81_FR_8876 81 FR 8841 - Drawbridge Operation Regulation; Acushnet River, New Bedford and Fairhaven, MA

81 FR 8841 - Drawbridge Operation Regulation; Acushnet River, New Bedford and Fairhaven, MA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 35 (February 23, 2016)

Page Range8841-8843
FR Document2016-03789

The Coast Guard is making a correction to the operating schedule that governs the New Bedford-Fairhaven Rt-6 Bridge, mile 0.0, across the Acushnet River, between New Bedford and Fairhaven, MA. On July 1, 2013, a technical amendment was published that updated the name of the bridge, however, the requested correction was drafted incorrectly and three subparagraphs were inadvertently removed from the section.

Federal Register, Volume 81 Issue 35 (Tuesday, February 23, 2016)
[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Rules and Regulations]
[Pages 8841-8843]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03789]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0058]
RIN 1625-AA09


Drawbridge Operation Regulation; Acushnet River, New Bedford and 
Fairhaven, MA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is making a correction to the operating 
schedule that governs the New Bedford-Fairhaven Rt-6 Bridge, mile 0.0, 
across the Acushnet River, between New Bedford and Fairhaven, MA. On 
July 1, 2013, a technical amendment was published that updated the name 
of the bridge, however, the requested correction was drafted 
incorrectly and three subparagraphs were inadvertently removed from the 
section.

DATES: This rule is effective February 23, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type [USCG-
2016-0058]. 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 Mr. Christopher J. Bisignano, Supervisory Bridge 
Management Specialist, First Coast Guard District, Coast Guard; 
telephone (212) 514-4331 or 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

II. Background Information and Regulatory History

    Each year on July 1, the printed edition of Title 33 of the Code of 
Federal Regulations (CFR) is recodified. On July 1, 2013, the Coast 
Guard published a Final Rule entitled, ``Navigation and Navigable 
Waters; Technical, Organizational, and Conforming Amendments'' in the 
Federal Register (78 FR 39163). This 2013 rule made technical and 
editorial corrections throughout Title 33 but did not create any 
substantive requirements. In this rule the Coast Guard requested that 
the term ``drawspan'' be replaced with the actual name of the bridge 
(New Bedford-Fairhaven Rt-6 Bridge) in 33 CFR 117.585(a). However, 
misinterpretation of the asterisks in the regulatory text, which were 
used to denote that all paragraphs and subordinate paragraphs after 
paragraph (a) in Sec.  117.585 were to remain unchanged, caused the 
subparagraphs (1) through (3) to be removed.
    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to

[[Page 8842]]

comment when the agency for good cause finds that those procedures are 
``impracticable, unnecessary, or contrary to the public interest.'' 
Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for 
not publishing a notice of proposed rulemaking (NPRM) with respect to 
this rule because the publishing of the Final Rule entitled, 
``Navigation and Navigable Waters; Technical, Organizational, and 
Conforming Amendments,'' in the Federal Register (78 FR 39163) on July 
1, 2013, inadvertently removed established regulatory language. The 
three subparagraphs under 33 CFR 117.585(a) were inadvertently removed 
from the CFR. Therefore, it is unnecessary to issue a rule without 
prior notice and opportunity to comment.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective in less 
than 30 days after publication in the Federal Register for the same 
reasons as stated above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The purpose of this rule is to correct an error that occurred in 
the publication of the Final Rule on July 1, 2013, entitled, 
``Navigation and Navigable Waters; Technical, Organizational, and 
Conforming Amendments,'' in the Federal Register (78 FR 39163). The use 
of the asterisks in the regulatory text were misinterpreted causing 
subparagraphs (1) through (3) to be inadvertently removed from 33 CFR 
117.585(a).
    The New Bedford-Fairhaven Rt-6 Bridge remains an active bridge and 
subparagraph's (1) through (3) contain the actual operating schedule 
for the bridge. The bridge continues to operate under that schedule and 
the subparagraphs need to be reinserted into 33 CFR 117.585(a) to 
inform the public of the legal operating schedule of the bridge.

IV. Discussion of Final Rule

    This rule will correct 33 CFR 117.585(a) by restoring subparagraphs 
(1) through (3) which contain the actual operating schedule for the New 
Bedford-Fairhaven Rt-6 Bridge. As paragraph (a) is currently codified 
in the rule, there is only the introductory language. This language by 
itself does not explain to the public the operating schedule for the 
bridge. The intention of this rule is to restore the operating language 
to 33 CFR 117.585(a) as it appeared immediately prior to the July 1, 
2013, codification of 33 CFR.

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.
    The Coast Guard does not consider this rule to be ``significant'' 
under that Order because it corrects inadvertently omitted language 
that is consistent with the current operation of the bridge. Therefore, 
this rule does not affect the way vessels operate on the waterway near 
and through the bridge.

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 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. While the operating schedule was 
inadvertently removed from the rule, the bridge continues to operate as 
it had prior to the removal of the operating schedule in the CFR.
    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 expenditure, we

[[Page 8843]]

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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.585(a) to read as follows:


Sec.  117.585  Acushnet River.

    (a) The New Bedford-Fairhaven RT-6 Bridge, mile 0.0 will be opened 
promptly, provided proper signal is given, on the following schedule:
    (1) On the hour between 6 a.m. and 10 a.m. inclusive.
    (2) At a quarter past the hour between 11:15 a.m. and 6:15 p.m. 
inclusive.
    (3) At all other times on call.
* * * * *

    Dated: February 8, 2016.
L.L. Fagan,
Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-03789 Filed 2-22-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations                                         8841

