[Federal Register Volume 78, Number 231 (Monday, December 2, 2013)]
[Rules and Regulations]
[Pages 72023-72025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28695]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0921]
RIN 1625-AA09


Drawbridge Operation Regulation; Genessee River, Rochester, NY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the CSX Transportation Bridge across Genessee River, 
mile 0.9, at Rochester, NY. The drawbridge was removed in 2013 and the 
operating regulation is no longer applicable or necessary.

DATES: This rule is effective December 2, 2013.

ADDRESSES: The docket for this final rule, [USCG-2013-0921] is 
available at 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 final rule. 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. Lee Soule, Bridge Management Specialist, Ninth Coast 
Guard District, Coast Guard; telephone 216-902-6087, 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 Bridge that 
once required draw operations in 33 CFR 117.785 was removed from the 
waterway in 2013. 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 CSX Transportation Bridge draw operation 
requirements under 33 CFR 117.785, 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 bridge was 
removed from the waterway in 2013 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 CSX Transportation Bridge across Genessee River, mile 0.9, was 
removed in 2013. It has come to the attention of the Coast Guard that 
the governing regulation for this drawbridge was never

[[Page 72024]]

removed subsequent to the removal of the drawbridge. The elimination of 
this drawbridge necessitates the removal of the drawbridge operation 
regulation found in 33 CFR 117.785, that pertains to the former 
drawbridge.
    The purpose of this rule is to remove the section of 33 CFR 117.785 
that refers to the CSX Transportation Bridge at mile 0.9 from the Code 
of Federal Regulations since it governs a bridge that has been removed 
from the waterway.

C. Discussion of Rule

    The Coast Guard is revising the regulation in 33 CFR 117.785 by 
removing restrictions and the regulatory burden related to the draw 
operations for this bridge that is no longer in existence. The change 
removes the section of the regulation governing the CSX Transportation 
Bridge since the bridge has been removed from the waterway. This Final 
Rule seeks to update the Code of Federal Regulations by removing 
language that governs the operation of the CSX Transportation Bridge, 
which in fact no longer exists. This change does not affect waterway or 
land traffic. This change does not affect nor does it alter the 
operating schedules in 33 CFR 117.785 that govern the remaining active 
drawbridge on the Genessee 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 removed 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.

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 an administrative change to remove an 
existing drawbridge regulation for a drawbridge that has been removed 
from the waterway. This rule is categorically

[[Page 72025]]

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.  117.785 to read as follows:


Sec.  117.785  Genessee River.

    The draw of the Colonel Patrick Henry O'Rorke Memorial Bridge, mile 
1.2 at Rochester, shall open on signal from April 1 through December 
15; however, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m., Monday 
through Friday, except Federal holidays, the draw need be opened only 
for the passage of commercial vessels. From 9 a.m. to 4 p.m. and 6 p.m. 
to 11 p.m., Monday through Friday, except Federal holidays, and from 7 
a.m. to 11 p.m. on Saturdays, Sundays, and Federal holidays, the draw 
need be opened only on the hour and half-hour, except that commercial 
vessels shall be passed at any time. From December 16 through March 31, 
the draw shall open on signal if at least 12 hours notice is given. The 
owners of the bridge shall maintain clearance gauges in accordance with 
33 CFR 118.160.

    Dated: November 16, 2013.
F. M. Midgette,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 2013-28695 Filed 11-29-13; 8:45 am]
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