[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11548-11550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04483]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-1039]
RIN 1625-AA09


Drawbridge Operation Regulation; Chevron Oil Company Canal, 
Fourchon, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adding a special operating regulation 
governing the State Route 3090 (SR 3090) swing span bridge across the 
Chevron Oil Company Canal, mile 0.05, at Fourchon, Louisiana. Since 
construction of the bridge in 1972, the bridge has operated on a 
customary schedule requiring a one-hour advance notice without having a 
special operating regulation in place. This rule codifies the current 
custom and operating schedule of the bridge as a special operating 
regulation.

DATES: This rule is effective March 4, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG 2014-1039]. To view documents mentioned in this preamble as being 
available in the docket, go to http://

[[Page 11549]]

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 Donna Gagliano, Bridge Specialist, Coast Guard; telephone 
504-671-2128, email [email protected]. If you have questions on 
viewing the docket, call Cheryl Collins, 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. This bridge has operated under one-hour 
notice for openings since put in place in 1972 without concern. Local 
community and waterway users are aware and accustomed to the operating 
schedule. In over 40 years of operation of this bridge, no complaints 
have been received by the Coast Guard. Waterway users understand how 
the bridge operates and this Final Rule simply codifies its operation. 
Completing the process of an NPRM is unnecessary because this operating 
practice is in use and accepted by the waterway users.
    For the same 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 bridge 
has been operating under the one-hour advance notification schedule for 
over 40 years. This final rule codifies the existing schedule in 33 CFR 
part 117. Therefore, providing a 30-day notice before making this rule 
effective is unnecessary.

B. Basis and Purpose

    The SR 3090 swing span bridge, locally known as the Fourchon 
Bridge, across the Chevron Oil Company Canal, mile 0.05, at Fourchon, 
LA has a vertical clearance of 12.0 feet above Mean High Water 
elevation, 3.0 feet at Mean Sea Level in the closed-to-navigation 
position, unlimited in the open position. Presently, this bridge opens 
on signal if at least one-hour advanced notification is given to the 
Greater Lafourche Port Commission 24-hour dispatcher. This operating 
schedule has been in place since the bridge was constructed in 1972; 
however, this custom and operating schedule was never codified in 
subpart B, Specific Requirements, under 33 CFR part 117. This final 
rule codifies the existing operating schedule for the bridge. Since 
construction of the bridge, no complaints have been received by the 
Coast Guard from waterway users concerning the operation of the bridge.
    Navigation on the waterway consists of oilfield related equipment, 
houseboats, shrimp boats, and other recreational craft. The bridge has 
opened on average one time per month for the passage of oil field 
equipment, houseboats, shrimp boats, and other recreational crafts. 
During the shrimp season, the bridge may open 8-10 times per month.

C. Discussion of Final Rule

    Under 33 CFR 117.5, bridges are required to open on signal for the 
passage of vessels except as otherwise authorized or required. The SR 
3090 bridge is currently untended and maintained in the closed-to-
navigation position. The bridge opens for the passage of vessels if a 
one-hour advance notice to the Greater Lafourche Port Commission 24-
hour dispatcher. Title 33 CFR 117.40 requires that, if approved, a 
description of the full operation of the advance one-hour notice on the 
drawbridge will be added to subpart B of this part.
    This present operating schedule is known and understood by the 
local waterway users, but this operating schedule is not reflected in 
the CFR. This rule codifies this schedule as a Special Operating 
Requirement under 33 CFR part 117, subpart B.
    The operation of the draw of the SR 3090 swing span bridge across 
the Chevron Oil Company Canal, mile 0.05, at Fourchon, LA is as 
follows: The draw of the SR 3090 bridge at Fourchon shall open on 
signal if at least one-hour notice is given.

D. Regulatory Analyses

    We developed this Final 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 the rule only codifies the current operating 
schedule for the SR 3090 bridge which is already understood, known, and 
accepted by the local bridge and waterway users.

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.
    This rule would affect the following entities, some of which may be 
small entities: The owners or operators of vessels who wish to transit 
the bridge. However, the affect would be negligible as this rule 
codifies the current custom and operating schedule of the bridge that 
mariners are accustomed to and the bridge would still be able to open 
with advance notice.
    This Final Rule formalizes the drawbridge operation custom that has 
been in place since 1972. Therefore, mariners would not be affected 
given that they would not experience any alteration of current 
expectations with regard to current drawbridge operation.

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

[[Page 11550]]

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 would call 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 would not affect 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 would 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 would 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 rule does not use 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 which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the promulgation of special 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from 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. Redesignate Sec. Sec.  117.437 through 117.439 as Sec. Sec.  117.438 
through 117.440, respectively, and add new Sec.  117.437 to read as 
follows:


Sec.  117.437  Chevron Oil Company Canal.

    The draw of the SR 3090, mile 0.05, at Fourchon, shall open on 
signal if at least one-hour notice is given.

    Dated: February 11, 2015.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2015-04483 Filed 3-3-15; 8:45 am]
BILLING CODE 9110-04-P