[Federal Register: June 9, 2003 (Volume 68, Number 110)]
[Rules and Regulations]
[Page 34302-34303]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn03-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-03-018]
RIN 1625-AA09
Drawbridge Operation Regulation; Alabama River at Coy, AL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the existing drawbridge operation
regulation for the draw of the railroad swing bridge across the Alabama
River at Coy, Wilcox County, Alabama. The change will reduce the
advance notification requirement for opening the bridge from 48 hours
to 24 hours.
DATES: This rule is effective June 9, 2003.
ADDRESSES: Documents referred to in this rule are available for
inspection or copying at the office of the Eighth Coast Guard District,
Bridge Administration Branch, 501 Magazine Street, New Orleans,
Louisiana 70130-3396, between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (504) 589-2965.
The Bridge Administration Branch maintains the public docket for
this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration
Branch, at (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Good Cause for Not Publishing an NPRM
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds good cause
exists for not publishing an NPRM. Public comment is not necessary
since the proposed change reduces the burden to the public and is being
made at the request of the drawbridge owner, the only party that could
reasonably object to the change.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective less than 30 days after publication in
the Federal Register for the same reasons stated in the preceding
paragraph.
Background and Purpose
The Alabama & Gulf Coast Railway, the owners of the bridge, have
requested a modification in the drawbridge operation of the swing
bridge across the Alabama River, mile 105.3, at Coy. Presently, the
draw of the bridge opens on signal if at least 48-hours notice is given
in accordance with 33 CFR 117.101(a). The owner of the bridge has
requested a change to allow for the bridge to be opened on signal if at
least 24 hours notice is given to lessen the burden on the mariner
while still allowing the owner to make reasonable preparations to open
the bridge.
The regulation at 33 CFR 117.101(a) currently refers to the bridge
as the ``Burlington Northern Santa Fe railroad bridge.'' Due to a
change in ownership, the bridge is now called the ``Alabama & Gulf
Coast Railway Drawbridge.'' This final rule reflects that name change.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security.
This rule improves service to waterways users and will not have a
negative impact on them.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 negative impact on any small entities
because the modification to the regulation improves service to the
waterway users.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking process.
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).
[[Page 34303]]
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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 the preamble.
Taking of Private Property
This rule will 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.
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.
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 cause an
environmental risk to health or risk to safety that may
disproportionately affect children.
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have considered the environmental impact of this rule and
concluded that, under figure 2-1, paragraph 32(e), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. This final rule only affects the timing of
the advance notice required for operation of an existing drawbridge and
will not have any impact on the environment. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out in the preamble, the Coast Guard is amending
part 117 of Title 33, Code of Federal Regulations 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
0
2. Sec. 117.101(a) is revised to read as follows:
Sec. 117.101 Alabama River.
(a) The Alabama & Gulf Coast Railway Drawbridge, mile 105.3, at
Coy, shall open on signal if at least 24 hours notice is given.
* * * * *
Dated: May 29, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-14430 Filed 6-6-03; 8:45 am]
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