[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Rules and Regulations]
[Pages 57492-57494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22921]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0115]
RIN 1625-AA09
Drawbridge Operation Regulation; Grosse Tete Bayou, Iberville
Parish, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Union Pacific railroad swing bridge over Grosse Tete
Bayou, mile 14.7, Iberville Parish, Louisiana. This bridge has been
modified from a swing bridge to a fixed bridge and the current special
operating regulation is no longer applicable or necessary.
DATES: This rule is effective September 18, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2012-0115 and are available by
going to http://www.regulations.gov, inserting USCG-2012-0115 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590,
[[Page 57493]]
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Jim Wetherington, Bridge Specialist, Coast Guard;
telephone 504-671-2128, email [email protected]. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Union Pacific railroad swing
bridge requiring the draw operations in 33 CFR 117.449 (a) was modified
to be a fixed span bridge in May of 2012.
The bridge operator and those transiting in the vicinity of this
bridge have not executed any draw operations since the regulation that
governs the bridge was changed to state that ``the draw * * * need not
be opened for the passage of vessels'' on February 23, 1976. At that
time, all of the internal workings of the bridge were removed.
The Coast Guard has also determined that the waterway is non-tidal
and not susceptible to interstate or foreign commerce thus making the
bridge exempt from bridge permit requirements under Section 107 of the
Coast Guard Authorization Act of 1982 (33 U.S.C. 530). That
determination allowed the bridge owner to modify the existing bridge to
permanently remove the machinery from the bridge and make modification
to the swing span portion of the bridge to render it as a fixed bridge
without a permit. Because of the modification from a swing bridge to a
fixed bridge, the current regulation is no longer applicable and should
be removed from publication. For these reasons, good cause exists for
not publishing a NPRM with respect to this rule because it is
unnecessary.
For similar reasons, 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 (FR). The
railroad bridge has had no openings in 61 years. It has effectively
been a fixed bridge for 36 years due to the lack of internal machinery.
This bridge has now been modified to a fixed bridge. As such, the
bridge is not required to have an operating regulation. This rule only
makes a minor change to the Code of Federal Regulations (CFR), omitting
a regulatory requirement that is no longer applicable or necessary.
Therefore, providing a 30 day notice before making this rule effective
is unnecessary.
B. Basis and Purpose
The Union Pacific railroad swing bridge across Grosse Tette Bayou,
mile 14.7, was modified into a fixed bridge in May of 2012. The
modification of this bridge from a drawbridge to a fixed bridge
necessitates the removal of the drawbridge operation regulation
pertaining to this bridge.
The regulation governing the operation of this bridge is found in
33 CFR 117.449(a). The purpose of this rule is to remove the existing
regulation from the CFR since it governs a bridge that no longer
requires a drawbridge regulation.
C. Discussion of Final Rule
The Coast Guard is changing the regulation in 33 CFR 117.449 by
removing restrictions and the regulatory burden related to the draw
operations for the Union Pacific railroad swing bridge, which has been
modified from a moveable to a fixed bridge, without publishing an NPRM.
The change removes the section of the regulation governing the bridge
since the bridge will no longer be required to comply with 33 CFR part
117. This change does not affect vessel operators using the waterway as
this bridge has not opened since 1951 and has not had the ability to
open since 1976.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
The bridge has been unable to open since 1976. The removal of the
drawbridge regulation does not impact vessel traffic because the
current conditions have been in place for decades. Additionally, the
bridge has been modified to be a fixed bridge so it cannot accommodate
vessel traffic.
2. 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.
Since the drawbridge across the Grosse Tete Bayou, mile 14.7, in
Iberia Parish, LA has been modified to a fixed bridge; the regulation
governing draw operations for this bridge is no longer needed. There is
no new restriction or regulation being imposed by this rule; therefore,
the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
3. Assistance for Small Entities
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
[[Page 57494]]
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.
4. 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).
5. Federalism
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 does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 concluded
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 is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
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. Section 117.449 is revised to read as follows:
Sec. 117.449 Grosse Tete Bayou.
The removable span of the S377 Bridge, mile 15.3 near Rosedale,
shall be opened for the passage of vessels if at least 48 hours notice
is given.
Dated: August 25, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2012-22921 Filed 9-17-12; 8:45 am]
BILLING CODE 9110-04-P