                                                  DEPARTMENT OF HOMELAND                                  however this deviation will have no                   technical amendment was published
                                                  SECURITY                                                effect on that schedule.                              that updated the name of the bridge,
                                                                                                             Due to the nature of the work, vessels             however, the requested correction was
                                                  Coast Guard                                             that require less than 45 feet of                     drafted incorrectly and three
                                                                                                          clearance do not need to request an                   subparagraphs were inadvertently
                                                  33 CFR Part 117                                         opening and may transit safely under                  removed from the section.
                                                                                                          the bridge in the closed position.                    DATES: This rule is effective February
                                                  [Docket No. USCG–2016–0113]                             Vessels that require more than 45 feet of             23, 2016.
                                                                                                          clearance but less than 65 feet must                  ADDRESSES: To view documents
                                                  Drawbridge Operation Regulation;                        provide 30 minutes advanced notice of                 mentioned in this preamble as being
                                                  Cape Fear River, Wilmington, NC                         their transit. The snooper crane that will            available in the docket, go to http://
                                                                                                          hang over the side of the bridge to                   www.regulations.gov, type [USCG–
                                                  AGENCY: Coast Guard, DHS.
                                                                                                          inspect the bridge will be removed to                 2016–0058]. In the ‘‘SEARCH’’ box and
                                                  ACTION:Notice of deviation from                         allow for safe transit. Vessels that
                                                  drawbridge regulation.                                                                                        click ‘‘SEARCH.’’ Click on Open Docket
                                                                                                          require 65 feet or greater of clearance               Folder on the line associated with this
                                                                                                          must provide one hour advance notice                  rulemaking.
                                                  SUMMARY:    The Coast Guard has issued a
                                                                                                          so equipment and personnel can be
                                                  temporary deviation from the operating                                                                        FOR FURTHER INFORMATION CONTACT: If
                                                                                                          moved to a safe location to allow for
                                                  schedule that governs the Cape Fear                                                                           you have questions on this rule, call or
                                                                                                          vessel transit. The bridge will be able to
                                                  Memorial Bridge which carries US 17                                                                           email Mr. Christopher J. Bisignano,
                                                                                                          open for emergencies and there is no
                                                  across the Cape Fear River, mile 26.8, at                                                                     Supervisory Bridge Management
                                                                                                          alternate route for vessels. Most
                                                  Wilmington, North Carolina. The                                                                               Specialist, First Coast Guard District,
                                                                                                          waterway traffic consists of recreational
                                                  deviation is necessary to facilitate                                                                          Coast Guard; telephone (212) 514–4331
                                                                                                          boats with a few barges and tugs. The
                                                  routine biennial maintenance and                                                                              or email Christopher.J.Bisignano@
                                                                                                          Coast Guard will also inform the users
                                                  inspection of the lift span for the bridge.                                                                   uscg.mil.
                                                                                                          of the waterways through our Local and
                                                  This deviation allows the bridge to open
                                                                                                          Broadcast Notice to Mariners of the                   SUPPLEMENTARY INFORMATION:
                                                  with an advanced notice instead of
                                                                                                          change in operating schedule for the
                                                  opening on signal.                                                                                            I. Table of Abbreviations
                                                                                                          bridge so that vessel operators can
                                                  DATES: This deviation is effective from                 arrange their transits to minimize any                CFR Code of Federal Regulations
                                                  9 a.m. on March 7, 2016, through 4 p.m.                 impact caused by this temporary                       DHS Department of Homeland Security
                                                  on March 17, 2016.                                      deviation.                                            FR Federal Register
                                                  ADDRESSES: The docket for this                             In accordance with 33 CFR 117.35(e),               NPRM Notice of proposed rulemaking
                                                  deviation, [USCG–2016–0113] is                                                                                § Section
                                                                                                          the drawbridge must return to its regular             U.S.C. United States Code
                                                  available at http://www.regulations.gov.                operating schedule immediately at the
                                                  Type the docket number in the                           end of this effective period of this                  II. Background Information and
                                                  ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                    temporary deviation. This deviation                   Regulatory History
                                                  Click on Open Docket Folder on the line                 from the operating regulations is                        Each year on July 1, the printed
                                                  associated with this deviation.                         authorized under 33 CFR 117.35.                       edition of Title 33 of the Code of Federal
                                                  FOR FURTHER INFORMATION CONTACT: If                       Dated: February 18, 2016.                           Regulations (CFR) is recodified. On July
                                                  you have questions on this rule, call or                Hal R. Pitts,                                         1, 2013, the Coast Guard published a
                                                  email Mrs. Jessica Shea, Fifth Coast                    Bridge Program Manager, Fifth Coast Guard             Final Rule entitled, ‘‘Navigation and
                                                  Guard District (dpb), at (757) 398–6422,                District.                                             Navigable Waters; Technical,
                                                  email jessica.c.shea2@uscg.mil.                         [FR Doc. 2016–03723 Filed 2–22–16; 8:45 am]           Organizational, and Conforming
                                                  SUPPLEMENTARY INFORMATION: The North                    BILLING CODE 9110–04–P                                Amendments’’ in the Federal Register
                                                  Carolina Department of Transportation                                                                         (78 FR 39163). This 2013 rule made
                                                  has requested a temporary deviation                                                                           technical and editorial corrections
                                                  from the current operating schedule for                 DEPARTMENT OF HOMELAND                                throughout Title 33 but did not create
                                                  the Cape Fear Memorial Bridge that                      SECURITY                                              any substantive requirements. In this
                                                  carries US 17 across the Cape Fear                                                                            rule the Coast Guard requested that the
                                                  River, mile 26.8, at Wilmington, NC.                    Coast Guard                                           term ‘‘drawspan’’ be replaced with the
                                                  The requested deviation will                                                                                  actual name of the bridge (New Bedford-
                                                  accommodate the routine biennial                        33 CFR Part 117                                       Fairhaven Rt-6 Bridge) in 33 CFR
                                                  maintenance and inspection of the                       [Docket No. USCG–2016–0058]                           117.585(a). However, misinterpretation
                                                  vertical lift span for the drawbridge. To                                                                     of the asterisks in the regulatory text,
                                                  facilitate this work, the draw of the                   RIN 1625–AA09                                         which were used to denote that all
                                                  bridge will be maintained in the closed-                                                                      paragraphs and subordinate paragraphs
                                                  to-navigation position every day from 9                 Drawbridge Operation Regulation;                      after paragraph (a) in § 117.585 were to
                                                  a.m. until 4 p.m. March 7 through 10,                   Acushnet River, New Bedford and                       remain unchanged, caused the
                                                  2016 and again every day from 9 a.m.                    Fairhaven, MA                                         subparagraphs (1) through (3) to be
                                                  until 4 p.m. March 14 through 17, 2016.                 AGENCY:    Coast Guard, DHS.                          removed.
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  The bridge will open on signal at all                   ACTION:   Final rule.                                    The Coast Guard is issuing this final
                                                  other times.                                                                                                  rule without prior notice and
                                                     The Cape Fear Memorial Bridge has a                  SUMMARY:  The Coast Guard is making a                 opportunity to comment pursuant to
                                                  vertical clearance of 65 feet above mean                correction to the operating schedule that             authority under section 4(a) of the
                                                  high water (MHW) in the closed                          governs the New Bedford-Fairhaven Rt-                 Administrative Procedure Act (APA) (5
                                                  position and 135 feet above MHW in the                  6 Bridge, mile 0.0, across the Acushnet               U.S.C. 553(b)). This provision
                                                  open position. It also has an operating                 River, between New Bedford and                        authorizes an agency to issue a rule
                                                  schedule set out in 33 CFR 117.822;                     Fairhaven, MA. On July 1, 2013, a                     without prior notice and opportunity to


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                                                  8842             Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations

                                                  comment when the agency for good                        V. Regulatory Analyses                                organization, or governmental
                                                  cause finds that those procedures are                     We developed this rule after                        jurisdiction and you have questions
                                                  ‘‘impracticable, unnecessary, or contrary               considering numerous statutes and                     concerning its provisions or options for
                                                  to the public interest.’’ Under 5 U.S.C.                Executive Orders related to rulemaking.               compliance, please contact the person
                                                  553(b), the Coast Guard finds that good                 Below we summarize our analyses                       listed in the FOR FURTHER INFORMATION
                                                  cause exists for not publishing a notice                based on a number of these statutes and               CONTACT, above. Small businesses may
                                                  of proposed rulemaking (NPRM) with                                                                            send comments on the actions of
                                                                                                          Executive Orders, and we discuss First
                                                  respect to this rule because the                                                                              Federal employees who enforce, or
                                                                                                          Amendment rights of protesters.
                                                  publishing of the Final Rule entitled,                                                                        otherwise determine compliance with,
                                                  ‘‘Navigation and Navigable Waters;                      A. Regulatory Planning and Review                     Federal regulations to the Small
                                                  Technical, Organizational, and                             Executive Orders 12866 and 13563                   Business and Agriculture Regulatory
                                                  Conforming Amendments,’’ in the                         direct agencies to assess the costs and               Enforcement Ombudsman and the
                                                  Federal Register (78 FR 39163) on July                  benefits of available regulatory                      Regional Small Business Regulatory
                                                  1, 2013, inadvertently removed                          alternatives and, if regulation is                    Fairness Boards. The Ombudsman
                                                  established regulatory language. The                    necessary, to select regulatory                       evaluates these actions annually and
                                                  three subparagraphs under 33 CFR                        approaches that maximize net benefits.                rates each agency’s responsiveness to
                                                  117.585(a) were inadvertently removed                                                                         small business. If you wish to comment
                                                                                                          Executive Order 13563 emphasizes the
                                                  from the CFR. Therefore, it is                                                                                on actions by employees of the Coast
                                                                                                          importance of quantifying both costs
                                                  unnecessary to issue a rule without                                                                           Guard, call 1–888–REG–FAIR (1–888–
                                                                                                          and benefits, of reducing costs, of
                                                  prior notice and opportunity to                                                                               734–3247). The Coast Guard will not
                                                                                                          harmonizing rules, and of promoting
                                                  comment.                                                                                                      retaliate against small entities that
                                                                                                          flexibility. This rule has not been
                                                     We are issuing this rule under 5                                                                           question or complain about this rule or
                                                                                                          designated a ‘‘significant regulatory
                                                  U.S.C. 553(d)(3), the Coast Guard finds                                                                       any policy or action of the Coast Guard.
                                                                                                          action,’’ under Executive Order 12866.
                                                  that good cause exists for making this
                                                                                                          Accordingly, it has not been reviewed                 C. Collection of Information
                                                  rule effective in less than 30 days after
                                                                                                          by the Office of Management and                         This rule calls for no new collection
                                                  publication in the Federal Register for
                                                                                                          Budget.                                               of information under the Paperwork
                                                  the same reasons as stated above.
                                                                                                             The Coast Guard does not consider                  Reduction Act of 1995 (44 U.S.C. 3501–
                                                  III. Legal Authority and Need for Rule                  this rule to be ‘‘significant’’ under that            3520).
                                                     The Coast Guard is issuing this rule                 Order because it corrects inadvertently
                                                  under authority 33 U.S.C. 499.                          omitted language that is consistent with              D. Federalism and Indian Tribal
