83 FR 30036 - Drawbridge Operation Regulation; Technical Amendment; Removal of Obsolete Drawbridge Operating Regulations

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range		30036-30039
FR Document		2018-13760
The Coast Guard is removing the existing operation regulations for 33 drawbridges across various waterways and in various locations, across the east coast and western rivers of the United States. These drawbridges have either been replaced with a fixed bridge, removed from the waterway, altered with CG approval in such a manner that the drawspan is no longer moveable or the approaching rail lines or roadways have been removed with the drawspan open to navigation and inoperable. These 33 operating regulations are no longer applicable or necessary.
Federal Register, Volume 83 Issue 124 (Wednesday, June 27, 2018)
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30036-30039]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13760]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0443]
RIN 1625-AA09


Drawbridge Operation Regulation; Technical Amendment; Removal of 
Obsolete Drawbridge Operating Regulations

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is removing the existing operation regulations 
for 33 drawbridges across various waterways and in various locations, 
across the east coast and western rivers of the United States. These 
drawbridges have either been replaced with a fixed bridge, removed from 
the waterway, altered with CG approval in such a manner that the 
drawspan is no longer moveable or the approaching rail lines or 
roadways have been removed with the drawspan open to navigation and 
inoperable. These 33 operating regulations are no longer applicable or 
necessary.

DATES: This rule is effective June 27, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0443. 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. Chris Jaufmann, Office of Bridge Programs; United 
States Coast Guard Headquarters; telephone 202-372-1512, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department Of Homeland Security
FR Federal Register
Pub. L. Public Law
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 notice 
and comment 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) due to the fact that the 33 drawbridges identified 
either do not exist or no longer function as a drawbridge. Therefore, 
their regulations are no longer applicable and need to be removed. It 
is unnecessary to publish a NPRM because drawbridge regulations are 
only used for bridges that have an operational span that is intended to 
be opened for the passage of waterway traffic. These bridges are no 
longer operational.
    For the same reasons stated in the preceding paragraph, 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. The bridges at issue no longer have an 
operational span and therefore have no need of a drawbridge regulation. 
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 elimination of these drawbridges necessitates the removal of 
their corresponding drawbridge operation regulation in 33 CFR part 117 
subpart B.

IV. Discussion of Final Rule

    The Coast Guard is removing restrictions and the regulatory burdens 
related to the draw operations for these 33 bridges that no longer 
function as drawbridges. In the regulatory section of this final rule, 
the 33 bridges are presented numerically based on their section number 
and, if applicable, paragraph lettering under 33 CFR part 117 subpart 
B.
    This final rule will update 33 CFR part 117 subpart B by removing 
language that governs the operating schedule of the aforementioned 
bridges, which in fact, in their current state, are no longer 
drawbridges. The removal of

[[Page 30037]]

these obsolete regulations will not affect waterway or land traffic.
    The following bridges remain across their respective waterways and 
remain in use in their transportation function, however; have been 
converted to fixed bridges:

--Sec.  117.125(b) Black River; Black Rock, AR; Burlington Northern RR 
Bridge; Mile 68.4; Eighth Coast Guard District.
--Sec.  117.125(c) Black River; Pocahontas, AR; Arkansas State HWY 
Dept. Bridge; Mile 90.1; Eighth Coast Guard District.
--Sec.  117.125(e) Black River; Corning, AR; Union Pacific RR Bridge; 
Mile 144.4; Eighth Coast Guard District.
--Sec.  117.125(f) Black River; Corning, AR; Arkansas State HWY Dept. 
Bridge; Mile 152.2; Eighth Coast Guard District.
--Sec.  117.127 Current River; Biggers, AR; Arkansas Highway Bridge; 
Mile 10.2; Eight Coast Guard District
--Sec.  117.527 Kennebunk River; Between Kennebunk and Kennebunkport, 
ME; Dock Square Drawbridge; Mile 1; First Coast Guard District.
--Sec.  117.591(b) Charles River and its Tributaries; Boston, MA; 
Charleston Bridge; Mile 0.4; First Coast Guard District.
--Sec.  117.609(b) Mystic River; Somerville, MA; Wellington Bridge; 
Mile 2.5; First Coast Guard District.
--Sec.  117.613 North River; Norwell, MA; Plymouth County (Bridge 
Street) Bridge; Mile 4.0; First Coast Guard District.
--Sec.  117.738 Overpeck Creek; Ridgefield Park; Conrail and the New 
York, Susquehanna and Western Railroad Bridges; Mile 0.0; First Coast 
Guard District.

    The following bridges are no longer functional drawbridges. These 
bridges have either had their operable drawspan removed or the bridge 
was removed in whole from the waterway:

--Sec.  117.125(d) Black River; Pocahontas, AR; Burlington Northern RR 
Bridge; Mile 90.4; Eighth Coast Guard District.
--Sec.  117.127 Current River; Biggers, AR; Burlington Northern RR 
Bridge; Mile 12.2; Eighth Coast Guard District.
--Sec.  117.272 Boot Key Harbor; Between Marathon and Boot Key, FL; 
Boot Key Harbor Drawbridge; Mile 0.13; Seventh Coast Guard District.
--Sec.  117.531(c)(2) Piscataqua River; Portsmouth, ME; Sarah M. Long 
(Route 1 Bypass) Secondary Recreation Draw; Mile 2.5; First Coast Guard 
District.
--Sec.  117.599 Fort Point Channel; Boston, MA; Northern Avenue Bridge; 
Mile 0.1; First Coast Guard District.
--Sec.  117.601 Malden River; Between Medford and Everett, MA; S16 
Bridge; Mile 0.3; First Coast Guard District.

    The following bridges remain in the waterway and are open to 
navigation. However, the rail line, including the bridge, are no longer 
in use.

--Sec.  117.139(a) White River; DeValls Bluff; AR; Chicago, Rock Island 
and Pacific Railroad Bridge; Mile 122; Eighth Coast Guard District.
--Sec.  117.521 Back Cove; Portland, ME; Canadian National Railroad 
Bridge; Mile 0.2; First Coast Guard District.
--Sec.  117.605(b) Merrimack River; Newburyport, MA; Massachusetts Bay 
Transportation Authority (MBTA) Railroad Bridge; Mile 3.4; First Coast 
Guard District.

    The following drawbridges have been removed from the waterway and 
replaced with fixed bridges:

--Sec.  117.139(a) White River; DeValls Bluff, AR; US70 Highway Bridge; 
Mile 121.7; First Coast Guard District.
--Sec.  117.261(b) Atlantic Intracoastal Waterway from St. Mary's River 
to Key Largo; Jacksonville Beach, FL; McCormick Bridge; Mile 747.5; 
Seventh Coast Guard District.
--Sec.  117.261(qq) Atlantic Intracoastal Waterway from St. Mary's 
River to Key Largo; Key Largo, FL; Jewfish Creek; Mile 1134; Seventh 
Coast Guard District.
--Sec.  117.287(i) Gulf Intracoastal Waterway; Clearwater, FL; Belleair 
Beach Drawbridge; Mile 131.8; Seventh Coast Guard District.
--Sec.  117.309 Nassau Sound; Between Amelia Island and Talbot Island, 
FL; Fernandina Port Authority (SR-A-1-A) Bridge; Mile 0.4; Seventh 
Coast Guard District.
--Sec.  117.317(j) Okeechobee Waterway; Punta Rassa, FL; Sanibel 
Causeway Bridge; Mile 151; Seventh Coast Guard District.
--Sec.  117.483 Ouachita River; Harrisonburg, LA; S8 Bridge; Mile 57.5; 
Eight Coast Guard District.
--Sec.  117.529 Narraguagus River; Millbridge, ME; Highway Bridge; Mile 
1.8; First Coast Guard District.
--Sec.  117.739(n)(1) Passaic River; Wallington, NJ; Gregory Avenue 
Bridge; Mile 14; First Coast Guard District.
--Sec.  117.779 Eastchester Bay (Arm of); Between Rodman Neck and City 
Island, NY; Highway Bridge; Mile 2.2; First Coast Guard District.
--Sec.  117.805 Peekskill (Annsville) Creek; Peekskill, NY; Conrail 
Bridge; Mile 0; First Coast Guard District.
--Sec.  117.1059(d) Snohomish River, Steamboat Slough, and Ebey Bay; 
Everett, WA; SR 2 Highway Bridges; Mile 6.9; Thirteenth Coast Guard 
District.
--Sec.  117.1059(h) Snohomish River, Steamboat Slough, and Ebey Bay; 
Marysville, WA; SR 529 Highway Bridge; Mile 1.6; Thirteenth Coast Guard 
District.

In accordance with Sec.  117.1059(h), the drawtender at the SR 529 
Highway Bridge across Ebey Slough, mile 1.6 at Marysville would control 
the openings at that bridge and the openings for the SR 529 Highway 
Bridge across the Snohomish River, mile 3.6 at Everett and the twin, SR 
529 Highway Bridges across Steamboat Slough, mile 1.1 and 1.2 
respectively near Marysville; Monday through Friday. The drawtender at 
SR 529 Highway Bridge across the Snohomish River, mile 3.6 at Everett 
would control bridge openings at all other times. Due to the 
replacement of the SR 529 Highway Bridge across Ebey Slough, mile 1.6 
at Marysville with a fixed bridge, the duties of the drawtender were no 
longer needed and are now the full responsibility of the drawtender at 
the SR 529 Highway Bridge across the Snohomish River, mile 3.6 at 
Everett. Operation and contact information for the bridges remains the 
same and this action will not affect waterway and land traffic.

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.

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 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 (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs''' (April 5, 2017). DHS 
considers this final rule to be a deregulatory action.
    As previously explained the above 33 listed bridges, have either 
been removed

[[Page 30038]]

from the waterway or converted/replaced to or by a fixed bridge. The 
removal of their operating schedules from 33 CFR 117 Subpart B will 
have no effect on the movement of waterway or land traffic, but will 
serve to remove an outdated and obsolete provision from the CFR.

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 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.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

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.  117.125 to read as follows:


Sec.  117.125   Black River.

    The Union Pacific Railroad Bridge, mile 3.4 at Paoquet need not 
open for the passage of vessels.


Sec.  117.127   [Removed]

0
3. Remove Sec.  117.127.

0
4. Revise paragraph (a) in Sec.  117.139 to read as follows:


Sec.  117.139  White River.

    (a) The draws of the St. Louis Southwestern railroad bridge, mile 
98.9 at Clarendon, the Missouri Pacific railroad bridge, mile 196.3 at 
Augusta and the Missouri Pacific railroad bridge, mile 254.8 at 
Newport, shall open on signal if at least eight hours notice is given. 
The draws of any of these bridges need not be opened for a vessel that 
arrives later than two hours after the time specified in the notice, 
unless a second notice of at least eight hours is given.
* * * * *


Sec.  117.261   [Amended]

0
5. Amend Sec.  117.261 by removing and reserving paragraphs (b) and 
(qq).


Sec.  117.272  [Removed]

0
6. Remove Sec.  117.272.


Sec.  117.287  [Amended]

0
7. Amend Sec.  117.287 by removing paragraph (i).


Sec.  117.309   [Removed]

0
8. Remove Sec.  117.309.


Sec.  117.317  [Amended]

0
9. Amend Sec.  117.317 by removing paragraph (j) and redesignating 
paragraph (k) as paragraph (j).


Sec.  117.483  [Removed]

0
10. Remove Sec.  117.483.


Sec.  117.521   [Removed]

0
11. Remove Sec.  117.521.


Sec.  117.527   [Removed]

0
12. Remove Sec.  117.527.


Sec.  117.529   [Removed]

0
13. Remove Sec.  117.529.

[[Page 30039]]

Sec.  117.531   [Amended]

0
14. Amend Sec.  117.531 by removing and reserving paragraph (c)(2).


Sec.  117.591   [Amended]

0
15. Amend Sec.  117.591 by removing paragraph (b) and redesignating 
paragraphs (c) through (f) as paragraphs (b) through (e).


Sec.  117.599   [Removed]

0
16. Remove Sec.  117.599.


Sec.  117.601  [Removed]

0
17. Remove Sec.  117.601.


Sec.  117.605   [Amended]

0
18. Amend Sec.  117.605 by removing paragraph (b) and redesignating 
paragraph (c) as paragraph (b).

0
19. Revise Sec.  117.609 to read as follows:


Sec.  117.609  Mystic River.

    The draw of the S99 Alford Street Bridge, mile 1.4, shall open on 
signal; except that, Monday through Saturday, excluding holidays, the 
draw need not open for the passage of vessel traffic from 7:45 a.m. to 
9 a.m., 9:10 a.m. to 10 a.m., and 5 p.m. to 6 p.m., daily. From 
November 1 through March 31, between 3 p.m. and 7 a.m., at least an 
eight-hour advance notice is required for bridge openings by calling 
the number posted at the bridge.


Sec.  117.613   [Removed]

0
20. Remove Sec.  117.613.


Sec.  117.738   [Removed]

0
21. Remove Sec.  117.738.

0
22. Revise paragraph (n) in Sec.  117.739 to read as follows:


Sec.  117.739  Passaic River.

* * * * *
    (n) West Eighth Street Bridge, mile 15.3, at Garfield need not open 
for the passage of vessels.
* * * * *


Sec.  117.779   [Removed]

0
23. Remove Sec.  117.779.


Sec.  117.805   [Removed]

0
24. Remove Sec.  117.805.

0
25. In Sec.  117.1059:
0
a. Revise paragraph (c).
0
b. Remove paragraphs (d) and (h).
0
c. Redesignate paragraphs (e), (f) and (g) as (d), (e) and (f).
0
d. Revise newly redesignated paragraph (f).
    The revisions read as follows:


Sec.  117.1059  Snohomish River, Steamboat Slough, and Ebey Slough.

* * * * *
    (c) The draws of the twin, SR 529, highway bridges across the 
Snohomish River, mile 3.6, at Everett shall open on signal if notice is 
provided at least one hour in advance. Notice for openings shall be 
given by marine radio, telephone or other means to the drawtender at 
the twin, SR 529, Highway Bridges across the Snohomish River, mile 3.6. 
One signal opens both draws. During freshets, a drawtender shall be in 
constant attendance, and the draws shall open on signal when so ordered 
by the District Commander.
* * * * *
    (f) The draws of the twin SR 529, highway bridges across Steamboat 
Slough, miles 1.1 and 1.2, near Marysville, shall open on signal if 
notice is provided at least four hours in advance. Notice for openings 
shall be given by marine radio or telephone to the drawtender at the 
twin, SR 529, Highway Bridges across the Snohomish River, mile 3.6. One 
signal opens both draws. During freshets, a drawtender shall be in 
constant attendance, and the draws shall open on signal when so ordered 
by the District Commander.

Brian L. Dunn,
Chief, Bridge Program, Coast Guard Headquarters.
[FR Doc. 2018-13760 Filed 6-26-18; 8:45 am]
 BILLING CODE 9110-04-P
Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 30037

these obsolete regulations will not affect —§ 117.601 Malden River; Between Mile 6.9; Thirteenth Coast Guard
waterway or land traffic. Medford and Everett, MA; S16 Bridge; District.
The following bridges remain across Mile 0.3; First Coast Guard District. —§ 117.1059(h) Snohomish River,
their respective waterways and remain The following bridges remain in the Steamboat Slough, and Ebey Bay;
in use in their transportation function, waterway and are open to navigation. Marysville, WA; SR 529 Highway
however; have been converted to fixed However, the rail line, including the Bridge; Mile 1.6; Thirteenth Coast
bridges: bridge, are no longer in use. Guard District.
—§ 117.125(b) Black River; Black Rock, —§ 117.139(a) White River; DeValls In accordance with § 117.1059(h), the
AR; Burlington Northern RR Bridge; Bluff; AR; Chicago, Rock Island and drawtender at the SR 529 Highway
Mile 68.4; Eighth Coast Guard Pacific Railroad Bridge; Mile 122; Bridge across Ebey Slough, mile 1.6 at
District. Eighth Coast Guard District. Marysville would control the openings
—§ 117.125(c) Black River; Pocahontas, —§ 117.521 Back Cove; Portland, ME; at that bridge and the openings for the
AR; Arkansas State HWY Dept. Canadian National Railroad Bridge; SR 529 Highway Bridge across the
Bridge; Mile 90.1; Eighth Coast Guard Mile 0.2; First Coast Guard District. Snohomish River, mile 3.6 at Everett
District. —§ 117.605(b) Merrimack River; and the twin, SR 529 Highway Bridges
—§ 117.125(e) Black River; Corning, AR; across Steamboat Slough, mile 1.1 and
Newburyport, MA; Massachusetts Bay
Union Pacific RR Bridge; Mile 144.4; 1.2 respectively near Marysville;
Transportation Authority (MBTA)
Eighth Coast Guard District. Monday through Friday. The
—§ 117.125(f) Black River; Corning, AR; Railroad Bridge; Mile 3.4; First Coast
Guard District. drawtender at SR 529 Highway Bridge
Arkansas State HWY Dept. Bridge; across the Snohomish River, mile 3.6 at
Mile 152.2; Eighth Coast Guard The following drawbridges have been
Everett would control bridge openings
District. removed from the waterway and at all other times. Due to the
—§ 117.127 Current River; Biggers, AR; replaced with fixed bridges: replacement of the SR 529 Highway
Arkansas Highway Bridge; Mile 10.2; —§ 117.139(a) White River; DeValls Bridge across Ebey Slough, mile 1.6 at
Eight Coast Guard District Bluff, AR; US70 Highway Bridge; Mile Marysville with a fixed bridge, the
—§ 117.527 Kennebunk River; Between 121.7; First Coast Guard District. duties of the drawtender were no longer
Kennebunk and Kennebunkport, ME; —§ 117.261(b) Atlantic Intracoastal needed and are now the full
Dock Square Drawbridge; Mile 1; First Waterway from St. Mary’s River to responsibility of the drawtender at the
Coast Guard District. Key Largo; Jacksonville Beach, FL; SR 529 Highway Bridge across the
—§ 117.591(b) Charles River and its McCormick Bridge; Mile 747.5; Snohomish River, mile 3.6 at Everett.
Tributaries; Boston, MA; Charleston Seventh Coast Guard District. Operation and contact information for
Bridge; Mile 0.4; First Coast Guard —§ 117.261(qq) Atlantic Intracoastal the bridges remains the same and this
District. Waterway from St. Mary’s River to action will not affect waterway and land
—§ 117.609(b) Mystic River; Somerville, Key Largo; Key Largo, FL; Jewfish traffic.
MA; Wellington Bridge; Mile 2.5; First Creek; Mile 1134; Seventh Coast
Coast Guard District. Guard District. V. Regulatory Analyses
—§ 117.613 North River; Norwell, MA; —§ 117.287(i) Gulf Intracoastal We developed this rule after
Plymouth County (Bridge Street) Waterway; Clearwater, FL; Belleair considering numerous statutes and
Bridge; Mile 4.0; First Coast Guard Beach Drawbridge; Mile 131.8; Executive Orders related to rulemaking.
District. Seventh Coast Guard District. Below we summarize our analyses
—§ 117.738 Overpeck Creek; Ridgefield —§ 117.309 Nassau Sound; Between based on a number of these statutes and
Park; Conrail and the New York, Amelia Island and Talbot Island, FL; Executive Orders.
Susquehanna and Western Railroad Fernandina Port Authority (SR–A–1–
Bridges; Mile 0.0; First Coast Guard A. Regulatory Planning and Review
A) Bridge; Mile 0.4; Seventh Coast
District. Guard District. Executive Orders 12866 and 13563
The following bridges are no longer —§ 117.317(j) Okeechobee Waterway; direct agencies to assess the costs and
functional drawbridges. These bridges Punta Rassa, FL; Sanibel Causeway benefits of available regulatory
have either had their operable drawspan Bridge; Mile 151; Seventh Coast alternatives and, if regulation is
removed or the bridge was removed in Guard District. necessary, to select regulatory
whole from the waterway: —§ 117.483 Ouachita River; approaches that maximize net benefits.
—§ 117.125(d) Black River; Pocahontas, Harrisonburg, LA; S8 Bridge; Mile Executive Order 13771 directs agencies
AR; Burlington Northern RR Bridge; 57.5; Eight Coast Guard District. to control regulatory costs through a
Mile 90.4; Eighth Coast Guard —§ 117.529 Narraguagus River; budgeting process. This rule has not
District. Millbridge, ME; Highway Bridge; Mile been designated a ‘‘significant
—§ 117.127 Current River; Biggers, AR; 1.8; First Coast Guard District. regulatory action,’’ under Executive
Burlington Northern RR Bridge; Mile —§ 117.739(n)(1) Passaic River; Order 12866. Accordingly, it has not
12.2; Eighth Coast Guard District. Wallington, NJ; Gregory Avenue been reviewed by the Office of
—§ 117.272 Boot Key Harbor; Between Bridge; Mile 14; First Coast Guard Management and Budget (OMB) and
Marathon and Boot Key, FL; Boot Key District. pursuant to OMB guidance it is exempt
Harbor Drawbridge; Mile 0.13; —§ 117.779 Eastchester Bay (Arm of); from the requirements of Executive
Seventh Coast Guard District. Between Rodman Neck and City Order 13771. See OMB’s Memorandum
—§ 117.531(c)(2) Piscataqua River; Island, NY; Highway Bridge; Mile 2.2; ‘‘Guidance Implementing Executive
nshattuck on DSK9F9SC42PROD with RULES

Portsmouth, ME; Sarah M. Long First Coast Guard District. Order 13771, Titled ‘Reducing
(Route 1 Bypass) Secondary —§ 117.805 Peekskill (Annsville) Creek; Regulation and Controlling Regulatory
Recreation Draw; Mile 2.5; First Coast Peekskill, NY; Conrail Bridge; Mile 0; Costs’’’ (April 5, 2017). DHS considers
Guard District. First Coast Guard District. this final rule to be a deregulatory
—§ 117.599 Fort Point Channel; Boston, —§ 117.1059(d) Snohomish River, action.
MA; Northern Avenue Bridge; Mile Steamboat Slough, and Ebey Bay; As previously explained the above 33
0.1; First Coast Guard District. Everett, WA; SR 2 Highway Bridges; listed bridges, have either been removed

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30038 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations

from the waterway or converted/ D. Federalism and Indian Tribal For the reasons discussed in the
replaced to or by a fixed bridge. The Government preamble, the Coast Guard amends 33
removal of their operating schedules A rule has implications for federalism CFR part 117 as follows:
from 33 CFR 117 Subpart B will have no under Executive Order 13132,
effect on the movement of waterway or PART 117—DRAWBRIDGE
Federalism, if it has a substantial direct
land traffic, but will serve to remove an OPERATION REGULATIONS
effect on the States, on the relationship
outdated and obsolete provision from between the national government and ■ 1. The authority citation for part 117
the CFR. the States, or on the distribution of continues to read as follows:
power and responsibilities among the
B. Impact on Small Entities various levels of government. We have Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
analyzed this rule under that Order and Department of Homeland Security Delegation
The Regulatory Flexibility Act of 1980 No. 0170.1.
(RFA), 5 U.S.C. 601–612, as amended, have determined that it is consistent
with the fundamental federalism ■ 2. Revise § 117.125 to read as follows:
requires federal agencies to consider the
potential impact of regulations on small principles and preemption requirements § 117.125 Black River.
entities during rulemaking. The term described in Executive Order 13132.
Also, this rule does not have tribal The Union Pacific Railroad Bridge,
‘‘small entities’’ comprises small implications under Executive Order mile 3.4 at Paoquet need not open for
businesses, not-for-profit organizations 13175, Consultation and Coordination the passage of vessels.
that are independently owned and with Indian Tribal Governments,
operated and are not dominant in their § 117.127 [Removed]
because it does not have a substantial
fields, and governmental jurisdictions direct effect on one or more Indian ■ 3. Remove § 117.127.
with populations of less than 50,000. tribes, on the relationship between the ■ 4. Revise paragraph (a) in § 117.139 to
The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes, read as follows:
605(b) that this rule will not have a or on the distribution of power and § 117.139 White River.
significant economic impact on a responsibilities between the Federal
substantial number of small entities. (a) The draws of the St. Louis
Government and Indian tribes.
Southwestern railroad bridge, mile 98.9
For the reasons stated in section IV.A E. Unfunded Mandates Reform Act at Clarendon, the Missouri Pacific
above this final rule would not have a railroad bridge, mile 196.3 at Augusta
The Unfunded Mandates Reform Act
significant economic impact on any and the Missouri Pacific railroad bridge,
of 1995 (2 U.S.C. 1531–1538) requires
vessel owner or operator. Federal agencies to assess the effects of mile 254.8 at Newport, shall open on
Under section 213(a) of the Small their discretionary regulatory actions. In signal if at least eight hours notice is
Business Regulatory Enforcement particular, the Act addresses actions given. The draws of any of these bridges
Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a need not be opened for a vessel that
we want to assist small entities in State, local, or tribal government, in the arrives later than two hours after the
understanding this rule. If the rule aggregate, or by the private sector of time specified in the notice, unless a
would affect your small business, $100,000,000 (adjusted for inflation) or second notice of at least eight hours is
organization, or governmental more in any one year. Though this rule given.
jurisdiction and you have questions will not result in such expenditure, we * * * * *
concerning its provisions or options for do discuss the effects of this rule
elsewhere in this preamble. § 117.261 [Amended]
compliance, please contact the person
listed in the FOR FURTHER INFORMATION ■ 5. Amend § 117.261 by removing and
F. Environment reserving paragraphs (b) and (qq).
CONTACT, above.
We have analyzed this rule under
Small businesses may send comments Department of Homeland Security § 117.272 [Removed]
on the actions of Federal employees Management Directive 023–01 and ■ 6. Remove § 117.272.
who enforce, or otherwise determine Commandant Instruction M16475.lD,
§ 117.287 [Amended]
compliance with, Federal regulations to which guides the Coast Guard in
the Small Business and Agriculture complying with the National ■ 7. Amend § 117.287 by removing
Regulatory Enforcement Ombudsman Environmental Policy Act of 1969 paragraph (i).
and the Regional Small Business (NEPA) (42 U.S.C. 4321–4370f), and § 117.309 [Removed]
Regulatory Fairness Boards. The have made a determination that this
action is one of a category of actions ■ 8. Remove § 117.309.
Ombudsman evaluates these actions
annually and rates each agency’s which do not individually or § 117.317 [Amended]
responsiveness to small business. If you cumulatively have a significant effect on ■ 9. Amend § 117.317 by removing
wish to comment on actions by the human environment. This rule paragraph (j) and redesignating
employees of the Coast Guard, call simply promulgates the operating paragraph (k) as paragraph (j).
1–888–REG–FAIR (1–888–734–3247). regulations or procedures for
The Coast Guard will not retaliate drawbridges. This action is categorically § 117.483 [Removed]
against small entities that question or excluded from further review, under ■ 10. Remove § 117.483.
complain about this rule or any policy figure 2–1, paragraph (32)(e), of the
Instruction. § 117.521 [Removed]
or action of the Coast Guard.
nshattuck on DSK9F9SC42PROD with RULES

A preliminary Record of ■ 11. Remove § 117.521.
C. Collection of Information Environmental Consideration and a
Memorandum for the Record are not § 117.527 [Removed]
This rule calls for no new collection required for this rule. ■ 12. Remove § 117.527.
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501– List of Subjects in 33 CFR Part 117 § 117.529 [Removed]
3520). Bridges. ■ 13. Remove § 117.529.

VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1
Document Created: 2018-11-06 09:52:44
Document Modified: 2018-11-06 09:52:44
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 June 27, 2018.
Contact		If you have questions on this rule, call or email Mr. Chris Jaufmann, Office of Bridge Programs; United States Coast Guard Headquarters; telephone 202-372-1512, email [email protected]
FR Citation		83 FR 30036
RIN Number		1625-AA09
83 FR 30036 - Drawbridge Operation Regulation; Technical Amendment; Removal of Obsolete Drawbridge Operating Regulations

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 124 (June 27, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard
