[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Rules and Regulations]
[Pages 34055-34056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14638]
[[Page 34055]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2015-0373]
RIN 1625-AA09
Drawbridge Operation Regulation; Grand River, Grand Haven, MI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Grand Trunk Western Railroad drawbridge at the mouth
of Spring Lake, mile 0.2, at Grand Haven, Ottawa County, Michigan. The
bridge was removed in 1982 and the operating regulation is no longer
applicable or necessary.
DATES: This rule is effective June 15, 2015.
ADDRESSES: The docket for this final rule, [USCG-2015-0373] 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. Lee Soule, Bridge Management Specialist, Ninth Coast
Guard District; telephone (216) 902-6085, 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 Grand Trunk Western Railroad
bridge, that once required draw operations in 33 CFR 117.633, was
removed from the waterway in 1982. 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 removed from the waterway for 33 years
and this rule merely requires an administrative change to the Code of
Federal Regulations, in order to omit a regulatory requirement that is
no longer applicable or necessary. The removal 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 Grand Trunk Western Railroad drawbridge at the mouth of Spring
Lake, mile 0.2, was removed in 1982. It has come to the attention of
the Coast Guard that the governing regulation for this drawbridge was
never removed subsequent to the removal of the bridge. The elimination
of this drawbridge necessitates the removal of the drawbridge operation
regulation, 33 CFR 117.633(d), that pertained to the former drawbridge.
The purpose of this rule is to remove the section of 33 CFR 117.633
that refers to the Grand Trunk Western Railroad drawbridge at the mouth
of Spring Lake, mile 0.2, from the Code of Federal Regulations since it
governs a bridge that has been removed.
C. Discussion of Rule
The Coast Guard is amending the regulation in 33 CFR 117.633 by
removing restrictions and the regulatory burden related to the draw
operations for this bridge that is no longer in existence. The
amendment removes the paragraph of the regulation governing the Grand
Trunk Western Railroad drawbridge since the bridge has been removed
from the waterway. This Final Rule seeks to update the Code of Federal
Regulations by removing language that governs the operation of the
Grand Trunk Western Railroad drawbridge, which in fact no longer
exists. This change does not affect waterway or land traffic. This
change does not affect nor does it alter the operating schedules in 33
CFR 117.633 that governs the remaining active drawbridges on the Grand
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 removed 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,
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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. This rule involves amending 33 CFR 117.633 in the
regulations to remove a drawbridge operating regulation for 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. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
Sec. 117.633 [Amended]
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2. In Sec. 117.633, remove paragraph (d).
Dated: June 2, 2015.
F.M. Midgette,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2015-14638 Filed 6-12-15; 8:45 am]
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