                                                     The purpose of this rule is to correct               the current operation of the bridge.                  Government
                                                  an error that occurred in the publication               Therefore, this rule does not affect the                 A rule has implications for federalism
                                                  of the Final Rule on July 1, 2013,                      way vessels operate on the waterway                   under Executive Order 13132,
                                                  entitled, ‘‘Navigation and Navigable                    near and through the bridge.                          Federalism, if it has a substantial direct
                                                  Waters; Technical, Organizational, and                  B. Impact on Small Entities                           effect on the States, on the relationship
                                                  Conforming Amendments,’’ in the                                                                               between the national government and
                                                  Federal Register (78 FR 39163). The use                    The Regulatory Flexibility Act of 1980             the States, or on the distribution of
                                                  of the asterisks in the regulatory text                 (RFA), 5 U.S.C. 601–612, as amended,                  power and responsibilities among the
                                                  were misinterpreted causing                             requires federal agencies to consider the             various levels of government. We have
                                                  subparagraphs (1) through (3) to be                     potential impact of regulations on small              analyzed this rule under that Order and
                                                  inadvertently removed from 33 CFR                       entities during rulemaking. The term                  have determined that it is consistent
                                                  117.585(a).                                             ‘‘small entities’’ comprises small                    with the fundamental federalism
                                                     The New Bedford-Fairhaven Rt-6                       businesses, not-for-profit organizations              principles and preemption requirements
                                                  Bridge remains an active bridge and                     that are independently owned and                      described in Executive Order 13132.
                                                  subparagraph’s (1) through (3) contain                  operated and are not dominant in their                   Also, this rule does not have tribal
                                                  the actual operating schedule for the                   fields, and governmental jurisdictions                implications under Executive Order
                                                  bridge. The bridge continues to operate                 with populations of less than 50,000.                 13175, Consultation and Coordination
                                                  under that schedule and the                             The Coast Guard certifies under 5 U.S.C.              with Indian Tribal Governments,
                                                  subparagraphs need to be reinserted into                605(b) that this rule will not have a                 because it does not have a substantial
                                                  33 CFR 117.585(a) to inform the public                  significant economic impact on a                      direct effect on one or more Indian
                                                  of the legal operating schedule of the                  substantial number of small entities.                 tribes, on the relationship between the
                                                  bridge.                                                    While some owners or operators of                  Federal Government and Indian tribes,
                                                                                                          vessels intending to transit the bridge               or on the distribution of power and
                                                  IV. Discussion of Final Rule                            may be small entities, for the reasons                responsibilities between the Federal
                                                     This rule will correct 33 CFR                        stated in section V.A. above, this rule               Government and Indian tribes.
                                                  117.585(a) by restoring subparagraphs                   will not have a significant economic
                                                  (1) through (3) which contain the actual                impact on any vessel owner or operator.               E. Unfunded Mandates Reform Act
                                                  operating schedule for the New Bedford-                 While the operating schedule was                        The Unfunded Mandates Reform Act
                                                  Fairhaven Rt-6 Bridge. As paragraph (a)                 inadvertently removed from the rule,                  of 1995 (2 U.S.C. 1531–1538) requires
                                                  is currently codified in the rule, there is             the bridge continues to operate as it had             Federal agencies to assess the effects of
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  only the introductory language. This                    prior to the removal of the operating                 their discretionary regulatory actions. In
                                                  language by itself does not explain to                  schedule in the CFR.                                  particular, the Act addresses actions
                                                  the public the operating schedule for the                  Under section 213(a) of the Small                  that may result in the expenditure by a
                                                  bridge. The intention of this rule is to                Business Regulatory Enforcement                       State, local, or tribal government, in the
                                                  restore the operating language to 33 CFR                Fairness Act of 1996 (Pub. L. 104–121),               aggregate, or by the private sector of
                                                  117.585(a) as it appeared immediately                   we want to assist small entities in                   $100,000,000 (adjusted for inflation) or
                                                  prior to the July 1, 2013, codification of              understanding this rule. If the rule                  more in any one year. Though this rule
                                                  33 CFR.                                                 would affect your small business,                     will not result in such expenditure, we


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                                                                   Federal Register / Vol. 81, No. 35 / Tuesday, February 23, 2016 / Rules and Regulations                                          8843

                                                  do discuss the effects of this rule                       Dated: February 8, 2016.                            Synopsis of Order on Reconsideration
                                                  elsewhere in this preamble.                             L.L. Fagan,                                           I. Introduction
                                                                                                          Admiral, U.S. Coast Guard, Commander, First
                                                  F. Environment                                                                                                   1. Petitioners The Videohouse, Inc.
                                                                                                          Coast Guard District.
                                                     We have analyzed this rule under                     [FR Doc. 2016–03789 Filed 2–22–16; 8:45 am]
                                                                                                                                                                (Videohouse), Abacus Television
                                                  Department of Homeland Security                                                                               (Abacus), WMTM, LLC (WMTM), and
                                                                                                          BILLING CODE 9110–04–P
                                                  Management Directive 023–01 and                                                                               KMYA, LLC (KMYA) seek
                                                  Commandant Instruction M16475.lD,                                                                             reconsideration of the Commission’s
                                                  which guides the Coast Guard in                                                                               decision, on procedural and substantive
                                                  complying with the National                             FEDERAL COMMUNICATIONS                                grounds, not to protect their broadcast
                                                  Environmental Policy Act of 1969                        COMMISSION                                            television stations in the repacking
                                                  (NEPA) (42 U.S.C. 4321–4370f), and                                                                            process or make them eligible for the
                                                                                                          47 CFR Part 73                                        reverse auction. At the time the Petition
                                                  have made a determination that this
                                                  action is one of a category of actions                                                                        was filed, Videohouse, Abacus, WMTM,
                                                                                                          [GN Docket No. 12–268; FCC 16–12]
                                                  which do not individually or                                                                                  and KMYA were the licensees of the
                                                  cumulatively have a significant effect on               Expanding the Economic and                            following stations, respectively: WOSC–
                                                  the human environment. This rule                        Innovation Opportunities of Spectrum                  CD, Pittsburgh, Pennsylvania; WPTG–
                                                  simply promulgates the operating                        Through Incentive Auctions                            CD, Pittsburgh; WIAV–CD, Washington,
                                                  regulations or procedures for                                                                                 DC; and KKYK–CD, Little Rock,
                                                  drawbridges. This action is categorically               AGENCY:  Federal Communications                       Arkansas. WPTG–CD and KKYK–CD
                                                  excluded from further review, under                     Commission.                                           have since been acquired by Fifth Street
                                                  figure 2–1, paragraph (32)(e), of the                   ACTION: Final rule; petition for                      Enterprise, LLC and Kaleidoscope
                                                  Instruction.                                            reconsideration.                                      Foundation, Inc., respectively. We
                                                     Under figure 2–1, paragraph (32)(e), of                                                                    dismiss and, on alternative and
                                                                                                          SUMMARY:   In this document, the                      independent grounds, deny the Petition.
                                                  the Instruction, an environmental
                                                                                                          Commission dismisses, and on separate                 For the reasons below, we also conclude
                                                  analysis checklist and a categorical
                                                                                                          grounds, denies petitions for                         that WDYB–CD, Daytona Beach, Florida,
                                                  exclusion determination are not
                                                                                                          reconsideration seeking reconsideration               licensed to Latina Broadcasters of
                                                  required for this rule.
                                                                                                          of the Commission’s decisions in the                  Daytona Beach, LLC (Latina), is not
                                                  G. Protest Activities                                   Incentive Auction R&O and the                         entitled to discretionary repacking
                                                    The Coast Guard respects the First                    Incentive Auction Second Order on                     protection or eligible to participate in
                                                  Amendment rights of protesters.                         Reconsideration not to protect certain                the reverse auction.
                                                  Protesters are asked to contact the                     broadcast television stations (WOSC–
                                                                                                          CD, Pittsburgh, PA; WPTG–CD,                          II. Background
                                                  person listed in the FOR FURTHER
                                                                                                          Pittsburgh, PA; WIAV–CD, Washington,                     2. In the Incentive Auction R&O, the
                                                  INFORMATION CONTACT section to
                                                                                                          DC; and KKYK–CD, Little Rock, AK) in                  Commission concluded that the
                                                  coordinate protest activities so that your
