82 FR 31036 - Drawbridge Operation Regulation; Nanticoke River, Seaford, DE
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 127 (July 5, 2017)
Coast Guard
Federal Register Volume 82, Issue 127 (July 5, 2017)
| Page Range | 31036-31038 | |
| FR Document | 2017-14068 |
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)] [Proposed Rules] [Pages 31036-31038] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14068] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0162] RIN 1625-AA09 Drawbridge Operation Regulation; Nanticoke River, Seaford, DE AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to modify the operating schedule that governs the SR 13 Bridge across the Nanticoke River, mile 39.6, in Seaford, DE. This proposal will require the bridge to open on signal every Saturday and Sunday during the winter season, if at least 24 hours notice is given. This action is necessary to balance bridge operations and maintenance with the existing needs of navigation. DATES: Comments and related material must reach the Coast Guard on or before September 5, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2017-0162 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. Martin A. Bridges, Fifth Coast Guard District (dpb), at (757) 398-6422, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background, Purpose and Legal Basis The US 13 Bridge across the Nanticoke River, Mile 39.6, in Seaford, DE, owned and operated by the Delaware Department of Transportation, has a vertical clearance of three feet above mean high water in the closed-to-navigation position. There is a monthly average of three bridge openings on Saturdays and Sundays, from 7:30 a.m. to 3:30 p.m., from November 1 through March 31, which allow one or more vessels to transit through the bridge [[Page 31037]] during each opening. The bridge is normally maintained in the closed position, due to the volume of vehicular traffic crossing the bridge. The current operating schedule is published in 33 CFR 117.243(b). The Coast Guard's authority to make a permanent change to a drawbridge operating schedule is contained in 33 CFR 117.8. The Nanticoke River is predominately used by recreational vessels and pleasure craft. Data contained in the bridge tender logs provided by the Delaware Department of Transportation documenting the three-year average number of bridge openings, maximum number of bridge openings, and weekend bridge openings between 7:30 a.m. and 3:30 p.m., by month and overall for 2014 through 2016, is presented below. ---------------------------------------------------------------------------------------------------------------- Proposed weekends Average Maximum average Month openings openings openings 7:30 a.m.- 3:30 p.m. ---------------------------------------------------------------------------------------------------------------- January......................................................... 11 31 3 February........................................................ 1 3 1 March........................................................... 21 53 4 April........................................................... 72 91 N/A May............................................................. 138 192 N/A June............................................................ 150 168 N/A July............................................................ 280 175 N/A August.......................................................... 198 223 N/A September....................................................... 144 214 N/A October......................................................... 51 66 N/A November........................................................ 8 13 5 December........................................................ 1 4 1 Monthly......................................................... 89 223 3 Daily........................................................... 3 7 <1 ---------------------------------------------------------------------------------------------------------------- This proposed modification of the operating schedule for the bridge is designed to balance bridge operations and maintenance with the existing needs of navigation. III. Discussion of Proposed Rule The Delaware Department of Transportation requested to modify the operating regulation for the bridge, due to the limited number of requested openings of the bridge on Saturday and Sunday, from 7:30 a.m. to 3:30 p.m., from November 1 through March 31, over approximately the past three years. The data presented in the table above demonstrates that the requested modification may be implemented with de minimis impact to navigation. The modification requested will require the bridge to open on signal on Saturday and Sunday; from 7:31 a.m. to 3:29 p.m., from November 1 through March 31, if at least 24 hours notice is given. All other provisions of 33 CFR 117.243(b) will remain the same. 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 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 13771 directs agencies to control regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This is not considered a significant regulatory action. This determination is based on the findings that: (1) The potential impact is small, given the limited number of vessels requiring a bridge opening during the time frame of the proposed modification, and (2) vessels will be able to transit through the bridge during the time frame of the proposed modification, given the bridge will open on signal, if at least 24 hours notice is given. 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. The potential impact to all vessels is small, given the limited number of vessels requiring a bridge opening during the time frame of the proposed modification. All vessels will be able to transit through the bridge during the time frame of the proposed modification, given the bridge will open on signal, if at least 24 hours notice is given. 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. [[Page 31038]] 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.l (series), 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 rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under figure 2-1, paragraph (32) (e), of the Instruction. Under figure 2-1, paragraph (32) (e), of the Instruction, a Record of Environmental Consideration (REC) and a Memorandum for the Record (MFR) 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; and Department of Homeland Security Delegation No. 0170.1. 0 2. Revise Sec. 117.243(b) to read as follows: Sec. 117.243 Nanticoke River. * * * * * (b) The draw of the SR 13 Bridge, mile 39.6, in Seaford shall: (1) Open on signal, except from 6 p.m. to 8 a.m., from April 1 through October 31; from November 1 through March 31, Monday to Friday and on Saturday and Sunday from 3:30 p.m. to 7:30 a.m., if at least four hours notice is given. (2) Open on signal, on Saturday and Sunday, from 7:31 a.m. through 3:29 p.m., from November 1 through March 31, if at least 24 hours notice is given. Dated: June 21, 2017. M.L. Austin, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2017-14068 Filed 7-3-17; 8:45 am] BILLING CODE 9110-04-P
![31036 Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Proposed Rules
ACTION: Notice of opportunity for oral Commission published an NPR finding DEPARTMENT OF HOMELAND
presentation of comments. preliminarily that there is an SECURITY
unreasonable risk of blade-contact
SUMMARY: The Consumer Product Safety injuries associated with table saws. 82 Coast Guard
Commission (CPSC, Commission)
FR 22190. To address the risk, the NPR
announces that there will be an 33 CFR Part 117
proposed a performance requirement for
opportunity for interested persons to
present oral comments on the notice of table saws that would limit the depth of [Docket No. USCG–2017–0162]
proposed rulemaking (NPR) the cut to 3.5 mm or less, when a test probe,
RIN 1625–AA09
Commission issued to address blade- acting as surrogate for a human body/
contact injuries on table saws. The NPR finger, contacts the spinning blade at a Drawbridge Operation Regulation;
proposed a standard that requires table radial approach rate of 1 m/s. The Nanticoke River, Seaford, DE
saws limit the depth of cut to 3.5 proposed requirement would be issued
under the Consumer Product Safety Act AGENCY: Coast Guard, DHS.
millimeters when a test probe, acting as
surrogate for a human body/finger, (CPSA). The NPR is available at: https:// ACTION: Notice of proposed rulemaking.
contacts the spinning blade at a radial www.gpo.gov/fdsys/pkg/FR-2017-05-12/
SUMMARY: The Coast Guard proposes to
approach rate of 1 meter per second (m/ pdf/2017-09098.pdf. The staff’s briefing modify the operating schedule that
s). Any oral comments will be part of package is available at: https:// governs the SR 13 Bridge across the
the rulemaking record. www.cpsc.gov/s3fs-public/Proposed% Nanticoke River, mile 39.6, in Seaford,
DATES: The meeting will begin at 10 20Rule%20-%20Safety%20Standard% DE. This proposal will require the
a.m., August 9, 2017, in the Hearing 20for%20Blade-Contact%20Injuries bridge to open on signal every Saturday
Room, 4th Floor of the Bethesda Towers %20on%20Table%20Saws%20- and Sunday during the winter season, if
Building, 4330 East West Highway, %20January%2017%202017.pdf. at least 24 hours notice is given. This
Bethesda, MD 20814. Requests to make action is necessary to balance bridge
oral presentations and the written text B. The Public Meeting
operations and maintenance with the
of any oral presentations must be The CPSA requires that the existing needs of navigation.
received by the Office of the Secretary Commission provide an opportunity for DATES: Comments and related material
not later than 5 p.m. Eastern Standard the ‘‘oral presentation of data, views, or must reach the Coast Guard on or before
Time (EST) on August 2, 2017. arguments,’’ in addition to written September 5, 2017.
ADDRESSES: The meeting will be in the comments, when the Commission ADDRESSES: You may submit comments
Hearing Room, 4th Floor of the Bethesda develops a consumer product safety identified by docket number USCG–
Towers Building, 4330 East West standard. 15 U.S.C. 2058(d)(2). Thus, 2017–0162 using Federal eRulemaking
Highway, Bethesda, MD 20814. the Commission is providing this forum Portal at http://www.regulations.gov.
Requests to make oral presentations, See the ‘‘Public Participation and
for oral presentations concerning the
and texts of oral presentations, should Request for Comments’’ portion of the
proposed standard addressing blade-
be captioned: ‘‘Table Saws NPR; Oral SUPPLEMENTARY INFORMATION section
contact injuries on table saws. See the
Presentation’’ and submitted by email to below for instructions on submitting
cpsc-os@cpsc.gov, or mailed or information under the headings DATES
and ADDRESSES at the beginning of this comments.
delivered to the Office of the Secretary,
Consumer Product Safety Commission, document for information on making FOR FURTHER INFORMATION CONTACT: If
4330 East-West Highway, Bethesda, MD requests to give oral presentations at the you have questions on this proposed
20814, not later than 5 p.m. EST on meeting. rule, call or email Mr. Martin A.
August 2, 2017. Participants should limit their Bridges, Fifth Coast Guard District
FOR FURTHER INFORMATION CONTACT: For presentations to approximately 10 (dpb), at (757) 398–6422, email
information about the purpose or minutes, exclusive of any periods of Martin.A.Bridges@uscg.mil.
subject matter of this meeting, contact questioning by the Commissioners or SUPPLEMENTARY INFORMATION:
Caroleene Paul, Project Manager, CPSC staff. To prevent duplicative I. Table of Abbreviations
Directorate for Engineering Sciences, presentations, groups will be directed to
Consumer Product Safety Commission, CFR Code of Federal Regulations
designate a spokesperson. The DHS Department of Homeland Security
5 Research Place, Rockville, MD 20850; Commission reserves the right to limit FR Federal Register
telephone (301) 987–2225; cpaul@ the time further for any presentation NPRM Notice of proposed rulemaking
cpsc.gov. For information about the and impose restrictions to avoid § Section
procedure to make an oral presentation, excessive duplication of presentations, U.S.C. United States Code
contact Rockelle Hammond, Office of if necessary.
the Secretary, Consumer Product Safety II. Background, Purpose and Legal
Commission, 4330 East-West Highway, Dated: June 29, 2017. Basis
Bethesda, MD 20814; telephone (301) Todd A. Stevenson, The US 13 Bridge across the
504–7923. Secretary, U.S. Consumer Product Safety Nanticoke River, Mile 39.6, in Seaford,
SUPPLEMENTARY INFORMATION: Commission. DE, owned and operated by the
Delaware Department of Transportation,
sradovich on DSK3GMQ082PROD with PROPOSALS
[FR Doc. 2017–14035 Filed 7–3–17; 8:45 am]
A. Background has a vertical clearance of three feet
BILLING CODE 6355–01–P
On October 11, 2011, the Commission above mean high water in the closed-to-
published an advance notice of navigation position. There is a monthly
proposed rulemaking (ANPR) to average of three bridge openings on
consider whether there may be an Saturdays and Sundays, from 7:30 a.m.
unreasonable risk of blade-contact to 3:30 p.m., from November 1 through
injuries associated with table saws. 76 March 31, which allow one or more
FR 62678. On May 12, 2017, the vessels to transit through the bridge
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![31038 Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Proposed Rules
C. Collection of Information (series), which guides the Coast Guard without change to http://
This proposed rule would call for no in complying with the National www.regulations.gov and will include
new collection of information under the Environmental Policy Act of 1969 any personal information you have
Paperwork Reduction Act of 1995 (44 (NEPA) (42 U.S.C. 4321–4370f), and provided. For more about privacy and
U.S.C. 3501–3520.). have made a preliminary determination the docket, you may review a Privacy
that this action is one of a category of Act notice regarding the Federal Docket
D. Federalism and Indian Tribal actions which do not individually or Management System in the March 24,
Government cumulatively have a significant effect on 2005, issue of the Federal Register (70
A rule has implications for federalism the human environment. This proposed FR 15086).
under Executive Order 13132, rule simply promulgates the operating Documents mentioned in this notice
Federalism, if it has a substantial direct regulations or procedures for and all public comments, are in our
effect on the States, on the relationship drawbridges. Normally such actions are online docket at http://
between the national government and categorically excluded from further www.regulations.gov and can be viewed
the States, or on the distribution of review, under figure 2–1, paragraph (32) by following that Web site’s
power and responsibilities among the (e), of the Instruction. instructions. Additionally, if you go to
various levels of government. We have Under figure 2–1, paragraph (32) (e),
the online docket and sign up for email
analyzed this proposed rule under that of the Instruction, a Record of
alerts, you will be notified when
Order and have determined that it is Environmental Consideration (REC) and
comments are posted or a final rule is
a Memorandum for the Record (MFR)
consistent with the fundamental published.
are not required for this rule. We seek
federalism principles and preemption
any comments or information that may List of Subjects in 33 CFR Part 117
requirements described in Executive
lead to the discovery of a significant
Order 13132. Bridges.
