Drawbridge Operation Regulation; Sabine River, Near Ruliff, LA, 13241-13243 [2013-04492]
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Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Rules and Regulations
or mental health counselor in the
treatment of a mental disorder as
specifically provided in paragraph
(c)(3)(ix) of this section and in § 199.6.
(ii) Diabetes self-management training
(DSMT) as specifically provided in
paragraph (d)(3)(ix) of this section.
(iii) Smoking cessation counseling
and education as specifically provided
in paragraph (e)(30) of this section.
(iv) Services provided by alcoholism
rehabilitation counselors only when
rendered in a CHAMPUS-authorized
treatment setting and only when the
cost of those services is included in the
facility’s CHAMPUS-determined
allowable cost rate.
*
*
*
*
*
(65) [Reserved]
*
*
*
*
*
■ 3. Section 199.21 is amended by:
■ a. Revising paragraph (a)(2);
■ b. Revising paragraph (h)(2)(i);
■ c. Adding a new paragraph (h)(2)(iii);
and
■ d. Adding a new (i)(2)(v)(D).
The additions and revisions read as
follows:
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§ 199.21
Pharmacy benefits program.
(a) * * *
(2) Pharmacy benefits program. (i)
Applicability. The pharmacy benefits
program, which includes the uniform
formulary and its associated tiered copayment structure, is applicable to all of
the uniformed services. Geographically,
except as specifically provided in
paragraph (a)(2)(ii) of this section, this
program is applicable to all 50 states
and the District of Columbia, Guam,
Puerto Rico, and the Virgin Islands. In
addition, if authorized by the Assistant
Secretary of Defense (Health Affairs)
(ASD(HA)), the TRICARE pharmacy
benefits program may be implemented
in areas outside the 50 states and the
District of Columbia, Guam, Puerto
Rico, and the Virgin Islands. In such
case, the ASD (HA) may also authorize
modifications to the pharmacy benefits
program rules and procedures as may be
appropriate to the area involved.
(ii) Applicability exception. The
pharmaceutical benefit under the
TRICARE smoking cessation program
under § 199.4(e)(30) is available to
TRICARE beneficiaries who are not
entitled to Medicare benefits authorized
under Title XVIII of the Social Security
Act. Except as noted in § 199.4(e)(30),
the smoking cessation program,
including the pharmaceutical benefit, is
not applicable or available to
beneficiaries who reside overseas,
including the U. S. territories of Guam,
Puerto Rico, and the Virgin Islands,
except that under the authority of
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§ 199.17 active duty service members
and active duty dependents enrolled in
TRICARE Prime residing overseas,
including the U. S. territories of Guam,
Puerto Rico, and the Virgin Islands,
shall have access to smoking cessation
pharmaceuticals through either an MTF
or the TMOP program where available.
*
*
*
*
*
(h) * * *
(2) Availability of formulary
pharmaceutical agents. (i) General.
Subject to paragraphs (h)(2)(ii) and
(h)(2)(iii) of this section, formulary
pharmaceutical agents are available
under the Pharmacy Benefits Program
from all points of service identified in
paragraph (h)(1) of this section.
*
*
*
*
*
(iii) Pharmaceutical agents prescribed
for smoking cessation are not available
for coverage when obtained through a
retail pharmacy. This includes network
and non-network retail pharmacies.
*
*
*
*
*
(i) * * *
(2) * * *
(v) * * *
(D) $0.00 co-payment for smoking
cessation pharmaceutical agents covered
under the smoking cessation program.
*
*
*
*
*
Dated: February 1, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2013–03417 Filed 2–26–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–1065]
RIN 1625–AA09
Drawbridge Operation Regulation;
Sabine River, Near Ruliff, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is removing
the existing drawbridge operation
regulation for the Kansas City Southern
(KCS) Railroad drawbridge across
Sabine River, mile 36.2, between
Newton County, TX and Calcasieu
Parish, LA. The drawbridge was
converted to a fixed bridge in 2012 and
the operating regulation is no longer
applicable or necessary.
DATES: This rule is effective February
27, 2013.
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13241
Documents mentioned in
this preamble are part of docket USCG–
2012–1065. To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type the docket
number in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, 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
Administration Branch, Coast Guard;
telephone 504–671–2128, email
james.r.wetherington@uscg.mil. If you
have questions on viewing the docket,
call Barbara Hairston, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
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)(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
Kansas City Southern Railroad Bridge
over the Sabine River, mile 36.2, that
once required draw operations in 33
CFR 117.493(b), was converted to a
fixed bridge in 2012. