[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Rules and Regulations]
[Page 59013-59014]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc07-8]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-07-020]
RIN 1625-AA09
Drawbridge Operation Regulations; Ouachita River, 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 draw of the U.S. 165 bridge, mile 110.1, on the
Ouachita River at Columbia, Louisiana. The drawbridge has been removed
from the waterway. Therefore, the regulation controlling the operation
of the drawbridge is no longer necessary.
DATES: This rule is effective October 18, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, will become part of this docket and will be available for
inspection or copying at room 2.107f, in the Robert A. Young Federal
Building, 1222 Spruce Street, St. Louis, MO 63103-2832, between 8 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator (314) 269-2378.
SUPPLEMENTARY INFORMATION:
Regulatory Information
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 that good
cause exists for not publishing an NPRM. The U.S. 165 bridge was
removed from the waterway and replaced by a fixed high-level bridge.
Since the drawbridge no longer exists, the operating schedule in 33 CFR
117.483 for this bridge is no longer needed and is being removed.
Notice and comment on this action is not necessary, as there is no need
for the regulation to exist any longer.
For the same reason, 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.
Background and Purpose
On May 31, 2001 the Coast Guard issued a permit, later amended on
March 20, 2006, for a fixed, high-level bridge to replace the U.S. 165
bridge, mile 110.1, on the Ouachita River at Columbia, LA. Land traffic
has been shifted to the replacement bridge and the drawbridge, governed
by 33 CFR 117.483, has been removed from the waterway.
Discussion of Rule
This final rule amends 33 CFR 117.483 by removing the regulations
covering U.S. 165 bridge, mile 110.1 at Columbia, as that bridge has
been removed from the waterway.
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 (DHS).
A special operating regulation was established for the drawbridge.
This drawbridge has been removed from the waterway, making the
regulation unnecessary. Vessel traffic can continue to pass under the
new fixed bridge without interference. Therefore, we expect the
economic impact of this rule to be so minimal that a full Regulatory
Evaluation under the regulatory policies and procedures of DHS is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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, to remove an obsolete drawbridge regulation, will
have no impact on any small entities.
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 so that they may 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).
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 this 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.
[[Page 59014]]
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 will not create 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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 there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore this rule is categorically excluded under figure
2-1, paragraph 32(e) of the Instruction from further environmental
documentation. Paragraph 32(e) excludes the promulgation of operating
regulations or procedures for drawbridges from the environmental
documentation requirements of the National Environmental Policy Act
(NEPA). Since this regulation alters the normal operating conditions of
the drawbridge, it falls within this exclusion. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Revise Sec. 117.483 to read as follows:
Sec. 117.483 Ouachita River.
The draw of the S8 Bridge, mile 57.5, at Harrisonburg, shall open
on signal if at least one hour notice is given.
Dated: September 18, 2007.
Joel R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E7-20602 Filed 10-17-07; 8:45 am]
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