[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Rules and Regulations]
[Pages 11118-11120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04743]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2015-0934]
RIN 1625-AA09
Drawbridge Operation Regulation; Saginaw River, Bay City, MI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending its regulations regarding
drawbridge operations in Saginaw River, Bay City, MI. In a final rule
entitled, ``Drawbridge Operation Regulation; Saginaw River, Bay City,
MI'' that appeared in the Federal Register on April 12, 2012, the Coast
Guard revised the drawbridge opening schedules for the Saginaw River
and inadvertently excluded the CSX Railroad Bridge and the Grand Trunk
Western Railroad Bridge. This document amends the regulations by adding
these two bridges back into the regulations.
DATES: This rule is effective March 3, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type [USCG-
2015-0934] in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
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].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
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 publishing of the original final
rule [Docket No. USCG-2011-1013] omitted regulatory language that was
published in the previous rulemaking NPRM, but was inadvertently left
out of the final rule published on April 12, 2012. Therefore, it is
unnecessary to issue a rule without prior notice and opportunity to
comment because the public was already provided an opportunity to
comment on these provisions, had no objections during the previous
comment period, and the operation of the bridges is consistent with
this rule. 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 regulation change has already
taken place and the correction of the regulation will not affect
mariners currently operating on this waterway. Therefore, a delayed
effective date is unnecessary.
The NPRM for the regulations, published on December 8, 2011 (76 FR
76637), proposed to revise Sec. 117.647. At the end of the rule, the
following characters were included in the NPRM: ``* * * * *.'' These
characters indicated the Coast Guard's intention to retain paragraphs
(c) and (d) which were included in the regulations at the time of the
NPRM regarding the CSX Railroad Bridge located at mile 18.0 over the
Saginaw River and the Grand Trunk Western Railroad Bridge located at
mile 19.2 of the Saginaw River. However, the final rule, which was
published on April 24, 2012 (77 FR 21864), did not preserve these
paragraphs. The purpose of this amendment is to ensure that the
regulation accurately reflects the original intention and inclusion of
these inadvertently omitted paragraphs.
III. Discussion of Final Rule
The purpose of this rule is to correct 33 CFR 117.647 in the Code
of Federal Regulations.
As noted above, this rule restores language that was previously
excluded. This rule is correcting the regulation in 33 CFR 117.647 by
restoring the listing of drawbridges allowed to remain closed. The CSX
Railroad Bridge located at mile 18.0 of the Saginaw River and the Grand
Trunk Western Railroad Bridge located on mile 19.2 of the Saginaw River
will retain their current operating schedule. This rule will not affect
waterway traffic or land transportation needs because the status of the
two drawbridges has been in effect since 1994.
[[Page 11119]]
IV. 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 and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget. The Coast Guard does not consider this rule to be
``significant'' under that Order because it is an administrative change
that corrects inadvertently omitted language that is consistent with
the current operation of the bridges. Therefore, this rule does not
affect the way vessels operate on the waterway.
B. 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. While some owners or operators of vessels intending to
transit the bridge may be small entities, for the reasons stated in
section IV.A above, this final rule would not have a significant
economic impact on any vessel owner or operator.
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 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.
C. 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).
D. Federalism and Indian Tribal Government
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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. 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 made a
determination 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 promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, 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.
G. 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.
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. In Sec. 117.647, add paragraphs (c) and (d) to read as follows:
Sec. 117.647 Saginaw River.
* * * * *
(c) The draw of the CSX railroad bridge, mile 18.0, need not be
opened for the passage of vessels. The owner shall return the draw to
an operable condition within a reasonable time when directed by the
District Commander to do so.
(d) The draw of the Grand Trunk Western railroad bridge, mile 19.2,
need not be opened for the passage of vessels.
[[Page 11120]]
Dated: February 10, 2016.
J.E. Ryan,
Rear Admiral, U. S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-04743 Filed 3-2-16; 8:45 am]
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