82 FR 15290 - Drawbridge Operation Regulation; Elizabeth River, Elizabeth, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 58 (March 28, 2017)

Page Range		15290-15291
FR Document		2017-06109

The Coast Guard is removing the existing drawbridge operation regulations for five bridges across the Elizabeth River. These bridges were either removed in their entirety or replaced with a fixed bridge, making the operating regulations no longer necessary.

Federal Register, Volume 82 Issue 58 (Tuesday, March 28, 2017)

[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15290-15291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06109]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0070]
RIN 1625-AA09


Drawbridge Operation Regulation; Elizabeth River, Elizabeth, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulations for five bridges across the Elizabeth River. These bridges 
were either removed in their entirety or replaced with a fixed bridge, 
making the operating regulations no longer necessary.

DATES: This rule is effective March 28, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0070 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. Jeffrey Stieb, Project Officer, First Coast Guard 
District Bridge Program, telephone 617-223-8364, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 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 an NPRM with respect to this rule 
because the New Jersey Transit Rail Operations railroad bridge, mile 
0.7, the Baltic Street bridge, mile 0.9, the Summer Street bridge, mile 
1.3, the South Street bridge, mile 1.8, and the Bridge Street bridge, 
mile 2.1 at the Elizabeth River that once required draw operations in 
33 CFR 117.718(b), have been removed in their entirety or converted to 
a fixed bridge. Therefore, the regulation is no longer necessary or 
applicable and shall be removed from publication. It is unnecessary to 
publish an NPRM because this regulatory action does not purport to 
place any restrictions on mariners but rather removes restrictions that 
have no further use or value.
    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 FR. This rule merely requires an administrative 
change to the CFR in order to omit a regulatory requirement that is no 
longer applicable or necessary. The modifications have already taken 
place and the removal of the regulation will not affect mariners 
currently operating on this waterway. Therefore, a delayed effective 
date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The New Jersey Transit Rail Operations railroad bridge, mile 0.7, 
the Baltic Street bridge, mile 0.9, the Summer Street bridge, mile 1.3, 
the South Street bridge, mile 1.8, and the Bridge Street bridge, mile 
2.1, at the Elizabeth River that once required draw operations in 33 
CFR 117.718(b) were removed in their entirety or converted to fixed 
bridges over thirty years ago. It has come to the attention of the 
Coast Guard that the governing regulation for these drawbridges was 
never removed subsequent to the removal of the drawbridge or conversion 
to a fixed bridge. The elimination of these drawbridges necessitates 
the removal of the drawbridge operation regulation in 33 CFR 117.718(b) 
that pertains to these former drawbridges.
    The purpose of this rule is to remove 33 CFR 117.718(b), which 
refers to these bridges, from the CFR since the bridges are no longer 
able to be opened.

IV. Discussion of Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.718 by 
removing restrictions related to the draw operations for bridges that 
are no longer drawbridges. The change removes paragraph (b) of the 
regulation governing these bridges. This change does not affect nor 
does it alter the operating schedule that is currently designated 
paragraph (a), which governs the remaining drawbridge on the Elizabeth 
River.

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.

[[Page 15291]]

    This regulatory action determination is based on the fact that 
these bridges either no longer exist or no longer operate as a 
drawbridge. The removal of the operating schedule from 33 CFR part 117, 
subpart B, will have no effect on the movement of waterway or land 
traffic.

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.
    For the reasons stated in section IV.A above this final rule would 
not have a significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
determination that this action is one of a category of actions which do 
not individually or cumulatively have a significant effect on the human 
environment. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the ``For Further 
Information Contact'' section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1.


Sec.  117.718  [Amended]

0
2. In Sec.  117.718, remove paragraph (b) and redesignate paragraph (a) 
as an undesignated paragraph.

    Dated: March 10, 2017.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2017-06109 Filed 3-27-17; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations 15291

