[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Rules and Regulations]
[Pages 29677-29678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11956]
[[Page 29677]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0279]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway,
Titusville, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the drawbridge across the Atlantic Intracoastal Waterway
mile 878.9, Titusville, Florida. The drawbridge was replaced with a
fixed bridge in 2011 and the operating regulation is no longer
applicable or necessary.
DATES: This rule is effective May 23, 2014.
ADDRESSES: The docket for this final rule [USCG-2014-0279], is
available at 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 final rule. 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. Michael Lieberum, Coast Guard; telephone 305-415-
6744, email [email protected]. If you have questions on
viewing the docket, call Cheryl Collins, 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), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the SR 402/Max Brewer Bridge, that
once required draw operations in 33 CFR 117.261(k), was removed from
Atlantic Intracoastal Waterway mile 878.9 and replaced with a fixed
bridge in 2011. 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 place any restrictions on
mariners. It removes a regulation 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 SR 402/Max Brewer Bridge draw operation
requirements under 33 CFR 117.261(k), thus removing a regulatory
restriction on the public. 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
been a fixed bridge for 3 years 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 SR 402/Max Brewer Bridge across the Atlantic Intracoastal
Waterway mile 878.9 was removed and replaced with a fixed bridge in
2011. It has come to the attention of the Coast Guard that the
governing regulation for this drawbridge was never removed subsequent
to the completion of the fixed bridge that replaced it. The elimination
of this drawbridge necessitates the removal of the drawbridge operation
regulation, 33 CFR 117.261(k), that pertaining to the former
drawbridge.
The purpose of this rule is to remove the section (k) of 33 CFR
117.261 that refers to the SR 402/Max Brewer Bridge at mile 878.9, from
the Code of Federal Regulations because 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 117.261(k) by
removing restrictions and the regulatory burden related to the draw
operations for this bridge that no longer exists. The change removes
the section (k) of the regulation governing the SR 402/Max Brewer
Bridge because the bridge has been replaced with a fixed bridge and the
old bascule bridge was removed from the waterway. This Final Rule seeks
to update the Code of Federal Regulations by removing language that
governs the operation of the SR 402/Max Brewer Bridge, which in fact no
longer exists as 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 117.261 that govern the remaining active
drawbridges on the Atlantic Intracoastal Waterway.
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 and 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 removed and replaced with 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
[[Page 29678]]
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.
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 because it removes a regulation that applied to a
drawbridge that no longer exists. 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
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1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 491; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
Sec. 117.261 [Amended]
0
2. In Sec. 117.261, remove and reserve paragraph (k).
Dated: May 7, 2014.
J.H. Korn,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2014-11956 Filed 5-22-14; 8:45 am]
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