                                                                                                          the repacking process or make them                    Spectrum Act mandates that the
                                                  message can be received without
                                                                                                          eligible for the reverse auction. The                 Commission make all reasonable efforts
                                                  jeopardizing the safety or security of
                                                                                                          Commission also concludes that                        to preserve, in the repacking process
                                                  people, places or vessels.
                                                                                                          WDYB–CD, Daytona Beach, Florida is                    associated with the broadcast television
                                                  List of Subjects in 33 CFR Part 117                     not entitled to discretionary repacking               spectrum incentive auction, the
                                                    Bridges.                                              protection or eligible to participate in              coverage area and population served of
                                                                                                          the reverse auction.                                  only full power and Class A broadcast
                                                    For the reasons discussed in the                                                                            television facilities (1) licensed as of
                                                  preamble, the Coast Guard amends 33                     DATES: Effective February 23, 2016.
                                                                                                                                                                February 22, 2012, the date of
                                                  CFR part 117 as follows:                                ADDRESSES: Federal Communications
                                                                                                                                                                enactment of the Spectrum Act, or (2)
                                                                                                          Commission, 445 12th Street SW.,
                                                  PART 117—DRAWBRIDGE                                                                                           for which an application for a license to
                                                                                                          Washington, DC 20554.
                                                  OPERATION REGULATIONS                                                                                         cover was on file as of February 22,
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      2012. The Commission did not interpret
                                                                                                          Lynne Montgomery, (202) 418–2229, or                  the Spectrum Act, however, as
                                                  ■ 1. The authority citation for part 117
                                                                                                          by email at Lynne.Montgomery@fcc.gov,                 precluding it from exercising discretion
                                                  continues to read as follows:
                                                                                                          Media Bureau; Joyce Bernstein, (202)                  to protect additional facilities beyond
                                                    Authority: 33 U.S.C. 499; 33 CFR 1.05–1;              418–1647, or by email at
                                                  Department of Homeland Security Delegation
                                                                                                                                                                the statutory floor. The Commission
                                                                                                          Joyce.Bernstein@fcc.gov, Media Bureau.                granted discretionary protection to a
                                                  No. 0170.1.
                                                                                                          SUPPLEMENTARY INFORMATION: This is a                  handful of categories of facilities, based
                                                  ■ 2. Revise § 117.585(a) to read as                     summary of the Commission’s Order on                  on a careful balancing of different
                                                  follows:                                                Reconsideration in GN Docket No. 12–                  factors in order to achieve the goals of
                                                                                                          268, FCC 16–12, adopted on February 8,                the Spectrum Act and other statutory
                                                  § 117.585   Acushnet River.                             2016 and released on February 12, 2016.               and Commission goals.
                                                    (a) The New Bedford-Fairhaven RT–6                    The full text may also be downloaded                     3. One category to which the
                                                  Bridge, mile 0.0 will be opened                         at: www.fcc.gov. People with                          Commission declined to extend
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  promptly, provided proper signal is                     Disabilities: To request materials in                 discretionary protection was ‘‘out-of-
                                                  given, on the following schedule:                       accessible formats for people with                    core’’ Class A-eligible LPTV stations’’:
                                                    (1) On the hour between 6 a.m. and                    disabilities (braille, large print,                   Low power television (LPTV) stations
                                                  10 a.m. inclusive.                                      electronic files, audio format), send an              that operated on ‘‘out-of-core’’ channels
                                                    (2) At a quarter past the hour between                email to fcc504@fcc.gov or call the                   (channels 52–69) when the Community
                                                  11:15 a.m. and 6:15 p.m. inclusive.                     Consumer & Governmental Affairs                       Broadcasters Protection Act (CBPA) was
                                                    (3) At all other times on call.                       Bureau at 202–418–0530 (voice), 202–                  enacted in 1999 and obtained an
                                                  *     *     *     *    *                                418–0432 (tty).                                       authorization for an ‘‘in-core’’ channel


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Document Created: 2018-02-02 14:33:25
Document Modified: 2018-02-02 14:33:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective February 23, 2016.
ContactIf you have questions on this rule, call or email Mr. Christopher J. Bisignano, Supervisory Bridge Management Specialist, First Coast Guard District, Coast Guard; telephone (212) 514-4331 or email [email protected]
FR Citation81 FR 8841 
RIN Number1625-AA09

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