[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Rules and Regulations]
[Pages 13241-13243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04492]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-1065]
RIN 1625-AA09


Drawbridge Operation Regulation; Sabine River, Near Ruliff, 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 Kansas City Southern (KCS) Railroad drawbridge 
across Sabine River, mile 36.2, between Newton County, TX and Calcasieu 
Parish, LA. The drawbridge was converted to a fixed bridge in 2012 and 
the operating regulation is no longer applicable or necessary.

DATES: This rule is effective February 27, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2012-1065. To view documents mentioned in this preamble as being 
available in the docket, go to 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 rulemaking. 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. Jim Wetherington, Bridge Administration Branch, Coast 
Guard; telephone 504-671-2128, email [email protected]. If 
you have questions on viewing the docket, call Barbara Hairston, 
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)(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 Kansas City Southern Railroad 
Bridge over the Sabine River, mile 36.2, that once required draw 
operations in 33 CFR 117.493(b), was converted to a fixed bridge in 
2012. 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)(1), a rule that relieves a restriction is not 
required to provide the 30 day notice period before its effective date. 
This rule removes the Kansas City Southern (KCS) Railroad Bridge over 
the Sabine River, mile 36.2, draw operation requirements under 33 CFR 
117. 493(b), thus removing a regulatory restriction on the public.

[[Page 13242]]

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 had an operation regulation 
that states the bridge ``need not open'' since 1992. At that time, the 
bridge was rendered effectively fixed with the removal of all 
operations equipment associated with that bridge by KCS. The bridge has 
been a fixed bridge for one year 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.

B. Basis and Purpose

    The KCS Railroad Bridge across the Sabine River, mile 36.2, was 
converted to a fixed bridge in 2012 after 20 years of not being 
required to open, by regulation, and being effectively fixed with the 
removal of all operations equipment by the owner. It has come to the 
attention of the Coast Guard that the governing regulation for this 
drawbridge was never removed subsequent to the coversion of the 
existing bridge to a fixed bridge. The conversion of this drawbridge 
necessitates the removal of the parts of the drawbridge operation 
regulation, 33 CFR 117.493(b), that are pertaining to the former 
drawbridge.
    The purpose of this rule is to remove the parts of the paragraph of 
33 CFR 117.493(b) that refer to the KCS Railroad Drawbridge at mile 
36.2, from the Code of Federal Regulations since it governs a bridge 
that is no longer able to be opened.

C. Discussion of Rule

    The Coast Guard is changing the regulation in 33 CFR 117.493(b) by 
removing restrictions and the regulatory burden related to the draw 
operations for this bridge that is no longer a drawbridge. The change 
removes the part of the paragraph of the regulation governing the KCS 
Railroad Bridge, mile 36.2, since the bridge has been converted to a 
fixed bridge. This Final Rule seeks to update the Code of Federal 
Regulations by removing language that governs the operation of the KCS 
Railroad Bridge, mile 36.2, which in fact is no longer a drawbridge. 
This change does not affect waterway or land traffic. This change does 
not affect nor does it alter the operating schedules in 33 CFR 
117.493(a), the remainder of 33 CFR 117.493(b) that governs the 
remaining active drawbridge listed in this paragraph nor the remaining 
active drawbridges on the Sabine 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 converted 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 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.

[[Page 13243]]

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 the removal of the parts of the 
paragraph of 33 CFR 117.493 (b) that refer to the KCS Railroad 
Drawbridge at mile 36.2, from the Code of Federal Regulations since it 
governs a bridge that has been converted to a fixed 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.  117.493(b) to read as follows:

Sec.  117.493  Sabine River.

* * * * *
    (b) The draw of the S12 Bridge, mile 40.8, at Starks, need not be 
opened for the passage of vessels.

    Dated: January 31, 2013.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2013-04492 Filed 2-26-13; 8:45 am]
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