[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Rules and Regulations]
[Pages 57492-57494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22921]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0115]
RIN 1625-AA09


Drawbridge Operation Regulation; Grosse Tete Bayou, Iberville 
Parish, 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 Union Pacific railroad swing bridge over Grosse Tete 
Bayou, mile 14.7, Iberville Parish, Louisiana. This bridge has been 
modified from a swing bridge to a fixed bridge and the current special 
operating regulation is no longer applicable or necessary.

DATES: This rule is effective September 18, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2012-0115 and are available by 
going to http://www.regulations.gov, inserting USCG-2012-0115 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590,

[[Page 57493]]

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. Jim Wetherington, Bridge Specialist, Coast Guard; 
telephone 504-671-2128, email [email protected]. If you 
have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

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 Union Pacific railroad swing 
bridge requiring the draw operations in 33 CFR 117.449 (a) was modified 
to be a fixed span bridge in May of 2012.
    The bridge operator and those transiting in the vicinity of this 
bridge have not executed any draw operations since the regulation that 
governs the bridge was changed to state that ``the draw * * * need not 
be opened for the passage of vessels'' on February 23, 1976. At that 
time, all of the internal workings of the bridge were removed.
    The Coast Guard has also determined that the waterway is non-tidal 
and not susceptible to interstate or foreign commerce thus making the 
bridge exempt from bridge permit requirements under Section 107 of the 
Coast Guard Authorization Act of 1982 (33 U.S.C. 530). That 
determination allowed the bridge owner to modify the existing bridge to 
permanently remove the machinery from the bridge and make modification 
to the swing span portion of the bridge to render it as a fixed bridge 
without a permit. Because of the modification from a swing bridge to a 
fixed bridge, the current regulation is no longer applicable and should 
be removed from publication. For these reasons, good cause exists for 
not publishing a NPRM with respect to this rule because it is 
unnecessary.
    For similar reasons, 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 (FR). The 
railroad bridge has had no openings in 61 years. It has effectively 
been a fixed bridge for 36 years due to the lack of internal machinery. 
This bridge has now been modified to a fixed bridge. As such, the 
bridge is not required to have an operating regulation. This rule only 
makes a minor change to the Code of Federal Regulations (CFR), omitting 
a regulatory requirement that is no longer applicable or necessary. 
Therefore, providing a 30 day notice before making this rule effective 
is unnecessary.

B. Basis and Purpose

    The Union Pacific railroad swing bridge across Grosse Tette Bayou, 
mile 14.7, was modified into a fixed bridge in May of 2012. The 
modification of this bridge from a drawbridge to a fixed bridge 
necessitates the removal of the drawbridge operation regulation 
pertaining to this bridge.
    The regulation governing the operation of this bridge is found in 
33 CFR 117.449(a). The purpose of this rule is to remove the existing 
regulation from the CFR since it governs a bridge that no longer 
requires a drawbridge regulation.

C. Discussion of Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.449 by 
removing restrictions and the regulatory burden related to the draw 
operations for the Union Pacific railroad swing bridge, which has been 
modified from a moveable to a fixed bridge, without publishing an NPRM. 
The change removes the section of the regulation governing the bridge 
since the bridge will no longer be required to comply with 33 CFR part 
117. This change does not affect vessel operators using the waterway as 
this bridge has not opened since 1951 and has not had the ability to 
open since 1976.

D. 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 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 bridge has been unable to open since 1976. The removal of the 
drawbridge regulation does not impact vessel traffic because the 
current conditions have been in place for decades. Additionally, the 
bridge has been modified to be a fixed bridge so it cannot accommodate 
vessel traffic.

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.
    Since the drawbridge across the Grosse Tete Bayou, mile 14.7, in 
Iberia Parish, LA has been modified to a fixed bridge; the regulation 
governing draw operations for this bridge is no longer needed. 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. Assistance for Small Entities

    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

[[Page 57494]]

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.

4. 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).

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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 require a Statement of Energy Effects 
under Executive Order 13211.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 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. Section 117.449 is revised to read as follows:


Sec.  117.449  Grosse Tete Bayou.

    The removable span of the S377 Bridge, mile 15.3 near Rosedale, 
shall be opened for the passage of vessels if at least 48 hours notice 
is given.

    Dated: August 25, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2012-22921 Filed 9-17-12; 8:45 am]
BILLING CODE 9110-04-P