[Federal Register Volume 75, Number 61 (Wednesday, March 31, 2010)]
[Rules and Regulations]
[Pages 16005-16006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7159]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0840]
RIN 1625-AA09
Drawbridge Operation Regulation; Port of Coos Bay Railroad
Bridge, Coos Bay, North Bend, OR
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the drawbridge operation
regulation for the Coos Bay Railroad Bridge, Coos Bay, mile 9.0, at
North Bend, Oregon to delete the requirement for special sound signals
used in foggy weather and to change the name of the owner. The change
is necessary to make the sound signals used at the bridge consistent
with other bridges in the area and to eliminate the unnecessary special
sound signals.
DATES: This rule is effective April 30, 2010.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in this
docket are part of docket USCG-2009-0840 and are available online by
going to http://www.regulations.gov, inserting USCG-2009-0840 in the
``Keyword'' box, and then clicking ``Search''. This material is also
available for inspection or copying at 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 20590-0001,
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 Austin Pratt, Chief, Bridge Section, Waterways Management
Branch, 13th Coast Guard; telephone 206-220-7282, e-mail
[email protected]. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On November 16, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Port of Coos Bay
Railroad Bridge, Coos Bay, North Bend, OR, in the Federal Register (74
FR 58931). No comments were received on the proposed rule. No public
meeting was requested and none was held.
Background and Purpose
This rule will remove the requirements at the Port of Coos Bay
Railroad Bridge, Coos Bay, mile 9.0, at North Bend, Oregon for a bell
to be rung continuously in foggy weather and that a siren be sounded in
foggy weather when the swingspan is closed. The movable span is
normally kept in the open position except for the passage of trains or
maintenance work. The rule will also change the regulation to reflect
the bridge's current owner as the Port of Coos Bay.
The bell and siren at this drawbridge are not standard requirements
at drawbridges and there is nothing specific to this bridge that
currently warrants the continuance of these signals. Vessel traffic
through the swingspan includes tugs and tows and a variety of
recreational craft. Oceangoing ship traffic has diminished greatly in
recent decades.
The operating regulations currently in effect for the bridge are
found at 33 CFR 117.871. These state that the bridge be maintained
normally in the open position except for the passage of trains or
maintenance. The aforementioned sound signals are also prescribed.
Discussion of Comments and Changes
No comments on the proposed rule were received and no changes were
made to it.
Regulatory Analyses
We developed this proposed 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 has made this finding
based on the fact that the rule will have no known impact on the
maritime public.
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
would not have a significant economic impact on a substantial number of
small entities because it will have no known impact on any vessel
traffic.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the proposed rule so that they
can better evaluate its effects on them and participate in the
rulemaking process.
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.).
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.
[[Page 16006]]
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 Information and Regulatory Affairs has
not designated this 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 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 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.
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. 0170.1.2.
0
2. Revise Sec. 117.871 to read as follows:
Sec. 117.871 Coos Bay.
The draw of the Port of Coos Bay railroad bridge, mile 9.0 at North
Bend, shall be maintained in the fully open position, except for the
crossing of trains or maintenance.
Dated: March 11, 2010.
G.T. Blore,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2010-7159 Filed 3-30-10; 8:45 am]
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