential costs and
over-income policies while considering CFR Code of Federal Regulations
benefits to public housing residents and
many factors, including, but not limited DHS Department of Homeland Security
PHAs that could result from the forcible
to how over-income is defined, income E.O. Executive order
eviction of public housing tenants?
stability, length of time to provide a FR Federal Register
safety net for fluctuating incomes, 12. What evidence currently exists in NPRM Notice of proposed rulemaking
preference for return and hardship favor of or against the adoption of this Pub. L. Public Law
policies.2 In anticipation of a proposed type of policy? § Section
U.S.C. United States Code
rulemaking, HUD specifically solicits It is the responsibility of HUD and
comment on the following issues: PHAs to ensure that public housing II. Background, Purpose and Legal
1. How should HUD define income units are available to those who need Basis
that ‘‘significantly’’ exceeds the income HUD assistance. All comments directed The current operating schedule for the
limit for public housing residency?
to steps that HUD and PHAs can take to bridge is set out in 33 CFR 117.233 (a)
Should such higher amount be
ensure availability of public housing issued September 11, 2006. As outlined
determined by dollar amount, by a
units for individuals and families in this regulation, the Norfolk Southern
mstockstill on DSK4VPTVN1PROD with PROPOSALS
percentage, or as a function of the
meeting the income limits are welcome. Railroad Bridge shall open on signal if
current income limit, and what should
at least four hours notice is given. The
the amount be? Dated: January 25, 2016.
Fifth Coast Guard District Commander
2. Should area cost of living and Lourdes Castro Ramı́rez, received a request from the bridge
family finances be taken into Principal Deputy Assistant Secretary for owner in July 2015 to consider making
Public and Indian Housing. a permanent change to the operating
2 This letter can be found at http://portal.hud.gov/
[FR Doc. 2016–01921 Filed 2–2–16; 8:45 am] regulation for the Norfolk Southern
hudportal/HUD?src=/program_offices/public_
indian_housing/programs/ph. BILLING CODE 4210–67–P Railroad Bridge per 33 CFR 117.8(a).
VerDate Sep<11>2014 17:55 Feb 02, 2016 Jkt 238001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\03FEP1.SGM 03FEP1](https://thefederalregister.org/doc/81_FR_5701/page/1.svg)
![Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 5681
actions which do not individually or instructions. Additionally, if you go to avoidance program. This action is
cumulatively have a significant effect on the online docket and sign up for email necessary to minimize Chinook and
the human environment. This proposed alerts, you will be notified when chum salmon bycatch in the Bering Sea
rule simply promulgates the operating comments are posted or a final rule is pollock fishery to the extent practicable
regulations or procedures for published. while maintaining the potential for the
drawbridges. Normally such actions are full harvest of the pollock total
categorically excluded from further List of Subjects in 33 CFR Part 117
allowable catch within specified
review, under figure 2–1, paragraph Bridges. prohibited species catch limits.
(32)(e), of the Instruction. For the reasons discussed in the Amendment 110 is intended to promote
Under figure 2–1, paragraph (32)(e), of preamble, the Coast Guard proposes to the goals and objectives of the
the Instruction, an environmental amend 33 CFR part 117 as follows: Magnuson-Stevens Fishery
analysis checklist and a categorical Conservation and Management Act, the
exclusion determination are not PART 117—DRAWBRIDGE FMP, and other applicable laws.
required for this rule. We seek any OPERATION REGULATIONS DATES: Comments must be received no
comments or information that may lead
■ 1. The authority citation for part 117 later than March 4, 2016.
to the discovery of a significant
environmental impact from this continues to read as follows: ADDRESSES: You may submit comments
proposed rule. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; on this document, identified by NOAA–
Department of Homeland Security Delegation NMFS–2015–0081 of the following
G. Protest Activities methods:
No. 0170.1.
The Coast Guard respects the First
■ 2. Revise § 117.233(a) to read as • Electronic Submission: Submit all
Amendment rights of protesters. electronic public comments via the
Protesters are asked to contact the follows:
Federal e-Rulemaking Portal. Go to
person listed in the FOR FURTHER § 117.233 Broad Creek. www.regulations.gov/
INFORMATION CONTACT section to (a) The draw of the Norfolk Southern #!docketDetail;D=NOAA-NMFS-2015-
coordinate protest activities so that your bridge at mile 8.0, at Laurel, need not 0081, click the ‘‘Comment Now!’’ icon,
message can be received without open for the passage of vessels. complete the required fields, and enter
jeopardizing the safety or security of or attach your comments.
* * * * *
people, places or vessels. • Mail: Submit written comments to
Dated: January 14, 2016. Glenn Merrill, Assistant Regional
V. Public Participation and Request for
Stephen P. Metruck, Administrator, Sustainable Fisheries
Comments
Rear Admiral, United States Coast Guard Division, Alaska Region NMFS, Attn:
We view public participation as Commander, Fifth Coast Guard District. Ellen Sebastian. Mail comments to P.O.
essential to effective rulemaking, and [FR Doc. 2016–01897 Filed 2–2–16; 8:45 am] Box 21668, Juneau, AK 99802–1668.
will consider all comments and material BILLING CODE 9110–04–P Instructions: Comments sent by any
received during the comment period.
other method, to any other address or
Your comment can help shape the
individual, or received after the end of
outcome of this rulemaking. If you
DEPARTMENT OF COMMERCE the comment period, may not be
submit a comment, please include the
considered by NMFS. All comments
docket number for this rulemaking, National Oceanic and Atmospheric received are a part of the public record
indicate the specific section of this Administration and will generally be posted for public
document to which each comment
viewing on www.regulations.gov
applies, and provide a reason for each 50 CFR Part 679 without change. All personal identifying
suggestion or recommendation.
We encourage you to submit [Docket No. 150629562–6025–01] information (e.g., name, address),
comments through the Federal confidential business information, or
RIN 0648–BF25 otherwise sensitive information
eRulemaking Portal at http://
www.regulations.gov. If your material submitted voluntarily by the sender will
Fisheries of the Exclusive Economic be publicly accessible. NMFS will
cannot be submitted using http:// Zone Off Alaska; Bycatch Management
www.regulations.gov, contact the person accept anonymous comments (enter ‘‘N/
in the Bering Sea Pollock Fishery A’’ in the required fields if you wish to
in the FOR FURTHER INFORMATION
CONTACT section of this document for AGENCY: National Marine Fisheries remain anonymous).
alternate instructions. Service (NMFS), National Oceanic and Electronic copies of Amendment 110
We accept anonymous comments. All Atmospheric Administration (NOAA), and the Environmental Assessment/
comments received will be posted Commerce. Regulatory Impact Review/Initial
without change to http:// ACTION: Proposed rule; request for
Regulatory Flexibility Analysis (EA/
www.regulations.gov and will include comments. RIR/IRFA) prepared for this action
any personal information you have (collectively the ‘‘Analysis’’) may be
provided. For more about privacy and SUMMARY: NMFS proposes regulations to obtained from www.regulations.gov.
the docket, you may review a Privacy implement Amendment 110 to the Written comments regarding the
Act notice regarding the Federal Docket Fishery Management Plan for burden-hour estimates or other aspects
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Management System in the March 24, Groundfish of the Bering Sea and of the collection-of-information
2005, issue of the Federal Register (70 Aleutian Islands Management Area requirements contained in this rule may
FR 15086). (FMP). If approved, Amendment 110 be submitted by mail to NMFS Alaska
Documents mentioned in this and this proposed rule would improve Region, P.O. Box 21668, Juneau, AK
document, and all public comments, are the management of Chinook and chum 99802–1668, Attn: Ellen Sebastian,
in our online docket at http:// salmon bycatch in the Bering Sea Records Officer; in person at NMFS
www.regulations.gov and can be viewed pollock fishery by creating a Alaska Region, 709 West 9th Street,
by following that Web site’s comprehensive salmon bycatch Room 420A, Juneau, AK; and by email
VerDate Sep<11>2014 17:55 Feb 02, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 E:\FR\FM\03FEP1.SGM 03FEP1](https://thefederalregister.org/doc/81_FR_5701/page/3.svg)
Document Created: 2016-02-03 00:40:13
Document Modified: 2016-02-03 00:40:13
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must reach the Coast Guard on or before March 21, 2016. | |
| Contact | If you have questions on this proposed rule, call or email Mrs. Jessica Shea, Fifth Coast Guard District (dpb), at (757) 398-6422, email [email protected] | |
| FR Citation | 81 FR 5679 | |
| RIN Number | 1625-AA09 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR