83_FR_39791 83 FR 39636 - Drawbridge Operation Regulation; Hudson River, Albany and Rensselaer, NY

83 FR 39636 - Drawbridge Operation Regulation; Hudson River, Albany and Rensselaer, NY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 155 (August 10, 2018)

Page Range39636-39638
FR Document2018-17208

The Coast Guard proposes to modify the operating schedule that governs the CSX Transportation Bridge across the Hudson River, mile 146.2, between Albany and Rensselaer, New York. The bridge owner, National Railroad Passenger Corporation (Amtrak), submitted a request to allow the bridge to require four hours' notice for bridge openings. This proposed rule would extend the notice required for bridge opening during the summer months due to the infrequent number of requests, and reduce burden on the bridge tender.

Federal Register, Volume 83 Issue 155 (Friday, August 10, 2018)
[Federal Register Volume 83, Number 155 (Friday, August 10, 2018)]
[Proposed Rules]
[Pages 39636-39638]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17208]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0926]
RIN 1625-AA09


Drawbridge Operation Regulation; Hudson River, Albany and 
Rensselaer, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the CSX Transportation Bridge across the Hudson River, mile 
146.2, between Albany and Rensselaer, New York. The bridge owner, 
National Railroad Passenger Corporation (Amtrak), submitted a request 
to allow the bridge to require four hours' notice for bridge openings. 
This proposed rule would extend the notice required for bridge opening 
during the summer months due to the infrequent number of requests, and 
reduce burden on the bridge tender.

DATES: Comments and related material must reach the Coast Guard on or 
before October 9, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0926 using Federal e-Rulemaking 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 Miss Stephanie E. Lopez, Bridge Management 
Specialist, First Coast Guard District, telephone (212) 514-4335, email 
[email protected].

[[Page 39637]]


SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The CSX Transportation (Livingston Ave) Bridge at mile 146.2, 
across the Hudson River, between Albany and Rensselaer, New York, has a 
vertical clearance of 25 feet at mean high water and 32 feet at mean 
low water. Vertical clearance is unlimited when the draw is open. 
Horizontal clearance is approximately 98 feet. The waterway users 
include recreational and commercial vessels including tugboat/barge 
combinations as well as tour/dinner boats.
    The existing drawbridge operating regulation, 33 CFR 117.791(c), 
requires the draw of CSX Transportation Bridge to open on signal; 
except that, from December 16 through March 31, the draw shall open on 
signal if at least 24 hours' notice is given.
    The owner of the bridge, National Railroad Passenger Corporation, 
requested a change to the drawbridge operating regulations to allow the 
bridge owner to require 4 hours' notice before the draw opens on signal 
between April 1 and December 15, from 11 p.m. to 7 a.m., due to 
infrequent requests to open the bridge. This rule change will allow for 
more efficient and economical operation of the bridge while still 
meeting the reasonable needs of navigation.

III. Discussion of Proposed Rule

    Review of the bridge logs in the last three years shows that the 
bridge averages a total of 24 openings annually during the period from 
April 1 to December 15, between 11 p.m. and 7 a.m. A preliminary notice 
sent September 8, 2017, to various stakeholders and agencies indicated 
no objection to the proposed rule change from mariners or other 
stakeholders. The Coast Guard proposes to permanently change the 
drawbridge operating regulation 33 CFR 117.791(c).
    The proposed rule would provide that, from April 1 through December 
15, between the hours 7 a.m. and 11 p.m., the draw shall open on 
signal, and between the hours of 11 p.m. and 7 a.m., the draw shall 
open on signal if at least 4 hours notice is given. It is our opinion 
that this rule meets the reasonable needs of marine and rail traffic.

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 Office of Management and Budget (OMB) has not 
reviewed the NPRM and pursuant to OMB guidance, it is exempt from the 
requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that 
vessels can still open the draw and transit the bridge given advanced 
notice. We believe that this proposed change to the drawbridge 
operation regulations at 33 CFR 117.791(c) will meet the reasonable 
needs of navigation.