This regulatory action determination D. Federalism and Indian Tribal G. Protest Activities
is based on the fact that these bridges Government The Coast Guard respects the First
either no longer exist or no longer Amendment rights of protesters.
A rule has implications for federalism
operate as a drawbridge. The removal of Protesters are asked to contact the
under Executive Order 13132,
the operating schedule from 33 CFR part person listed in the ‘‘For Further
Federalism, if it has a substantial direct
117, subpart B, will have no effect on effect on the States, on the relationship Information Contact’’ section to
the movement of waterway or land between the national government and coordinate protest activities so that your
traffic. the States, or on the distribution of message can be received without
power and responsibilities among the jeopardizing the safety or security of
B. Impact on Small Entities
various levels of government. We have people, places or vessels.
The Regulatory Flexibility Act of 1980 analyzed this rule under that Order and List of Subjects in 33 CFR Part 117
(RFA), 5 U.S.C. 601–612, as amended, have determined that it is consistent
Bridges.
requires federal agencies to consider the with the fundamental federalism
potential impact of regulations on small principles and preemption requirements For the reasons discussed in the
described in Executive Order 13132. preamble, the Coast Guard amends 33
entities during rulemaking. The term
CFR part 117 as follows:
‘‘small entities’’ comprises small Also, this rule does not have tribal
businesses, not-for-profit organizations implications under Executive Order PART 117—DRAWBRIDGE
that are independently owned and 13175, Consultation and Coordination OPERATION REGULATIONS
operated and are not dominant in their with Indian Tribal Governments,
fields, and governmental jurisdictions because it does not have a substantial ■ 1. The authority citation for part 117
with populations of less than 50,000. direct effect on one or more Indian continues to read as follows:
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
605(b) that this rule will not have a Federal Government and Indian tribes, and Department of Homeland Security
significant economic impact on a or on the distribution of power and Delegation No. 0170.1.
substantial number of small entities. responsibilities between the Federal
§ 117.718 [Amended]
Government and Indian tribes.
For the reasons stated in section IV.A ■ 2. In § 117.718, remove paragraph (b)
above this final rule would not have a E. Unfunded Mandates Reform Act and redesignate paragraph (a) as an
significant economic impact on any undesignated paragraph.
The Unfunded Mandates Reform Act
vessel owner or operator.
of 1995 (2 U.S.C. 1531–1538) requires Dated: March 10, 2017.
Under section 213(a) of the Small Federal agencies to assess the effects of S.D. Poulin,
Business Regulatory Enforcement their discretionary regulatory actions. In Rear Admiral, U.S. Coast Guard, Commander,
Fairness Act of 1996 (Pub. L. 104–121), particular, the Act addresses actions First Coast Guard District.
we want to assist small entities in that may result in the expenditure by a [FR Doc. 2017–06109 Filed 3–27–17; 8:45 am]
understanding this rule. If the rule State, local, or tribal government, in the BILLING CODE 9110–04–P
would affect your small business, aggregate, or by the private sector of
organization, or governmental $100,000,000 (adjusted for inflation) or
jurisdiction and you have questions more in any one year. Though this rule DEPARTMENT OF HOMELAND
concerning its provisions or options for will not result in such an expenditure, SECURITY
compliance, please contact the person we do discuss the effects of this rule
listed in the FOR FURTHER INFORMATION elsewhere in this preamble. Coast Guard
CONTACT, above.
F. Environment 33 CFR Part 165
Small businesses may send comments
on the actions of Federal employees We have analyzed this rule under [Docket No. USCG–2009–0559]
who enforce, or otherwise determine Department of Homeland Security
Management Directive 023–01 and Safety Zone; San Francisco Giants
compliance with, Federal regulations to
Commandant Instruction M16475.lD, Fireworks Display, San Francisco Bay,
the Small Business and Agriculture
which guides the Coast Guard in San Francisco, CA
Regulatory Enforcement Ombudsman
complying with the National
and the Regional Small Business AGENCY: Coast Guard, DHS.
Environmental Policy Act of 1969
Regulatory Fairness Boards. The ACTION: Notice of enforcement of
(NEPA) (42 U.S.C. 4321–4370f), and
Ombudsman evaluates these actions have made a determination that this regulation.
annually and rates each agency’s action is one of a category of actions
responsiveness to small business. If you SUMMARY: The Coast Guard will enforce
which do not individually or the safety zone for the annual San
wish to comment on actions by cumulatively have a significant effect on Francisco Giants Fireworks Display in
employees of the Coast Guard, call 1– the human environment. This rule the Captain of the Port, San Francisco
888–REG–FAIR (1–888–734–3247). The simply promulgates the operating area of responsibility during the dates
Coast Guard will not retaliate against regulations or procedures for and times noted below. This action is
small entities that question or complain drawbridges. This action is categorically necessary to protect life and property of
about this rule or any policy or action excluded from further review, under the maritime public from the hazards
of the Coast Guard.
mstockstill on DSK3G9T082PROD with RULES

figure 2–1, paragraph (32)(e), of the associated with the fireworks display.
C. Collection of Information Instruction. During the enforcement period,
Under figure 2–1, paragraph (32)(e), of unauthorized persons or vessels are
This rule calls for no new collection the Instruction, an environmental prohibited from entering into, transiting
of information under the Paperwork analysis checklist and a categorical through, or anchoring in the safety zone,
Reduction Act of 1995 (44 U.S.C. 3501– exclusion determination are not unless authorized by the Patrol
3520). required for this rule. Commander (PATCOM).

VerDate Sep<11>2014 16:44 Mar 27, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\28MRR1.SGM 28MRR1

Document Created: 2017-03-28 00:32:02
Document Modified: 2017-03-28 00:32:02

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective March 28, 2017.
Contact		If you have questions on this rule, call or email Mr. Jeffrey Stieb, Project Officer, First Coast Guard District Bridge Program, telephone 617-223-8364, email [email protected]
FR Citation		82 FR 15290
RIN Number		1625-AA09

82 FR 15290 - Drawbridge Operation Regulation; Elizabeth River, Elizabeth, NJ

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 58 (March 28, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard