[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Rules and Regulations]
[Page 51361-51362]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se08-8]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2008-0850]
RIN 1625-AA09
Drawbridge Operation Regulation; Plaquemine Brule Bayou, Midland,
LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the published drawbridge operation
regulation for the draw of the Union Pacific railroad bridge across
Plaquemine Brule Bayou, mile 5.1, at Midland, LA. It has been
determined that this bridge no longer exists. Since the bridge no
longer exists, the regulation controlling the opening and closing of
the bridge is no longer necessary.
DATES: This rule is effective September 3, 2008.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2008-0850 and are available online
at http:// www.regulations.gov. This material is also available for
inspection or copying at two locations: The 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,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays, and the office of the Commander, Eighth Coast Guard District,
Bridge Administration Branch, 500 Poydras Street, Room 1313, New
Orleans, LA 70130-3310 between 7 a.m. and 3 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call David M. Frank, Bridge Administration Branch, telephone (504) 671-
2128. If you have questions on viewing the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory 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)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it has been determined that the
bridge no longer exists and mariners do not have to request an opening
of the draw.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds good cause exists
for making this rule effective in less than 30 days after publication
in the Federal Register. There is no need to delay the implementation
of this rule because the bridge it governs is already out of service
and mariners are no longer required to request an opening.
Background and Purpose
A recent survey of the waterways within the District has determined
that the Union Pacific railroad bridge across Plaquemine Brule Bayou,
mile 5.1, at Midland, no longer exists. It is unclear when the bridge
was removed from the waterway; however, mariners are no longer
restricted from passing through the area because of a requirement to
have the draw of the bridge opened. The regulation governing the
operation of the bridge is found in 33 CFR 117.489(a). The purpose of
this rule is to remove 33 CFR 117.489(a) from the Code of Federal
Regulations since it governs a bridge that is no longer in existence.
Discussion of Rule
The Coast Guard is changing the regulation in 33 CFR 117 without
publishing an NPRM. The change removes the regulation governing the
bridge since the bridge no longer exists. This change does not affect
vessel operators using the waterway. Thus, it is not necessary to
publish an NPRM.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. The Coast Guard does not consider this
rule to be ``significant'' under that Order because it does not affect
the way vessels operate on the waterway.
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.
[[Page 51362]]
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule will not have a significant economic impact on a substantial
number of small entities. This proposed rule will not significantly
impact any small entities because the bridge no longer exists and no
longer affects vessel operators that would have required an opening of
the draw.
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 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.
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 would not create an
environmental risk to health or risk to safety that might
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 Department of Homeland Security
Management Directive 5100.1 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 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. 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.
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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Sec. 117.489 is revised to read as follows:
Sec. 117.489 Plaquemine Brule Bayou.
The draw of the S91 bridge, mile 8.0 at Estherwood, shall open on
signal from 5 a.m. to 9 p.m. if at least four hours notice is given.
From 9 p.m. to 5 a.m., the draw shall open on signal if at least 12
hours notice is given.
Dated: August 25, 2008.
J.H. Korn,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard District, Acting.
[FR Doc. E8-20362 Filed 9-2-08; 8:45 am]
BILLING CODE 4910-15-P