Drawbridge Operation Regulation; Grosse Tete Bayou, Iberville Parish, LA, 57492-57494 [2012-22921]
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57492
Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations
are trained to provide materials
educating transitioning personnel on
their civilian voting rights and
responsibilities. Transition assistance
program offices shall work with the
Director, FVAP, to provide pre-printed
notices that transitioning personnel may
use to inform their election offices that
they no longer will vote absentee in
accordance with the provisions of 42
U.S.C. 1973ff.
(30) Ensure all personnel assigned to
recruitment offices are informed of the
policies in this part and are trained to
provide voter registration assistance.
Ensure the recruitment offices of the
Military Services:
(i) Provide each prospective enlistee
with the National Mail Voter
Registration Form, available at https://
www.eac.gov/voter/Register_to_Vote,
and DD Form 2645, Voter Registration
Information Form, available at https://
www.dtic.mil/whs/directives/infomgt/
forms/forminfo/forminfopage2084.html,
unless the applicant, in writing,
declines to register to vote.
(ii) Distribute the National Mail Voter
Registration Form to each eligible
citizen and provide assistance in
completing the form unless the
applicant refuses such assistance.
(iii) Provide each eligible citizen or
prospective enlistee who does not
decline to register to vote the same
degree of assistance for the completion
of the National Mail Voter Registration
Form as is provided by the office for the
completion of its own forms, e.g., the
application for enlistment, unless the
person refuses such assistance.
(iv) Transmit all completed
registration applications within 5
calendar days to the appropriate State
election officials.
(v) Maintain statistical information
and records on voter registration
assistance provided by recruitment
offices in the format prescribed by the
Director, FVAP, for a period of two
years, in accordance with 42 U.S.C.
1973gg(6)(i).
(31) Ensure that inspections of
recruitment offices of the Military
Services by the Service Inspectors
General are in compliance with this
part.
(32) As discussed in DoD 4525.6–M,
the Director, Military Postal Service
Agency shall:
(i) Implement measures in
consultation with the FVAP, to the
maximum extent practicable, to ensure
that a postmark or other proof of mailing
date is provided on each absentee ballot
collected at any overseas location or
vessel at sea and that voting materials
are moved expeditiously, to the
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maximum extent practicable, by
military postal authorities.
(ii) Develop an outreach plan to
inform overseas uniformed services
voters regarding the ballot collection
and delivery service to be implemented
prior to each general election for Federal
office.
(iii) Establish alternative deadlines for
collecting and forwarding absentee
ballots from overseas locations as
required by 42 U.S.C. 1973ff.
(33) Revise all voting assistance
program instructions and procedures to
incorporate the provisions of this part.
(c) Executive Department and Agency
Procedures. (1) Federal Executive
departments and agencies, including,
but not limited to, the Department of
State, the Department of Commerce, and
the Department of Health and Human
Services, are encouraged to adopt
regulations and procedures that conform
to this part to the maximum extent
practicable, consistent with their
organizational missions. By doing so,
the FVAP will be able to assist the
Executive departments, agencies, and
their voting constituencies to the
maximum extent.
(2) The head of each Government
department, agency, or other entity shall
distribute balloting materials and
develop a non-partisan program of
information and education for all
employees and family members
pursuant to 42 U.S.C. 1973ff(c).
(i) The department or agency is
responsible for providing voter
assistance with assistance available
from the FVAP.
(ii) Each department or agency with
employees or family members covered
by 42 U.S.C. 1973ff shall designate an
individual to coordinate and administer
a voting assistance program for the
department or agency to include, where
practicable, the responsibilities in this
part. The name, address, and telephone
number of this individual shall be
provided to the Director, FVAP.
(iii) The Secretary of State shall
designate a voting action officer at the
Department of State headquarters to
oversee the Department’s program as
well as a U.S. citizen at each U.S.
embassy or consulate to assist, to the
fullest extent practicable, other U.S.
citizens residing outside of the United
States who are eligible to vote. The
Secretary of State shall provide
annually, or as requested by the
Director, FVAP, estimates of the
numbers of U.S. citizens currently
residing in each country with an
established embassy.
(iv) Each embassy and consulate
should have sufficient quantities of
materials to include SF 76s, and SF
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186s, needed by U.S. citizens to register
and vote. Embassies and consulates will
also inform and educate U.S. citizens
regarding their right to register and vote,
and will publicize voter assistance
programs.
(v) The Department of State’s voting
action officer shall coordinate with the
Director, FVAP, in the development and
conduct of voting events, programs to
inform and educate U.S. citizens outside
of the United States, and provision of
voting information and resources for
assistance.
(vi) Department of State and the
Military Service voting action officers
shall assist, as requested, embassy and
consulate VAOs with post-election
surveys of civilians outside of the
United States.
Dated: September 12, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2012–22950 Filed 9–17–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0115]
RIN 1625–AA09
Drawbridge Operation Regulation;
Grosse Tete Bayou, Iberville Parish, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing
the existing drawbridge operation
regulation for the Union Pacific railroad
swing bridge over Grosse Tete Bayou,
mile 14.7, Iberville Parish, Louisiana.
This bridge has been modified from a
swing bridge to a fixed bridge and the
current special operating regulation is
no longer applicable or necessary.
DATES: This rule is effective September
18, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket USCG–2012–
0115 and are available by going to
https://www.regulations.gov, inserting
USCG–2012–0115 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,
SUMMARY:
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Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations
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 Mr. Jim Wetherington, Bridge
Specialist, Coast Guard; telephone 504–
671–2128, email
james.r.wetherington@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section Symbol
U.S.C. United States Code
mstockstill on DSK4VPTVN1PROD with RULES
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 because the Union
Pacific railroad swing bridge requiring
the draw operations in 33 CFR 117.449
(a) was modified to be a fixed span
bridge in May of 2012.
The bridge operator and those
transiting in the vicinity of this bridge
have not executed any draw operations
since the regulation that governs the
bridge was changed to state that ‘‘the
draw * * * need not be opened for the
passage of vessels’’ on February 23,
1976. At that time, all of the internal
workings of the bridge were removed.
The Coast Guard has also determined
that the waterway is non-tidal and not
susceptible to interstate or foreign
commerce thus making the bridge
exempt from bridge permit requirements
under Section 107 of the Coast Guard
Authorization Act of 1982 (33 U.S.C.
530). That determination allowed the
bridge owner to modify the existing
bridge to permanently remove the
machinery from the bridge and make
modification to the swing span portion
of the bridge to render it as a fixed
bridge without a permit. Because of the
modification from a swing bridge to a
fixed bridge, the current regulation is no
longer applicable and should be
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removed from publication. For these
reasons, good cause exists for not
publishing a NPRM with respect to this
rule because it is unnecessary.
For similar 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 railroad bridge has had no openings
in 61 years. It has effectively been a
fixed bridge for 36 years due to the lack
of internal machinery. This bridge has
now been modified to a fixed bridge. As
such, the bridge is not required to have
an operating regulation. This rule only
makes a minor change to the Code of
Federal Regulations (CFR), omitting a
regulatory requirement that is no longer
applicable or necessary. Therefore,
providing a 30 day notice before making
this rule effective is unnecessary.
B. Basis and Purpose
The Union Pacific railroad swing
bridge across Grosse Tette Bayou, mile
14.7, was modified into a fixed bridge
in May of 2012. The modification of this
bridge from a drawbridge to a fixed
bridge necessitates the removal of the
drawbridge operation regulation
pertaining to this bridge.
The regulation governing the
operation of this bridge is found in 33
CFR 117.449(a). The purpose of this rule
is to remove the existing regulation from
the CFR since it governs a bridge that no
longer requires a drawbridge regulation.
C. Discussion of Final Rule
The Coast Guard is changing the
regulation in 33 CFR 117.449 by
removing restrictions and the regulatory
burden related to the draw operations
for the Union Pacific railroad swing
bridge, which has been modified from a
moveable to a fixed bridge, without
publishing an NPRM. The change
removes the section of the regulation
governing the bridge since the bridge
will no longer be required to comply
with 33 CFR part 117. This change does
not affect vessel operators using the
waterway as this bridge has not opened
since 1951 and has not had the ability
to open since 1976.
D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of 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
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57493
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 bridge has been unable to open
since 1976. The removal of the
drawbridge regulation does not impact
vessel traffic because the current
conditions have been in place for
decades. Additionally, the bridge has
been modified to be a fixed bridge so it
cannot accommodate vessel traffic.
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.
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.
Since the drawbridge across the
Grosse Tete Bayou, mile 14.7, in Iberia
Parish, LA has been modified to a fixed
bridge; the regulation governing draw
operations for this bridge is no longer
needed. There is no new restriction or
regulation being imposed by this rule;
therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this final rule
will not have a significant economic
impact on a substantial number of small
entities.
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
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
E:\FR\FM\18SER1.SGM
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57494
Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations
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.
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
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
4. Collection of Information
11. 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.
This rule calls 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.
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8. Taking of Private Property
This rule will not cause 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.
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12. 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.
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 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.
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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
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. Section 117.449 is revised to read
as follows:
■
§ 117.449
Grosse Tete Bayou.
The removable span of the S377
Bridge, mile 15.3 near Rosedale, shall be
opened for the passage of vessels if at
least 48 hours notice is given.
Dated: August 25, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2012–22921 Filed 9–17–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0787]
Safety Zone; Fleet Week Fireworks,
San Francisco Bay, San Francisco, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the safety zone for the Fleet Week
Fireworks in the Captain of the Port,
San Francisco area of responsibility
during the dates and times noted below.
This action is necessary to protect life
and property of the maritime public
from the hazards associated with the
fireworks display. During the
enforcement period, unauthorized
persons or vessels are prohibited from
entering into, transiting through, or
anchoring in the safety zone, unless
authorized by the Patrol Commander
(PATCOM).
SUMMARY:
The regulations in 33 CFR
165.1191, Table 1, Item number 25, will
be enforced from 11 a.m. to 9:50 p.m. on
October 6, 2012.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice, call
or email Ensign William Hawn, U.S.
DATES:
E:\FR\FM\18SER1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Rules and Regulations]
[Pages 57492-57494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22921]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0115]
RIN 1625-AA09
Drawbridge Operation Regulation; Grosse Tete Bayou, Iberville
Parish, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Union Pacific railroad swing bridge over Grosse Tete
Bayou, mile 14.7, Iberville Parish, Louisiana. This bridge has been
modified from a swing bridge to a fixed bridge and the current special
operating regulation is no longer applicable or necessary.
DATES: This rule is effective September 18, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2012-0115 and are available by
going to https://www.regulations.gov, inserting USCG-2012-0115 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,
[[Page 57493]]
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 Mr. Jim Wetherington, Bridge Specialist, Coast Guard;
telephone 504-671-2128, email james.r.wetherington@uscg.mil. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
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 because the Union Pacific railroad swing
bridge requiring the draw operations in 33 CFR 117.449 (a) was modified
to be a fixed span bridge in May of 2012.
The bridge operator and those transiting in the vicinity of this
bridge have not executed any draw operations since the regulation that
governs the bridge was changed to state that ``the draw * * * need not
be opened for the passage of vessels'' on February 23, 1976. At that
time, all of the internal workings of the bridge were removed.
The Coast Guard has also determined that the waterway is non-tidal
and not susceptible to interstate or foreign commerce thus making the
bridge exempt from bridge permit requirements under Section 107 of the
Coast Guard Authorization Act of 1982 (33 U.S.C. 530). That
determination allowed the bridge owner to modify the existing bridge to
permanently remove the machinery from the bridge and make modification
to the swing span portion of the bridge to render it as a fixed bridge
without a permit. Because of the modification from a swing bridge to a
fixed bridge, the current regulation is no longer applicable and should
be removed from publication. For these reasons, good cause exists for
not publishing a NPRM with respect to this rule because it is
unnecessary.
For similar 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
railroad bridge has had no openings in 61 years. It has effectively
been a fixed bridge for 36 years due to the lack of internal machinery.
This bridge has now been modified to a fixed bridge. As such, the
bridge is not required to have an operating regulation. This rule only
makes a minor change to the Code of Federal Regulations (CFR), omitting
a regulatory requirement that is no longer applicable or necessary.
Therefore, providing a 30 day notice before making this rule effective
is unnecessary.
B. Basis and Purpose
The Union Pacific railroad swing bridge across Grosse Tette Bayou,
mile 14.7, was modified into a fixed bridge in May of 2012. The
modification of this bridge from a drawbridge to a fixed bridge
necessitates the removal of the drawbridge operation regulation
pertaining to this bridge.
The regulation governing the operation of this bridge is found in
33 CFR 117.449(a). The purpose of this rule is to remove the existing
regulation from the CFR since it governs a bridge that no longer
requires a drawbridge regulation.
C. Discussion of Final Rule
The Coast Guard is changing the regulation in 33 CFR 117.449 by
removing restrictions and the regulatory burden related to the draw
operations for the Union Pacific railroad swing bridge, which has been
modified from a moveable to a fixed bridge, without publishing an NPRM.
The change removes the section of the regulation governing the bridge
since the bridge will no longer be required to comply with 33 CFR part
117. This change does not affect vessel operators using the waterway as
this bridge has not opened since 1951 and has not had the ability to
open since 1976.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of 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 bridge has been unable to open since 1976. The removal of the
drawbridge regulation does not impact vessel traffic because the
current conditions have been in place for decades. Additionally, the
bridge has been modified to be a fixed bridge so it cannot accommodate
vessel traffic.
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. 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.
Since the drawbridge across the Grosse Tete Bayou, mile 14.7, in
Iberia Parish, LA has been modified to a fixed bridge; the regulation
governing draw operations for this bridge is no longer needed. There is
no new restriction or regulation being imposed by this rule; therefore,
the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule
will not have a significant economic impact on a substantial number of
small entities.
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 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
[[Page 57494]]
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 calls 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 will not cause 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 does 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 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.
12. 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.
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 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.
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. Section 117.449 is revised to read as follows:
Sec. 117.449 Grosse Tete Bayou.
The removable span of the S377 Bridge, mile 15.3 near Rosedale,
shall be opened for the passage of vessels if at least 48 hours notice
is given.
Dated: August 25, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2012-22921 Filed 9-17-12; 8:45 am]
BILLING CODE 9110-04-P
