[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Rules and Regulations]
[Pages 13241-13243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04492]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-1065]
RIN 1625-AA09
Drawbridge Operation Regulation; Sabine River, Near Ruliff, 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 Kansas City Southern (KCS) Railroad drawbridge
across Sabine River, mile 36.2, between Newton County, TX and Calcasieu
Parish, LA. The drawbridge was converted to a fixed bridge in 2012 and
the operating regulation is no longer applicable or necessary.
DATES: This rule is effective February 27, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-1065. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, 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 Administration Branch, Coast
Guard; telephone 504-671-2128, email [email protected]. If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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)(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 Kansas City Southern Railroad
Bridge over the Sabine River, mile 36.2, that once required draw
operations in 33 CFR 117.493(b), was converted to a fixed bridge in
2012. Therefore, the regulation is no longer applicable and shall be
removed from publication. It is unnecessary to publish an NPRM because
this regulatory action does not purport to place any restrictions on
mariners but rather removes a restriction that has no further use or
value.
Under 5 U.S.C. 553(d)(1), a rule that relieves a restriction is not
required to provide the 30 day notice period before its effective date.
This rule removes the Kansas City Southern (KCS) Railroad Bridge over
the Sabine River, mile 36.2, draw operation requirements under 33 CFR
117. 493(b), thus removing a regulatory restriction on the public.
[[Page 13242]]
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 bridge has had an operation regulation
that states the bridge ``need not open'' since 1992. At that time, the
bridge was rendered effectively fixed with the removal of all
operations equipment associated with that bridge by KCS. The bridge has
been a fixed bridge for one year and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary.
B. Basis and Purpose
The KCS Railroad Bridge across the Sabine River, mile 36.2, was
converted to a fixed bridge in 2012 after 20 years of not being
required to open, by regulation, and being effectively fixed with the
removal of all operations equipment by the owner. It has come to the
attention of the Coast Guard that the governing regulation for this
drawbridge was never removed subsequent to the coversion of the
existing bridge to a fixed bridge. The conversion of this drawbridge
necessitates the removal of the parts of the drawbridge operation
regulation, 33 CFR 117.493(b), that are pertaining to the former
drawbridge.
The purpose of this rule is to remove the parts of the paragraph of
33 CFR 117.493(b) that refer to the KCS Railroad Drawbridge at mile
36.2, from the Code of Federal Regulations since it governs a bridge
that is no longer able to be opened.
C. Discussion of Rule
The Coast Guard is changing the regulation in 33 CFR 117.493(b) by
removing restrictions and the regulatory burden related to the draw
operations for this bridge that is no longer a drawbridge. The change
removes the part of the paragraph of the regulation governing the KCS
Railroad Bridge, mile 36.2, since the bridge has been converted to a
fixed bridge. This Final Rule seeks to update the Code of Federal
Regulations by removing language that governs the operation of the KCS
Railroad Bridge, mile 36.2, which in fact is no longer a drawbridge.
This change does not affect waterway or land traffic. This change does
not affect nor does it alter the operating schedules in 33 CFR
117.493(a), the remainder of 33 CFR 117.493(b) that governs the
remaining active drawbridge listed in this paragraph nor the remaining
active drawbridges on the Sabine River.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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 Coast Guard does not consider this rule to be ``significant''
under that Order because it is an administrative change and does not
affect the way vessels operate on the waterway.
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.
This rule will have no effect on small entities since this
drawbridge has been converted to a fixed bridge and the regulation
governing draw operations for this bridge is no longer applicable.
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. 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).
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
[[Page 13243]]
11. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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 that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the removal of the parts of the
paragraph of 33 CFR 117.493 (b) that refer to the KCS Railroad
Drawbridge at mile 36.2, from the Code of Federal Regulations since it
governs a bridge that has been converted to a fixed bridge. 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. Revise Sec. 117.493(b) to read as follows:
Sec. 117.493 Sabine River.
* * * * *
(b) The draw of the S12 Bridge, mile 40.8, at Starks, need not be
opened for the passage of vessels.
Dated: January 31, 2013.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2013-04492 Filed 2-26-13; 8:45 am]
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