[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Rules and Regulations]
[Pages 1343-1345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-380]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-04-032]
RIN 1625-AA09


Drawbridge Operation Regulation; Boeuf River, Mason, 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 draw of the SR 4 bridge across the Boeuf River, mile 
32.3, near Mason, Louisiana. The existing bridge has been removed from 
service and a replacement bridge has been constructed on the same 
alignment. Since the movable span of the bridge has been removed, the 
regulation controlling the opening and closing of the bridge is no 
longer necessary.

DATES: This rule is effective January 7, 2005.

ADDRESSES: Documents referred to in this rule are available for 
inspection or copying at the office of the Eighth Coast Guard District, 
Bridge Administration Branch, 500 Poydras Street, New Orleans, 
Louisiana 70130-3310, between 7 a.m. and 3 p.m., Monday

[[Page 1344]]

through Friday, except Federal holidays. The telephone number is (504) 
589-2965. The Eighth District Bridge Administration Branch maintains 
the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: David Frank, Bridge Administration 
Branch, at (504) 589-2965.

SUPPLEMENTARY INFORMATION:

Good Cause for not Publishing an NPRM

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds good cause 
exists for not publishing an NPRM. Public comment is not necessary 
since the bridge that the regulation governed is out of service and is 
being completely removed. The bridge no longer affects navigation 
through the area.

Good Cause for Making Rule Effective in Less Than 30 Days

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists 
for making this rule effective in less than 30 days after publication 
in the Federal Register. There is no need to delay the implementation 
of this rule because the bridge it governs is already out of service 
and is being removed.

Background and Purpose

    The existing swing span bridge across the Boeuf River, mile 32.3, 
which had previously serviced the area is in the process of being 
removed and no longer affects navigation. The regulation governing the 
operation of the bridge is found in 33 CFR 117.431. The purpose of this 
rule is to remove 33 CFR 117.431 from the Code of Federal Regulations 
since it governs a bridge that is no longer in service and is being 
removed. This final rule removes the regulation regarding the SR 4 
bridge.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    This rule removes the special regulation for a bridge that is 
already out of service and is being removed.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 temporary 
rule will not have a significant economic impact on a substantial 
number of small entities.
    This rule will have no impact on any small entities because the 
regulation being removed applies to a bridge that has already been 
taken out of service and is being removed.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.
    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).

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

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 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 the preamble.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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 cause an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not

[[Page 1345]]

require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g. specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under 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 there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this temporary rule is categorically excluded, 
under figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. This final rule only involves removal of 
the drawbridge operation regulation for a drawbridge that has been 
removed from service. It will not have any impact on the environment.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


Sec.  117.431  [Removed]

0
2. Section 117.431 is removed.

    Dated: December 29, 2004.
Kevin L. Marshall,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
[FR Doc. 05-380 Filed 1-6-05; 8:45 am]
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