Also, this proposed rule does not have environmental impact from this
proposed rule. For the reasons discussed in the
tribal implications under Executive
Order 13175, Consultation and G. Protest Activities preamble, the Coast Guard proposes to
Coordination with Indian Tribal amend 33 CFR part 117 as follows:
The Coast Guard respects the First
Governments, because it would not have Amendment rights of protesters. PART 117—DRAWBRIDGE
a substantial direct effect on one or Protesters are asked to contact the OPERATION REGULATIONS
more Indian tribes, on the relationship person listed in the FOR FURTHER
between the Federal Government and INFORMATION CONTACT section to
Indian tribes, or on the distribution of ■ 1. The authority citation for part 117
coordinate protest activities so that your continues to read as follows:
power and responsibilities between the message can be received without
Federal Government and Indian tribes. jeopardizing the safety or security of Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
If you believe this proposed rule has and Department of Homeland Security
people, places or vessels. Delegation No. 0170.1.
implications for federalism or Indian
tribes, please contact the person listed V. Public Participation and Request for
in the FOR FURTHER INFORMATION Comments ■ 2. Revise § 117.243(b) to read as
follows:
CONTACT section above. We view public participation as
essential to effective rulemaking, and § 117.243 Nanticoke River.
E. Unfunded Mandates Reform Act
will consider all comments and material * * * * *
The Unfunded Mandates Reform Act received during the comment period.
of 1995 (2 U.S.C. 1531–1538) requires Your comment can help shape the (b) The draw of the SR 13 Bridge, mile
Federal agencies to assess the effects of outcome of this rulemaking. If you 39.6, in Seaford shall:
their discretionary regulatory actions. In submit a comment, please include the (1) Open on signal, except from 6 p.m.
particular, the Act addresses actions docket number for this rulemaking, to 8 a.m., from April 1 through October
that may result in the expenditure by a indicate the specific section of this 31; from November 1 through March 31,
State, local, or tribal government, in the document to which each comment Monday to Friday and on Saturday and
aggregate, or by the private sector of applies, and provide a reason for each Sunday from 3:30 p.m. to 7:30 a.m., if
$100,000,000 (adjusted for inflation) or suggestion or recommendation. at least four hours notice is given.
more in any one year. Though this We encourage you to submit (2) Open on signal, on Saturday and
proposed rule will not result in such an comments through the Federal Sunday, from 7:31 a.m. through 3:29
expenditure, we do discuss the effects of eRulemaking Portal at http:// p.m., from November 1 through March
this proposed rule elsewhere in this www.regulations.gov. If your material 31, if at least 24 hours notice is given.
preamble. cannot be submitted using http://
Dated: June 21, 2017.
www.regulations.gov, contact the person
F. Environment M.L. Austin,
in the FOR FURTHER INFORMATION
We have analyzed this proposed rule CONTACT section of this document for Rear Admiral, U.S. Coast Guard, Commander,
under Department of Homeland alternate instructions. Fifth Coast Guard District.
Security Management Directive 023–01 We accept anonymous comments. All [FR Doc. 2017–14068 Filed 7–3–17; 8:45 am]
and Commandant Instruction M16475.l comments received will be posted BILLING CODE 9110–04–P
sradovich on DSK3GMQ082PROD with PROPOSALS
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Document Created: 2017-07-04 02:00:43
Document Modified: 2017-07-04 02:00:43
| 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 September 5, 2017. | |
| Contact | If you have questions on this proposed rule, call or email Mr. Martin A. Bridges, Fifth Coast Guard District (dpb), at (757) 398-6422, email [email protected] | |
| FR Citation | 82 FR 31036 | |
| RIN Number | 1625-AA09 |
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