[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Pages 21839-21841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08580]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0041]
RIN 1625-AA09


Drawbridge Operation Regulation; Green River, Small-house, KY and 
Black River, Jonesboro, 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 drawbridges across Green River, mile 79.6, Small-
house, KY and Black River, mile 41.0, Jonesboro, LA. The Green River 
bridge was removed in 2008 and the Black River bridge was replaced with 
a fixed bridge in 2008 and the operating regulations are no longer 
applicable or necessary.

DATES: This rule is effective April 12, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2013-0041]. 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 Eric Washburn, Bridge Administrator, Western Rivers, 
Coast Guard; telephone 314-269-2378, 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), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the CSX Transportation Railroad 
bridge, that once required draw operations in 33 CFR 117.415(b), was 
removed from the waterway in 2008 and the US84 bridge, that once 
required draw operations in 33 CFR 117.427, was removed from the 
waterway and replaced with a fixed bridge in 2008. Therefore, the 
regulations are 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 CSX Transportation Railroad bridge draw operation 
requirements under 33

[[Page 21840]]

CFR 117.415(b) and the US84 bridge draw operation requirements under 33 
CFR 117.427, thus removing a regulatory restriction on the public. 
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 CSX Transportation Railroad bridge and 
US84 bridge have been removed for 5 years and these rules merely 
require an administrative change to the Code of Federal Regulations, in 
order to omit a regulatory requirement that is no longer applicable or 
necessary.

B. Basis and Purpose

    The CSX Transportation Railroad bridge across Green River, mile 
79.6, was removed in 2008 and the US84 bridge across Black River, mile 
41.0 was removed and replaced with a fixed bridge in 2008. It has come 
to the attention of the Coast Guard that the governing regulations for 
these drawbridges were never removed subsequent to the removal of the 
drawbridges. The elimination of these drawbridges necessitates the 
removal of the drawbridge operation regulations, 33 CFR 117.415(b) and 
33 CFR 117.427, that pertain to the former drawbridges.
    The purpose of this rule is to remove the section (b) of 33 CFR 
117.415 that refers to the CSX Transportation Railroad bridge at mile 
79.6 and 33 CFR 117.427 that refers to the US84 bridge at mile 41.0, 
from the Code of Federal Regulations since it governs bridges that are 
no longer able to be opened.

C. Discussion of Rule

    The Coast Guard is changing the regulations in 33 CFR 117.415(b) 
and 33 CFR 117.427 by removing restrictions and the regulatory burden 
related to the draw operations for these bridges that are no longer in 
existence. The change removes the section (b) of the regulation 
governing the CSX Transportation Railroad bridge since the bridge has 
been removed from the waterway and the US84 bridge since the bridge has 
been replaced with a fixed bridge. This Final Rule seeks to update the 
Code of Federal Regulations by removing language that governs the 
operation of the CSX Transportation Railroad bridge, which in fact no 
longer exists and US84 bridge, 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 
117.415(a) and (c) that govern the remaining active drawbridges on the 
Green 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 these 
drawbridges have been removed and/or replaced with a fixed bridge and 
the regulations governing draw operations for these bridges are 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. 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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed 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

[[Page 21841]]

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

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

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 that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves removing 33 CFR 117.415(b) and 33 CFR 
117.427 due to removal of drawbridges from the waterway. 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.

Sec.  117.415  [Amended]

0
2. In Sec.  117.415, remove paragraph (b), and redesignate paragraph 
(c) as paragraph (b).


Sec.  117.427  [Removed]


0
3. Remove Sec.  117.427.

    Dated: March 28, 2013.
Roy A. Nash,
Rear Admiral, Commander, U.S. Coast Guard, Eighth Coast Guard District.
[FR Doc. 2013-08580 Filed 4-11-13; 8:45 am]
BILLING CODE 9110-04-P