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 bridge provides 25 feet of vertical clearance at mean high 
water that should accommodate all the present vessel traffic except 
deep draft vessels. The bridge will continue to open on signal for any 
vessel provided at least 4 hour advance notice is given. While some 
owners or operators of vessels intending to transit the bridge may be 
small entities, for the reasons stated in section IV.A above, this 
proposed rule would not have a significant economic impact on any 
vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Government

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of

[[Page 39638]]

their discretionary regulatory actions. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector of 
$100,000,000 (adjusted for inflation) or more in any one year. Though 
this proposed rule will not result in such an expenditure, we do 
discuss the effects of this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed 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.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed 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 e-
Rulemaking 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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

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

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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

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

0
2. In Sec.  117.791, revise paragraph (c) to read as follows:


Sec.  117.791  Hudson River.

* * * * *
    (c) The draw of the CSX Transportation Bridge, mile 146.2, between 
Albany and Rensselaer, shall open on signal; except that, from April 1 
through December 15, from 11 p.m. to 7 a.m., the draw shall open on 
signal if at least 4 hours notice is given and, from December 16 
through March 31, the draw shall open on signal if at least 24 hours 
notice is given.
* * * * *

    Dated: July 26, 2018.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2018-17208 Filed 8-9-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                 39636                   Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules

                                                 PART 39—AIRWORTHINESS                                   (ALS) Part 2—Damage Tolerant                          Office—EAL, Rond-Point Emile Dewoitine
                                                 DIRECTIVES                                              Airworthiness Limitation Items (DT–ALI),              No: 2, 31700 Blagnac Cedex, France;
                                                                                                         Revision 02, Issue 2, dated November 22,              telephone +33 5 61 93 36 96; fax +33 5 61
                                                 ■ 1. The authority citation for part 39                 2017, or within 90 days after the effective           93 45 80; email airworthiness.A330–A340@
                                                                                                         date of this AD, whichever occurs later.              airbus.com; internet http://www.airbus.com.
                                                 continues to read as follows:                                                                                 You may view this service information at the
                                                     Authority: 49 U.S.C. 106(g), 40113, 44701.          (h) No Alternative Actions or Intervals               FAA, Transport Standards Branch, 2200
                                                                                                           After the maintenance or inspection                 South 216th St., Des Moines, WA. For
                                                 § 39.13   [Amended]                                     program has been revised as required by               information on the availability of this
                                                 ■ 2. The FAA amends § 39.13 by adding                   paragraph (g) of this AD, no alternative              material at the FAA, call 206–231–3195.
                                                 the following new airworthiness                         actions (e.g., inspections) or intervals may be         Issued in Des Moines, Washington, on July
                                                 directive (AD):                                         used unless the actions or intervals are              23, 2018.
                                                                                                         approved as an alternative method of
                                                 Airbus SAS: Docket No. FAA–2018–0639;                   compliance (AMOC) in accordance with the              James Cashdollar,
                                                     Product Identifier 2018–NM–058–AD.                  procedures specified in paragraph (j)(1) of           Acting Director, System Oversight Division,
                                                                                                         this AD.                                              Aircraft Certification Service.
                                                 (a) Comments Due Date
                                                                                                                                                               [FR Doc. 2018–16501 Filed 8–9–18; 8:45 am]
                                                   We must receive comments by September                 (i) Terminating Action
                                                                                                                                                               BILLING CODE 4910–13–P
                                                 24, 2018.                                                  Accomplishing the action required by
                                                 (b) Affected ADs                                        paragraph (g) of this AD terminates all
                                                                                                         requirements of AD 2017–19–13.
                                                   This AD affects AD 2017–19–13,                                                                              DEPARTMENT OF HOMELAND
                                                 Amendment 39–19043 (82 FR 43837,                        (j) Other FAA AD Provisions                           SECURITY
                                                 September 20, 2017) (‘‘AD 2017–19–13’’).                   The following provisions also apply to this
                                                                                                         AD:                                                   Coast Guard
                                                 (c) Applicability
                                                                                                            (1) Alternative Methods of Compliance
                                                    This AD applies to the Airbus SAS                    (AMOCs): The Manager, International                   33 CFR Part 117
                                                 airplanes specified in paragraphs (c)(1),               Section, Transport Standards Branch, FAA,
                                                 (c)(2), and (c)(3) of this AD, certificated in          has the authority to approve AMOCs for this           [Docket No. USCG–2017–0926]
                                                 any category, with an original certificate of           AD, if requested using the procedures found
                                                 airworthiness or original export certificate of                                                               RIN 1625–AA09
                                                                                                         in 14 CFR 39.19. In accordance with 14 CFR
                                                 airworthiness issued on or before November              39.19, send your request to your principal
                                                 22, 2017.                                               inspector or local Flight Standards District
                                                                                                                                                               Drawbridge Operation Regulation;
                                                    (1) Model A330–223F and –243F airplanes.             Office, as appropriate. If sending information        Hudson River, Albany and Rensselaer,
                                                    (2) Model A330–201, –202, –203, –223, and            directly to the International Section, send it        NY
                                                 –243 airplanes.                                         to the attention of the person identified in
                                                    (3) Model A330–301, –302, –303, –321,
                                                                                                                                                               AGENCY:   Coast Guard, DHS.
                                                                                                         paragraph (k)(2) of this AD. Information may
                                                 –322, –323, –341, –342, and –343 airplanes.             be emailed to: 9-ANM-116-AMOC-                        ACTION:   Notice of proposed rulemaking.
                                                                                                         REQUESTS@faa.gov.
                                                 (d) Subject
                                                                                                            (i) Before using any approved AMOC,                SUMMARY:    The Coast Guard proposes to
                                                   Air Transport Association (ATA) of                    notify your appropriate principal inspector,          modify the operating schedule that
                                                 America Code 05, Time Limits/Maintenance                or lacking a principal inspector, the manager         governs the CSX Transportation Bridge
                                                 Checks.                                                 of the local flight standards district office/        across the Hudson River, mile 146.2,
                                                 (e) Reason
                                                                                                         certificate holding district office.                  between Albany and Rensselaer, New
                                                                                                            (ii) AMOC letter AIR–676–18–111 R1,                York. The bridge owner, National
                                                    This AD was prompted by a revision of a              dated January 29, 2018, approved previously           Railroad Passenger Corporation
                                                 certain airworthiness limitations item (ALI)            for AD 2017–19–13, is approved as an AMOC
                                                 document, which specifies new or more
                                                                                                                                                               (Amtrak), submitted a request to allow
                                                                                                         for the corresponding provisions of this AD.
                                                 restrictive maintenance instructions and                                                                      the bridge to require four hours’ notice
                                                                                                            (2) Contacting the Manufacturer: For any
                                                 airworthiness limitations, and a                        requirement in this AD to obtain corrective           for bridge openings. This proposed rule
                                                 determination that those maintenance                    actions from a manufacturer, the action must          would extend the notice required for
                                                 instructions and airworthiness limitations are          be accomplished using a method approved               bridge opening during the summer
                                                 necessary. We are issuing this AD to address            by the Manager, International Section,                months due to the infrequent number of
                                                 fatigue cracking, damage, and corrosion in              Transport Standards Branch, FAA; or the               requests, and reduce burden on the
                                                 principal structural elements; such fatigue             European Aviation Safety Agency (EASA); or            bridge tender.
                                                 cracking, damage, and corrosion could result            Airbus SAS’s EASA Design Organization                 DATES: Comments and related material
                                                 in reduced structural integrity of the                  Approval (DOA). If approved by the DOA,
                                                 airplane.                                               the approval must include the DOA-
                                                                                                                                                               must reach the Coast Guard on or before
                                                                                                         authorized signature.                                 October 9, 2018.
                                                 (f) Compliance                                                                                                ADDRESSES: You may submit comments
                                                    Comply with this AD within the                       (k) Related Information                               identified by docket number USCG–
                                                 compliance times specified, unless already                (1) Refer to Mandatory Continuing                   2017–0926 using Federal e-Rulemaking
                                                 done.                                                   Airworthiness Information (MCAI) EASA                 Portal at http://www.regulations.gov.
                                                                                                         Airworthiness Directive 2018–0068, dated                See the ‘‘Public Participation and
                                                 (g) Maintenance or Inspection Program                   March 26, 2018, for related information. This
                                                 Revision                                                                                                      Request for Comments’’ portion of the
                                                                                                         MCAI may be found in the AD docket on the
                                                    Within 90 days after the effective date of           internet at http://www.regulations.gov by             SUPPLEMENTARY INFORMATION section
                                                 this AD, revise the maintenance or inspection           searching for and locating Docket No. FAA–            below for instructions on submitting
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 program, as applicable, to incorporate the              2018–0639.                                            comments.
                                                 information specified in Airbus A330                      (2) For more information about this AD,             FOR FURTHER INFORMATION CONTACT: If
                                                 Airworthiness Limitations Section (ALS) Part            contact Vladimir Ulyanov, Aerospace                   you have questions on this proposed
                                                 2—Damage Tolerant Airworthiness                         Engineer, International Section, Transport
                                                 Limitation Items (DT–ALI), Revision 02,                 Standards Branch, FAA, 2200 South 216th               rule, call or email Miss Stephanie E.
                                                 Issue 2, dated November 22, 2017. The initial           St., Des Moines, WA 98198; telephone and              Lopez, Bridge Management Specialist,
                                                 compliance time for accomplishing the tasks             fax 206–231–3229.                                     First Coast Guard District, telephone
                                                 is at the applicable times specified in Airbus            (3) For service information identified in           (212) 514–4335, email
                                                 A330 Airworthiness Limitations Section                  this AD, contact Airbus SAS, Airworthiness            Stephanie.E.Lopez@uscg.mil.


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                                                                         Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules                                          39637

                                                 SUPPLEMENTARY INFORMATION:                              the draw shall open on signal if at least                If you think that your business,
                                                                                                         4 hours notice is given. It is our opinion            organization, or governmental
                                                 I. Table of Abbreviations
                                                                                                         that this rule meets the reasonable needs             jurisdiction qualifies as a small entity
                                                 CFR Code of Federal Regulations                         of marine and rail traffic.                           and that this rule would have a
                                                 DHS Department of Homeland Security                                                                           significant economic impact on it,
                                                 E.O. Executive order                                    IV. Regulatory Analyses
                                                                                                                                                               please submit a comment (see
                                                 FR Federal Register                                       We developed this proposed rule after               ADDRESSES) explaining why you think it
                                                 OMB Office of Management and Budget                     considering numerous statutes and
                                                 NPRM Notice of proposed rulemaking                                                                            qualifies and how and to what degree
                                                                                                         Executive Orders related to rulemaking.               this rule would economically affect it.
                                                 SNPRM Supplemental notice of proposed
                                                   rulemaking                                            Below we summarize our analyses                          Under section 213(a) of the Small
                                                 Pub. L. Public Law                                      based on these statutes and Executive                 Business Regulatory Enforcement
                                                 § Section                                               Orders and we discuss First                           Fairness Act of 1996 (Pub. L. 104–121),
                                                 U.S.C. United States Code                               Amendment rights of protestors.                       we want to assist small entities in
                                                 II. Background, Purpose and Legal                       A. Regulatory Planning and Review                     understanding this proposed rule. If the
                                                 Basis                                                                                                         rule would affect your small business,
                                                                                                            Executive Orders 12866 and 13563                   organization, or governmental
                                                    The CSX Transportation (Livingston                   direct agencies to assess the costs and               jurisdiction and you have questions
                                                 Ave) Bridge at mile 146.2, across the                   benefits of available regulatory                      concerning its provisions or options for
                                                 Hudson River, between Albany and                        alternatives and, if regulation is                    compliance, please contact the person
                                                 Rensselaer, New York, has a vertical                    necessary, to select regulatory                       listed in the FOR FURTHER INFORMATION
                                                 clearance of 25 feet at mean high water                 approaches that maximize net benefits.                CONTACT, above. The Coast Guard will
                                                 and 32 feet at mean low water. Vertical                 Executive Order 13771 directs agencies                not retaliate against small entities that
                                                 clearance is unlimited when the draw is                 to control regulatory costs through a                 question or complain about this
                                                 open. Horizontal clearance is                           budgeting process. This NPRM has not                  proposed rule or any policy or action of
                                                 approximately 98 feet. The waterway                     been designated a ‘‘significant                       the Coast Guard.
                                                 users include recreational and                          regulatory action,’’ under Executive
                                                 commercial vessels including tugboat/                   Order 12866. Accordingly, the Office of               C. Collection of Information
                                                 barge combinations as well as tour/                     Management and Budget (OMB) has not                     This proposed rule would call for no
                                                 dinner boats.                                           reviewed the NPRM and pursuant to                     new collection of information under the
                                                    The existing drawbridge operating                    OMB guidance, it is exempt from the                   Paperwork Reduction Act of 1995 (44
                                                 regulation, 33 CFR 117.791(c), requires                 requirements of Executive Order 13771.                U.S.C. 3501–3520).
                                                 the draw of CSX Transportation Bridge                      This regulatory action determination
                                                 to open on signal; except that, from                    is based on the ability that vessels can              D. Federalism and Indian Tribal
                                                 December 16 through March 31, the                       still open the draw and transit the                   Government
                                                 draw shall open on signal if at least 24                bridge given advanced notice. We                         A rule has implications for federalism
                                                 hours’ notice is given.                                 believe that this proposed change to the              under Executive Order 13132,
                                                    The owner of the bridge, National                    drawbridge operation regulations at 33                Federalism, if it has a substantial direct
                                                 Railroad Passenger Corporation,                         CFR 117.791(c) will meet the reasonable               effect on the States, on the relationship
                                                 requested a change to the drawbridge                    needs of navigation.                                  between the national government and
                                                 operating regulations to allow the bridge                                                                     the States, or on the distribution of
                                                                                                         B. Impact on Small Entities
                                                 owner to require 4 hours’ notice before                                                                       power and responsibilities among the
                                                 the draw opens on signal between April                     The Regulatory Flexibility Act of 1980             various levels of government. We have
                                                 1 and December 15, from 11 p.m. to 7                    (RFA), 5 U.S.C. 601–612, as amended,                  analyzed this proposed rule under that
                                                 a.m., due to infrequent requests to open                requires federal agencies to consider the             Order and have determined that it is
                                                 the bridge. This rule change will allow                 potential impact of regulations on small              consistent with the fundamental
                                                 for more efficient and economical                       entities during rulemaking. The term                  federalism principles and preemption
                                                 operation of the bridge while still                     ‘‘small entities’’ comprises small                    requirements described in Executive
                                                 meeting the reasonable needs of                         businesses, not-for-profit organizations              Order 13132.
                                                 navigation.                                             that are independently owned and                         Also, this proposed rule does not have
                                                                                                         operated and are not dominant in their                tribal implications under Executive
                                                 III. Discussion of Proposed Rule                        fields, and governmental jurisdictions                Order 13175, Consultation and
                                                    Review of the bridge logs in the last                with populations of less than 50,000.                 Coordination with Indian Tribal
                                                 three years shows that the bridge                       The Coast Guard certifies under 5 U.S.C.              Governments, because it would not have
                                                 averages a total of 24 openings annually                605(b) that this proposed rule would not              a substantial direct effect on one or
                                                 during the period from April 1 to                       have a significant economic impact on                 more Indian tribes, on the relationship
                                                 December 15, between 11 p.m. and 7                      a substantial number of small entities.               between the Federal Government and
                                                 a.m. A preliminary notice sent                             The bridge provides 25 feet of vertical            Indian tribes, or on the distribution of
                                                 September 8, 2017, to various                           clearance at mean high water that                     power and responsibilities between the
                                                 stakeholders and agencies indicated no                  should accommodate all the present                    Federal Government and Indian tribes.
                                                 objection to the proposed rule change                   vessel traffic except deep draft vessels.             If you believe this proposed rule has
                                                 from mariners or other stakeholders.                    The bridge will continue to open on                   implications for federalism or Indian
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 The Coast Guard proposes to                             signal for any vessel provided at least 4             tribes, please contact the person listed
                                                 permanently change the drawbridge                       hour advance notice is given. While                   in the FOR FURTHER INFORMATION
                                                 operating regulation 33 CFR 117.791(c).                 some owners or operators of vessels                   CONTACT section above.
                                                    The proposed rule would provide                      intending to transit the bridge may be
                                                 that, from April 1 through December 15,                 small entities, for the reasons stated in             E. Unfunded Mandates Reform Act
                                                 between the hours 7 a.m. and 11 p.m.,                   section IV.A above, this proposed rule                  The Unfunded Mandates Reform Act
                                                 the draw shall open on signal, and                      would not have a significant economic                 of 1995 (2 U.S.C. 1531–1538) requires
                                                 between the hours of 11 p.m. and 7 a.m.,                impact on any vessel owner or operator.               Federal agencies to assess the effects of


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                                                 39638                   Federal Register / Vol. 83, No. 155 / Friday, August 10, 2018 / Proposed Rules

                                                 their discretionary regulatory actions. In              www.regulations.gov. If your material                 ENVIRONMENTAL PROTECTION
                                                 particular, the Act addresses actions                   cannot be submitted using http://                     AGENCY
                                                 that may result in the expenditure by a                 www.regulations.gov, contact the person
                                                 State, local, or tribal government, in the              in the FOR FURTHER INFORMATION                        40 CFR Parts 52 and 70
                                                 aggregate, or by the private sector of                  CONTACT section of this document for                  [EPA–R04–OAR–2018–0296; FRL–9982–
                                                 $100,000,000 (adjusted for inflation) or                alternate instructions.                               02—Region 4]
                                                 more in any one year. Though this
                                                 proposed rule will not result in such an                   We accept anonymous comments. All
                                                                                                                                                               Air Plan and Operating Permit Program
                                                 expenditure, we do discuss the effects of               comments received will be posted
                                                                                                                                                               Approval: AL, GA and SC; Revisions to
                                                 this proposed rule elsewhere in this                    without change to http://
                                                                                                                                                               Public Notice Provisions in Permitting
                                                 preamble.                                               www.regulations.gov and will include                  Programs
                                                                                                         any personal information you have
                                                 F. Environment                                          provided. For more about privacy and                  AGENCY:  Environmental Protection
                                                   We have analyzed this proposed rule                   the docket, visit http://                             Agency (EPA).
                                                 under Department of Homeland                            www.regulations.gov/privacynotice.                    ACTION: Proposed rule.
                                                 Security Management Directive 023–01                       Documents mentioned in this NPRM
                                                 and Commandant Instruction                                                                                    SUMMARY:   The Environmental Protection
                                                                                                         as being available in this docket and all             Agency (EPA) is proposing to approve
                                                 M16475.lD, which guides the Coast                       public comments, will be in our online
                                                 Guard in complying with the National                                                                          portions of State Implementation Plan
                                                                                                         docket at http://www.regulations.gov                  (SIP) revisions and the Title V Operating
                                                 Environmental Policy Act of 1969
                                                                                                         and can be viewed by following that                   Permit Program revisions submitted on
                                                 (NEPA) (42 U.S.C. 4321–4370f), and
                                                 have made a preliminary determination                   website’s instructions. Additionally, if              May 19, 2017, by the State of Alabama,
                                                 that this action is one of a category of                you go to the online docket and sign up               through the Alabama Department of
                                                 actions which do not individually or                    for email alerts, you will be notified                Environmental Management (ADEM);
                                                 cumulatively have a significant effect on               when comments are posted or a final                   submitted on November 29, 2017, by the
                                                 the human environment. This proposed                    rule is published.                                    State of Georgia, through the Georgia
                                                 rule simply promulgates the operating                                                                         Environmental Protection Division
                                                                                                         List of Subjects in 33 CFR Part 117
                                                 regulations or procedures for                                                                                 (Georgia EPD); and submitted on
                                                 drawbridges. Normally, such actions are                     Bridges.                                          September 5, 2017, by the State of South
                                                 categorically excluded from further                                                                           Carolina, through the South Carolina
                                                                                                           For the reasons discussed in the                    Department of Health and
                                                 review, under figure 2–1, paragraph
                                                 (32)(e), of the instruction.                            preamble, the Coast Guard proposes to                 Environmental Control (SC DHEC).
                                                   A preliminary Record of                               amend 33 CFR part 117 as follows:                     These revisions address the public
                                                 Environmental Consideration and a                                                                             notice rule provisions for the New
                                                 Memorandum for the Record are not                       PART 117—DRAWBRIDGE                                   Source Review (NSR) and Title V
                                                 required for this proposed rule. We seek                OPERATION REGULATIONS                                 Operating Permit programs (Title V) of
                                                 any comments or information that may                                                                          the Clean Air Act (CAA or Act) that
                                                 lead to the discovery of a significant                  ■ 1. The authority citation for part 117              remove the mandatory requirement to
                                                 environmental impact from this                          continues to read as follows:                         provide public notice of a draft air
                                                 proposed rule.                                            Authority: 33 U.S.C. 499; 33 CFR 1.05–1;            permit in a newspaper and that allow
                                                                                                         Department of Homeland Security Delegation            electronic notice (‘‘e-notice’’) as an
                                                 G. Protest Activities                                                                                         alternate noticing option. EPA is
                                                                                                         No. 0170.1.
                                                   The Coast Guard respects the First                                                                          proposing to approve these revisions
                                                 Amendment rights of protesters.                         ■ 2. In § 117.791, revise paragraph (c) to            pursuant to the CAA and implementing
                                                 Protesters are asked to contact the                     read as follows:                                      federal regulations.
                                                 person listed in the FOR FURTHER                                                                              DATES: Written comments must be
                                                 INFORMATION CONTACT section to                          § 117.791      Hudson River.
                                                                                                                                                               received on or before September 10,
                                                 coordinate protest activities so that your              *      *    *     *    *                              2018.
                                                 message can be received without                            (c) The draw of the CSX
                                                 jeopardizing the safety or security of                                                                        ADDRESSES:   Submit your comments,
                                                                                                         Transportation Bridge, mile 146.2,                    identified by Docket ID No. EPA–R04–
                                                 people, places or vessels.                              between Albany and Rensselaer, shall                  OAR–2018–0296 at http://
                                                 V. Public Participation and Request for                 open on signal; except that, from April               www.regulations.gov. Follow the online
                                                 Comments                                                1 through December 15, from 11 p.m. to                instructions for submitting comments.
                                                   We view public participation as                       7 a.m., the draw shall open on signal if              Once submitted, comments cannot be
                                                 essential to effective rulemaking, and                  at least 4 hours notice is given and, from            edited or removed from Regulations.gov.
                                                 will consider all comments and material                 December 16 through March 31, the                     EPA may publish any comment received
                                                 received during the comment period.                     draw shall open on signal if at least 24              to its public docket. Do not submit
                                                 Your comment can help shape the                         hours notice is given.                                electronically any information you
                                                 outcome of this rulemaking. If you                      *      *    *     *    *                              consider to be Confidential Business
                                                 submit a comment, please include the                                                                          Information (CBI) or other information
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                           Dated: July 26, 2018.                               whose disclosure is restricted by statute.
                                                 docket number for this rulemaking,
                                                 indicate the specific section of this                   A.J. Tiongson,                                        Multimedia submissions (audio, video,
                                                 document to which each comment                          Rear Admiral, U.S. Coast Guard, Commander,            etc.) must be accompanied by a written
                                                 applies, and provide a reason for each                  First Coast Guard District.                           comment. The written comment is
                                                 suggestion or recommendation.                           [FR Doc. 2018–17208 Filed 8–9–18; 8:45 am]            considered the official comment and
                                                   We encourage you to submit                            BILLING CODE 9110–04–P                                should include discussion of all points
                                                 comments through the Federal e-                                                                               you wish to make. EPA will generally
                                                 Rulemaking Portal at http://                                                                                  not consider comments or comment


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Document Created: 2018-08-10 01:57:44
Document Modified: 2018-08-10 01:57:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before October 9, 2018.
ContactIf you have questions on this proposed rule, call or email Miss Stephanie E. Lopez, Bridge Management Specialist, First Coast Guard District, telephone (212) 514-4335, email [email protected]
FR Citation83 FR 39636 
RIN Number1625-AA09

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