81 FR 78952 - Drawbridge Operation Regulation; Rice Creek, Putnam County, FL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 218 (November 10, 2016)
Coast Guard
Federal Register Volume 81, Issue 218 (November 10, 2016)
| Page Range | 78952-78954 | |
| FR Document | 2016-27176 |
[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)] [Proposed Rules] [Pages 78952-78954] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27176] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0523] RIN 1625-AA09 Drawbridge Operation Regulation; Rice Creek, Putnam County, FL AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to modify the operating schedule that governs the CSX Railroad Bridge across the Rice Creek, mile 0.8, in Palatka, Putnam County, FL. This proposed rule would change the existing open on demand during the day and 24 hour advance notice for a bridge opening during the night, to 24 hour advance notice for an opening at all times. This proposal is being made due to the minimal drawbridge openings requested over the past several years. This modification would allow the bridge owner to leave the bridge unmanned other than when an opening is requested and it would have little to no effect on navigation. DATES: Comments and related material must reach the Coast Guard on or before January 9, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0523 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 Mr. Rod Elkins with the Coast Guard; telephone 305- 415-6989, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code [[Page 78953]] II. Background, Purpose and Legal Basis On May 18th, 2015, CSX Transportation requested the Coast Guard consider allowing the CSX Railroad Bridge across Rice Creek to be converted from a movable bridge to a fixed bridge. Their request was made due to the minimal drawbridge openings requested over the past several years. The Coast Guard determined that converting the bridge to a fixed structure was not reasonable to navigation, because it would restrict vessels from using the waterway. CSX then requested modifying the bridge operations to 24 hour advance notice at all times. CSX provided the Coast Guard a summary of bridge opening logs that show eight openings in 2015, three openings in 2014, and three openings in 2013. The data supporting the request will be included in the electronic docket for this proposed rulemaking. The CSX Railroad Bridge across the Rice Creek, mile 0.8, in Palatka, Putnam County, FL is a swing bridge. It has a vertical clearance of 2 feet at mean high water in the closed position and a horizontal clearance of 30 feet. Presently, in accordance with 33 CFR 117.324, the Rice Creek CSX Railroad Swing Bridge is required to open on signal for the passage of vessels from 8 a.m. to 4 p.m., daily. From 4:01 p.m. to 7:59 a.m., daily, the bridge shall open with a 24-hour advance notice to CSX. III. Discussion of Proposed Rule The Coast Guard proposes to modify the operating schedule that governs the CSX Railroad Bridge across Rice Creek, mile 0.8, in Palatka, Putnam County, FL. This proposed regulation would implement a 24 hour advance notice to CSX for an opening at all times. This proposed change will still allow vessels to pass through the bridge while taking into account the reasonable needs of other modes of transportation. IV. 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 and Executive Orders and we also discuss First Amendment rights of protestors. 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 NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the limited impact that it is anticipated to have on vessel traffic on Rice Creek as there are infrequent requests to open the bridge while taking into account the needs of rail traffic. The bridge will be able to open with the requisite amount of advanced notice. Vessels that can transit under the bridge without an opening may do so. 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, for the reasons stated in section IV.A above 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 Executive Order 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 actions which do not individually or cumulatively have a significant effect on the human environment. This proposed [[Page 78954]] rule 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 notice, 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. Amend Sec. 117.324 to read as follows: Sec. 117.324 Rice Creek. The CSX Railroad Swing Bridge, mile 0.8, in Putnam County, shall open with a 24-hour advance notice to CSX at 1-800-232-0142. Dated: November 4, 2016. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2016-27176 Filed 11-9-16; 8:45 am] BILLING CODE 9110-04-P
![78952 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Proposed Rules
National Environmental Policy Act List of Subjects in 32 CFR Part 637 Subpart B—[Reserved]
The Department of the Army has Law enforcement, Law enforcement [FR Doc. 2016–27163 Filed 11–9–16; 8:45 am]
determined that this rule is not covered officers, Law enforcement operations, BILLING CODE 500–03–P
under the National Environmental Detention operations.
Policy Act because the rule does not Thomas S. Blair,
have a significant impact on the Chief, Law Enforcement Branch.
environment. DEPARTMENT OF HOMELAND
■ For reasons discussed in the SECURITY
Paperwork Reduction Act preamble, the Department of the Army
proposes to revise 32 CFR part 637 as Coast Guard
The Department of the Army has
follows:
determined that the Paperwork
33 CFR Part 117
Reduction Act does not apply because PART 637—LAW ENFORCEMENT
the rule does not involve collection of OPERATIONS AND INVESTIGATIONS
information from the public. [Docket No. USCG–2016–0523]
Subpart A—Detention Cell Operations
Executive Order 12630 (Government Sec. RIN 1625–AA09
Actions and Interference With 637.1 Objective and policy.
Constitutionally Protected Property Drawbridge Operation Regulation; Rice
Subpart B—[Reserved]
Rights) Creek, Putnam County, FL
Authority: 10 U.S.C. 807.
The Department of the Army has AGENCY: Coast Guard, DHS.
determined that Executive Order 12630 Subpart A—Detention Cell Operations ACTION: Notice of proposed rulemaking.
does not apply because the rule does not
impair private property rights. § 637.1 Objective and policy. SUMMARY: The Coast Guard proposes to
(a) Objective. Every effort will be modify the operating schedule that
Executive Order 12866 (Regulatory governs the CSX Railroad Bridge across
taken to ensure that detained personnel
Planning and Review) and Executive the Rice Creek, mile 0.8, in Palatka,
remain in custody only when necessary.
Order 13563 (Improving Regulation Putnam County, FL.
Persons will remain in custody for
and Regulatory Review) This proposed rule would change the
minimum periods, under proper
supervision. All persons in custody are existing open on demand during the day
Although this rule is not and 24 hour advance notice for a bridge
‘‘economically significant’’ because it treated in a humane manner and in an
environment which will not impair opening during the night, to 24 hour
does not have an annual effect on the advance notice for an opening at all
economy of $100 million or more or their health or subject the detainee to
unreasonable discomfort. times. This proposal is being made due
adversely affect in a material way the to the minimal drawbridge openings
economy, it has been deemed ‘‘other (b) Policy. Military and civilian requested over the past several years.
significant’’ for raising novel legal or personnel apprehended by military This modification would allow the
policy issues arising out of legal police may be detained in a military bridge owner to leave the bridge
mandates, the President’s priorities, or police detention cell (D-cell) only when unmanned other than when an opening
the principles set forth in these necessary to prevent escape or to ensure is requested and it would have little to
Executive Orders. For that reason, it has safety of the detainee or others. no effect on navigation.
been reviewed by the Office of (1) Detention of civilian personnel not DATES: Comments and related material
Management and Budget (OMB). subject to the UCMJ is authorized only must reach the Coast Guard on or before
while the civilian personnel are pending January 9, 2017.
Executive Order 13045 (Protection of release to civilian authorities. Detention
Children From Environmental Health ADDRESSES: You may submit comments
of civilian personnel will be done only
Risk and Safety Risks) in the case of a serious felony and when identified by docket number USCG–
the individual is a flight risk, or is a risk 2016–0523 using Federal eRulemaking
The Department of the Army has to self or others, and must be approved Portal at http://www.regulations.gov.
determined that Executive Order 13045 by a commissioned officer designated by See the ‘‘Public Participation and
does not apply because this substantive the senior commander. In no case will Request for Comments’’ portion of the
action in rulemaking is neither SUPPLEMENTARY INFORMATION section
detention exceed 12 hours.
economically significant nor does the below for instructions on submitting
(2) Male and female personnel will comments.
action concern the environmental health not be detained in the same cell
or safety risks to children. simultaneously. FOR FURTHER INFORMATION CONTACT: If
(3) The use of other military service you have questions on this proposed
Executive Order 13132 (Federalism)
or civilian detention facilities to detain rule, call or email Mr. Rod Elkins with
The Department of the Army has personnel in police custody is the Coast Guard; telephone 305–415–
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
determined that according to the criteria authorized. When other military service 6989, email rodney.j.elkins@uscg.mil.
defined in Executive Order 13132 this facilities are used, the time limitations SUPPLEMENTARY INFORMATION:
rule does not apply because it will not and other procedures described above I. Table of Abbreviations
have a substantial effect on the States, apply. Only those civilian facilities that
on the relationship between the national have been evaluated by the U.S. Marshal CFR Code of Federal Regulations
government and the States, or on the Service and deemed appropriate for use DHS Department of Homeland Security
FR Federal Register
distribution of power and will be utilized. NPRM Notice of proposed rulemaking
responsibilities among the various (4) Juveniles will not be detained in § Section
levels of government. Army LE D-cells. U.S.C. United States Code
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![78954 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Proposed Rules
rule promulgates the operating comments are posted or a final rule is significantly to nonattainment in, or
regulations or procedures for published. interfere with maintenance by, any
drawbridges. Normally such actions are other state with regard to the 1997
List of Subjects in 33 CFR Part 117
categorically excluded from further national ambient air quality standard
review, under figure 2–1, paragraph Bridges. (NAAQS) for fine particulate matter
(32)(e), of the Instruction. For the reasons discussed in the (PM2.5), and that the EPA therefore will
Under figure 2–1, paragraph (32)(e), of preamble, the Coast Guard proposes to have no obligation to issue new FIP
the Instruction, an environmental amend 33 CFR part 117 as follows: requirements for Texas sources to
analysis checklist and a categorical address transported PM2.5 pollution
exclusion determination are not PART 117—DRAWBRIDGE under Clean Air Act (CAA) section
required for this rule. We seek any OPERATION REGULATIONS 110(a)(2)(D)(i)(I) with regard to that
comments or information that may lead NAAQS. Finally, the proposal includes
to the discovery of a significant ■ 1. The authority citation for part 117
continues to read as follows: a sensitivity analysis showing that the
environmental impact from this set of actions the EPA has taken or
proposed rule. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; expects to take in response to the D.C.
Department of Homeland Security Delegation Circuit’s decision, including the
G. Protest Activities No. 0170.1.
removal of Texas EGUs from the two
The Coast Guard respects the First ■ 2. Amend § 117.324 to read as follows: CSAPR trading programs as well as the
Amendment rights of protesters.
recent removal of Florida EGUs from
Protesters are asked to contact the § 117.324 Rice Creek.
Phase 2 of the CSAPR trading programs
person listed in the FOR FURTHER The CSX Railroad Swing Bridge, mile for ozone-season NOX emissions, would
INFORMATION CONTACT section to 0.8, in Putnam County, shall open with not adversely impact the analytic
coordinate protest activities so that your a 24-hour advance notice to CSX at 1– demonstration for the Agency’s 2012
message can be received without 800–232–0142. determination that CSAPR participation
jeopardizing the safety or security of Dated: November 4, 2016. meets the Regional Haze Rule’s criteria
people, places or vessels.
S.A. Buschman, to qualify as an alternative to the
V. Public Participation and Request for Rear Admiral, U.S. Coast Guard, Commander, application of best available retrofit
Comments Seventh Coast Guard District. technology (BART). No changes to the
We view public participation as [FR Doc. 2016–27176 Filed 11–9–16; 8:45 am] Regional Haze Rule are proposed as part
essential to effective rulemaking, and BILLING CODE 9110–04–P of this rulemaking.
will consider all comments and material DATES: Comments must be received on
received during the comment period. or before December 12, 2016. To request
Your comment can help shape the ENVIRONMENTAL PROTECTION a public hearing, please contact the
outcome of this rulemaking. If you AGENCY person listed in the FOR FURTHER
submit a comment, please include the INFORMATION CONTACT section below by
docket number for this rulemaking, 40 CFR Part 52 November 17, 2016. The EPA does not
indicate the specific section of this [EPA–HQ–OAR–2016–0598; FRL–9955–00– plan to conduct a public hearing unless
document to which each comment OAR] requested.
applies, and provide a reason for each
RIN 2060–AT16 ADDRESSES: Submit your comments,
suggestion or recommendation.
We encourage you to submit identified by Docket ID No. EPA–HQ–
Interstate Transport of Fine Particulate OAR–2016–0598, at http://
comments through the Federal
Matter: Revision of Federal www.regulations.gov. Follow the online
eRulemaking Portal at http://
Implementation Plan Requirements for instructions for submitting comments.
www.regulations.gov. If your material
Texas Once submitted, comments cannot be
cannot be submitted using http://
www.regulations.gov, contact the person AGENCY: Environmental Protection edited or removed from Regulations.gov.
in the FOR FURTHER INFORMATION Agency (EPA). The EPA may publish any comment
CONTACT section of this document for ACTION: Proposed rule. received to its public docket. Do not
alternate instructions. submit electronically any information
We accept anonymous comments. All SUMMARY: The Environmental Protection you consider to be Confidential
comments received will be posted Agency (EPA) is proposing to withdraw Business Information (CBI) or other
without change to http:// the federal implementation plan (FIP) information whose disclosure is
www.regulations.gov and will include provisions that require affected restricted by statute. Multimedia
any personal information you have electricity generating units (EGUs) in submissions (audio, video, etc.) must be
provided. For more about privacy and Texas to participate in Phase 2 of the accompanied by a written comment.
the docket, you may review a Privacy Cross-State Air Pollution Rule (CSAPR) The written comment is considered the
Act notice regarding the Federal Docket trading programs for annual emissions official comment and should include
Management System in the March 24, of sulfur dioxide (SO2) and nitrogen discussion of all points you wish to
2005, issue of the Federal Register (70 oxides (NOX). Withdrawal of the FIP make. The EPA will generally not
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
FR 15086). requirements is intended to address a consider comments or comment
Documents mentioned in this notice, decision of the U.S. Court of Appeals for contents located outside of the primary
and all public comments, are in our the District of Columbia Circuit (D.C. submission (i.e., on the web, cloud, or
online docket at http:// Circuit) remanding the CSAPR Phase 2 other file sharing system). For
www.regulations.gov and can be viewed SO2 budget for Texas to the EPA for additional submission methods, the full
by following that Web site’s reconsideration. The EPA is also EPA public comment policy,
instructions. Additionally, if you go to proposing to determine that, following information about CBI or multimedia
the online docket and sign up for email withdrawal of the FIP requirements, submissions, and general guidance on
alerts, you will be notified when sources in Texas will not contribute making effective comments, please visit
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Document Created: 2016-11-10 01:43:42
Document Modified: 2016-11-10 01:43:42
| 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 January 9, 2017. | |
| Contact | If you have questions on this proposed rule, call or email Mr. Rod Elkins with the Coast Guard; telephone 305- 415-6989, email [email protected] | |
| FR Citation | 81 FR 78952 | |
| RIN Number | 1625-AA09 |
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