[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Rules and Regulations]
[Pages 33862-33863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13280]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0197]
RIN 1625-AA09
Drawbridge Operation Regulation; West Pearl River, Pearl River,
LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Norfolk Southern Railroad Bridge across the West
Pearl River, mile 22.1 at Pearl River Station, St. Tammany Parish,
Louisiana. The bridge was modified from a swing bridge to a fixed
bridge and the current operating regulation is no longer necessary.
DATES: This rule is effective June 13, 2014.
ADDRESSES: The docket for this final rule, [USCG-2014-0197] 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 Donna Gagliano, Coast Guard; telephone 504-671-2128,
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 Norfolk Southern Railroad Bridge,
that once required draw operations in 33 CFR 117.511(a), crossing the
West Pearl River, was modified from a swing bridge to a fixed bridge in
February 2014. 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)(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
on the West Pearl River since February 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. The
modification has already taken place and the removal of the regulation
will not affect mariners currently operating on this waterway.
Therefore, a delayed effective date is unnecessary.
B. Basis and Purpose
The Norfolk Southern Railroad Bridge across the West Pearl River,
mile 22.1, was modified into a fixed bridge in February of 2014. The
modification of this bridge from a drawbridge to a fixed bridge
necessitates the removal of the drawbridge operation regulation
governing this bridge as published in 33 CFR 117.511.
The purpose of this rule is to remove the section of 33 CFR 117.511
that refers to the Norfolk Southern Railroad Bridge over West Pearl
River at mile 22.1, which is paragraph (a), from the CFR since it
governs a bridge that is no longer able to open.
C. Discussion of Final Rule
The Coast Guard is changing the regulation in 33 CFR 117.511 by
removing restrictions and the regulatory burden related to the draw
operations for the Norfolk Southern Railroad Bridge, which has been
modified from a swing bridge to a fixed bridge. The bridge was modified
based on the known needs of existing vessel traffic in the area and no
requests to open for over 10 years. The change removes paragraph (a)
from 33 CFR 117.511, which is the section of the regulation governing
the Norfolk Southern Railroad Bridge since the bridge is no longer be a
drawbridge.
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
[[Page 33863]]
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
that Order 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.
This rule will have no effect on small entities since this
drawbridge has been modified 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 final 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 which do not
individually or cumulatively have a significant effect on the human
environment. This rule simply removes the operating regulations or
procedures for a moveable 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. 117.511 to read as follows:
Sec. 117.511 West Pearl River.
The draw of the US 90 bridge, mile 7.9 near Pearlington, shall open
on signal if at least four hours notice is given.
Dated: May 19, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2014-13280 Filed 6-12-14; 8:45 am]
BILLING CODE 9110-04-P