[Federal Register Volume 79, Number 184 (Tuesday, September 23, 2014)]
[Rules and Regulations]
[Pages 56651-56654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22590]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0386]
RIN 1625-AA09


Drawbridge Operation Regulation; Taylor Bayou Outfall Canal 
(Joint Outfall Canal), TX

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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SUMMARY: The Coast Guard is implementing an operating schedule that 
governs the Valero pontoon-supported swing bridge across Taylor Bayou 
Outfall Canal (Joint Outfall Canal (JOC)), mile 2.44, West Port Arthur, 
Jefferson County, Texas. This bridge provides for Valero's maintenance 
vehicles to cross the waterway. The regulation will allow the bridge to 
remain in the open-to-navigation position except during two scheduled 
daily closures. This regulation increases the efficiency of operations 
allowing for the safe navigation of vessels through the bridge while 
recognizing the bridge's importance to the facility that it serves.

DATES: This interim rule is effective October 23, 2014.
    Comments and related material must reach the Coast Guard on or 
before November 15, 2014.

ADDRESSES: You may submit comments, identified by docket number, using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. James Wetherington; Bridge Administration Branch, 
Eighth Coast Guard District; telephone 504-671-

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2128, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl F. Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
USCG United States Coast Guard
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rule Making
Sec.  Section Symbol
U.S.C. United States Code
JOC Joint Outfall Canal

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2014-0386), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard 
when you successfully transmit the comment. If you fax, hand deliver, 
or mail your comment, it will be considered as having been received by 
the Coast Guard when it is received at the Docket Management Facility. 
We recommend that you include your name and a mailing address, an email 
address, or a phone number in the body of your document so that we can 
contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0386) in the ``SEARCH'' box and click 
``SEARCH.'' Then click on ``Submit a Comment'' on the line associated 
with this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0386) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one to the docket using one of the four methods specified 
under ADDRESSES. Please explain why one would be beneficial. If we 
determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Coast Guard is issuing this interim final rule without prior 
notice 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 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 completing the full notice of proposed rulemaking (NPRM) 
process with respect to this rule. This bridge is replacing a 
previously demolished temporary removable-span bridge located 
approximately 200 yards upstream. The temporary bridge was a removable-
span bridge that remained in place during the day and was removed with 
a crane when passage was required. This process took a minimum of 10 
minutes. While in the closed position, the bridge had a vertical 
clearance of five feet and a horizontal clearance of 35 feet. At night, 
the removable span was completely removed allowing a clear channel of 
35 feet for the passage of vessels with an unlimited vertical 
clearance. In preparation for the new bridge, the bridge owner 
coordinated with waterway users and local facilities and agencies to 
develop an operating schedule. Based upon this coordination, the bridge 
owner requested a special operating regulation for this bridge to best 
serve the maritime and land users as well as local authorities that 
have an interest in this waterway. As a result, the new bridge will 
remain in the open-to-navigation position at all times except during 
two daily scheduled closures. These closures allow for access to 
Valero's property for required scheduled maintenance and testing. 
Notice of each closure will include sound signals and two broadcasts--
the first at one hour before closure and the second at 10 minutes 
before closure.
    Because of the efforts of the bridge owner to coordinate this 
schedule with those using the bridge and waterway, it would be 
impracticable to complete the full NPRM process, delaying the effective 
date for this rule and the coordinated operating schedule. 
Additionally, this rule allows the bridge owner use of the bridge while 
accommodating the waterway users more efficiently without the need for 
a full-time tender. There is also opportunity to comment on this 
interim rule before its effective date and during the first few weeks 
that the operating schedule is in effect. This comment period allows 
for comments on how the new schedule is working before making the rule 
final. Finally, because this operating schedule has been coordinated 
with waterway users in the area, no adverse comments are anticipated. 
The bridge is expected to be complete and fully operational by late 
October, 2014.

 C. Basis and Purpose

    The Coast Guard received a request from the Premcor Refining Group, 
Inc.--A Valero Company to create a special operating schedule for the 
new Valero pontoon-supported swing bridge across Taylor Bayou Outfall 
Canal (JOC), mile 2.44, West Port Arthur, Jefferson County, Texas. Per 
33 CFR 117.41(b), the bridge owner would like to allow

[[Page 56653]]

the bridge to remain open except for two scheduled daily closures.
    This change will allow the bridge owner to leave the bridge in the 
open-to-navigation position while removing the requirement that a 
bridge tender be on the bridge at all times. Notices for each closure 
will include sound signals and two broadcasts--the first at one hour 
before closure and the second at 10 minutes before closure. The bridge 
is a pontoon-supported swing bridge that will remain in the open-to-
navigation position except during two daily maintenance cycles. The 
bridge will have unlimited vertical clearance in the open-to-navigation 
position and a vertical clearance of 11.11 feet in the closed-to-
navigation position. The new bridge will have a horizontal clearance of 
75.0 feet from fender to fender in the open-to-navigation position and 
52 feet from pontoon to fender in the closed-to-navigation position.
    The purpose of the bridge is to allow Valero access to its property 
for daily operations and maintenance. The bridge will only be in the 
closed-to-navigation position during daily scheduled maintenance times 
unless there is an emergency that requires access to the other side of 
the waterway. The one-hour closure request includes two 15-minute 
bridge cycling periods with a 30-minute allowance for maintenance work. 
It would be impracticable to open the bridge during the 30-minute 
maintenance period as it requires 30 minutes to fully cycle the bridge.
    Traffic on this waterway is primarily recreational craft and 
commercial barges. Valero engaged the owners of these vessels through 
multiple discussions leading to the design and operating schedule of 
this bridge.

D. Discussion of Interim Rule

    This interim rule allows the bridge to be unmanned and maintained 
in the fully-open-for-navigation position at all times, with the 
exception of two one-hour closures each day. These scheduled bridge 
closures will occur from 6:30 a.m. to 7:30 a.m. and from 5:30 p.m. to 
6:30 p.m. Notices for each closure will include sound signals and two 
broadcasts--the first at one hour before closure and the second at 10 
minutes before closure. Additionally, the bridge can be opened in 30 
minutes if there is an emergency on the waterway during the scheduled 
closure times. Any other emergencies that require vehicular access to 
the other side of the waterway outside of the normal operating schedule 
require notice to the Coast Guard and broadcasts by the bridge owner 
stating the bridge is to be closed due to an emergency. Additionally, 
visual verification that the waterway is clear prior to the operation 
of the bridge is required.

E. 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.
    This rule allows the bridge to remain in the open-to-navigation 
position at all times with the exception of two scheduled closures each 
day to allow for vehicular traffic. Because the bridge will be left in 
the open position and only closed to vessel traffic for two hours per 
day, one hour in the morning and one hour in the early evening, this 
regulation will have a minimal effect on the waterway users and vessels 
transiting the area. Additionally, the bridge can be opened in 30 
minutes should there be emergency need during one of the scheduled 
closures.

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 Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule would not have a 
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: the property owners, vessel operators and waterway 
users who wish to transit on Taylor Bayou Outfall Canal (JOC) past mile 
2.44 from 6:30 a.m. to 7:30 a.m. and from 5:30 p.m. to 6:30 p.m. daily. 
This rule will not have a significant impact on a substantial number of 
small entities for the following reasons because, through pre-
coordination and consultation with property owners, vessel operators 
and waterway users, this operating schedule will accommodate all 
waterway users with minimal impact.

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 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

[[Page 56654]]

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

    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 determined 
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 simply promulgates the operating regulations or 
procedures for drawbridges. 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. Add Sec.  117.988 to read as follows:

Sec.  117.988  Taylor Bayou Outfall Canal (Joint Outfall Canal (JOC)).

    The draw of the Valero Bridge, mile 2.44, at the Valero facility in 
West Port Arthur, shall operate as follows:
    (a) The draw shall be unmanned and maintained in the fully open-to-
navigation position, except 6:30 a.m. through 7:30 a.m. and 5:30 p.m. 
through 6:30 p.m. daily.
    (b) One hour prior to closing, a broadcast will be made warning of 
the impending closure on VHF-FM channels 16 and 13.
    (c) 10 minutes prior to closing, the broadcast will be repeated 
warning of the impending closure on VHF-FM channels 16 and 13.
    (d) The crewmember/tender will monitor the portable marine radio on 
approach to the bridge. When work crew approaches the bridge, it will 
stop and the crewmember/tender will observe the waterway for 
approaching vessels. If vessels are observed approaching the bridge, 
they will be allowed to pass prior to closing the bridge.
    (e) An audible alarm will be heard during the opening and closing 
sequences of the bridge.
    (f) Emergency marine traffic will be allowed to pass upon request. 
The bridge will require up to 30 minutes to cycle to allow for the 
passage of vessels. This request can be made on VHF-FM channel 16.

    Dated: September 2, 2014.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2014-22590 Filed 9-22-14; 8:45 am]
BILLING CODE 9110-04-P