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Federal Register/Vol. 84, No. 230/Friday, November 29, 2019/Rules and Regulations Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations 65677 listed in the FOR FURTHER INFORMATION F. Environment Dated: September 13, 2019. CONTACT, above. John P. Nadeau, Small businesses may send comments We have analyzed this rule under Rear Admiral, U.S. Coast Guard, Commander, on the actions of Federal employees Department of Homeland Security Eighth Coast Guard District. who enforce, or otherwise determine Management Directive 023–01, U.S. Coast Guard Environmental Planning Editorial Note: This document was compliance with, Federal regulations to submitted to the Office of the Federal the Small Business and Agriculture Policy COMDTINST 5090.1 (series) and Register on November 25, 2019. Regulatory Enforcement Ombudsman U.S. Coast Guard Environmental [FR Doc. 2019–25977 Filed 11–27–19; 8:45 am] and the Regional Small Business Planning Implementation Procedures BILLING CODE 9110–04–P Regulatory Fairness Boards. The (series) which guide the Coast Guard in Ombudsman evaluates these actions complying with the National annually and rates each agency’s Environmental Policy Act of 1969 DEPARTMENT OF HOMELAND responsiveness to small business. If you (NEPA) (42 U.S.C. 4321–4370f). We SECURITY wish to comment on actions by have made a determination that this employees of the Coast Guard, call 1– action is one of a category of actions that Coast Guard 888–REG–FAIR (1–888–734–3247). The do not individually or cumulatively Coast Guard will not retaliate against have a significant effect on the human 33 CFR Part 165 small entities that question or complain environment. This rule promulgates the [Docket Number USCG–2019–0023] about this rule or any policy or action operating regulations or procedures for of the Coast Guard. drawbridges. This action is categorically RIN 1625–AA00 C. Collection of Information excluded from further review, under paragraph L49, of Chapter 3, Table 3–1 Safety Zone, MBTA Railroad Bridge This rule calls for no new collection of the U.S. Coast Guard Environmental Replacement Project—Annisquam of information under the Paperwork Planning Implementation Procedures. River, Gloucester, MA Reduction Act of 1995 (44 U.S.C. 3501– 3520). Neither a Record of Environmental AGENCY: Coast Guard, DHS. Consideration nor a Memorandum for ACTION: Temporary final rule. D. Federalism and Indian Tribal the Record are required for this rule. Government SUMMARY: The Coast Guard is G. Protest Activities A rule has implications for federalism establishing a temporary safety zone for the navigable waters within 100 yards of under Executive Order 13132, The Coast Guard respects the First the Massachusetts Bay Transportation Federalism, if it has a substantial direct Amendment rights of protesters. Authority (MBTA) Railroad Bridge, at effect on the States, on the relationship Protesters are asked to contact the mile 0.7, across the Annisquam River, between the national government and person listed in the FOR FURTHER the States, or on the distribution of Gloucester, Massachusetts, from INFORMATION CONTACT section to December 1, 2019, through June 30, power and responsibilities among the coordinate protest activities so that your various levels of government. We have 2023. The temporary safety zone is message can be received without necessary to protect personnel, vessels analyzed this rule under that Order and jeopardizing the safety or security of have determined that it is consistent and the marine environment from people, places or vessels. with the fundamental federalism potential hazards created during the principles and preemption requirements List of Subjects in 33 CFR Part 117 replacement project of the MBTA described in Executive Order 13132. Railroad Bridge. When enforced, this Also, this rule does not have tribal Bridges. rule would prohibit vessels and persons from being in the safety zone unless implications under Executive Order For the reasons discussed in the 13175, Consultation and Coordination authorized by the Captain of the Port preamble, the Coast Guard amends 33 (COTP) Boston or a designated with Indian Tribal Governments, CFR part 117 as follows: because it does not have a substantial representative. direct effect on one or more Indian PART 117—DRAWBRIDGE DATES: This rule is effective from tribes, on the relationship between the OPERATION REGULATIONS December 1, 2019, through June 30, Federal Government and Indian tribes, 2023. or on the distribution of power and ■ 1. The authority citation for part 117 ADDRESSES: To view documents responsibilities between the Federal continues to read as follows: mentioned in this preamble as being Government and Indian tribes. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; available in the docket, go to the Federal E. Unfunded Mandates Reform Act Department of Homeland Security Delegation eRulemaking Portal at http:// No. 0170.1. www.regulations.gov. Type USCG– The Unfunded Mandates Reform Act 2019–0023 in the ‘‘SEARCH’’ box and of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Revise § 117.113 to read as follows: click ‘‘SEARCH.’’ Click on Open Docket Federal agencies to assess the effects of Folder on the line associated with this their discretionary regulatory actions. In § 117.113 Tensaw River. rule. particular, the Act addresses actions that may result in the expenditure by a The draw of the CSX Transportation FOR FURTHER INFORMATION CONTACT: If State, local, or tribal government, in the Railroad bridge, mile 15.0 at Hurricane, you have questions about this aggregate, or by the private sector of shall open on signal if at least ten-hours- rulemaking, call or email Mark Cutter, $100,000,000 (adjusted for inflation) or notice is given. The draw shall open at Waterways Management Division, U.S. more in any one year. Though this rule the direction of the District Commander. Coast Guard Sector Boston, telephone will not result in such an expenditure, 617–223–4000, email mark.e.cutter@ we do discuss the effects of this rule uscg.mil. elsewhere in this preamble. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:44 Nov 27, 2019 Jkt 250001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\29NOR1.SGM 29NOR1 khammond on DSKJM1Z7X2PROD with RULES 65678 Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations I. Table of Abbreviations This rulemaking is to protect days in advance of the enforcement of CFR Code of Federal Regulations personnel, vessels, and the marine the safety zones. environment from potential hazards COTP Captain of the Port V. Regulatory Analyses DHS Department of Homeland Security created during the replacement project FR Federal Register of the MBTA Railroad Bridge, at mile We developed this rule after MBTA Massachusetts Bay Transportation 0.7, across the Annisquam River, considering numerous statutes and Authority Gloucester, Massachusetts. This Executive orders related to rulemaking. NPRM Notice of proposed rulemaking rulemaking under authority in 46 U.S.C. Below we summarize our analyses NAD 83 North American Datum 1983 70034 (previously 33 U.S.C. 1231). based on a number of these statutes and § Section Executive orders and we discuss First U.S.C. United States Code III. Legal Authority and Need for Rule Amendment rights of protestors. II. Background, Purpose, and Legal The Coast Guard is issuing this rule A. Regulatory Planning and Review Basis under authority in 46 U.S.C. 70034. The Executive Orders 12866 and 13563 COTP Boston and has determined that The MBTA notified Sector Boston that direct agencies to assess the costs and potential hazards associated with the there will be times in which the narrow benefits of available regulatory replacement of the submarine cables, navigable channel underneath the alternatives and, if regulation is MBTA Railroad Bridge, Annisquam abutment construction, and span necessary, to select regulatory River, Gloucester, Massachusetts, will replacement will be a safety concern for approaches that maximize net benefits. need to be closed for the replacement of anyone within the work area or anyone Executive Order 13771 directs agencies submarine cables, abutment transiting within 100 yards of the MBTA to control regulatory costs through a construction, and span replacement. Railroad Bridge. The purpose of this budgeting process. This rule has not In response, on August 19, 2019, the rule is to ensure the safety of vessels been designated a ‘‘significant Coast Guard published a notice of and personnel within 100 yards of the regulatory action,’’ under Executive proposed rulemaking (NPRM) titled MBTA Railroad Bridge before, during, Order 12866. Accordingly, the rule has ‘‘Safety Zone, MBTA Railroad Bridge and after the replacement of the not been reviewed by the Office of Replacement Project—Annisquam submarine cables, abutment Management and Budget (OMB), and River, Gloucester, MA’’ (84 FR 42869). construction, and span replacement. pursuant to OMB guidance it is exempt There we stated why we issued the IV. Discussion of Comments, Changes, from the requirements of Executive NPRM, and invited comments on our and the Rule Order 13771. proposed regulatory action related to This regulatory action determination this safety zone. During the comment As noted above, we received zero is based on the size, location, duration, period that ended on September 18, comments on the NPRM published and time of year of the safety zone. 2019, we received zero comments. August 19, 2019. The only regulatory There may be a time during the boating The replacement project started in the text change in this rule is the start date summer season that the safety zone fall of 2018 and is expected to be is moved from November 1, 2019 to needs to be enforced. However, the completed in December 2022. The December 1, 2019. The contractor has MBTA and contractor are making all COTP Boston determined that the stated that they are behind schedule and attempts to schedule these needed potential hazards associated with the would not need the safety zone prior to closures during the winter months.
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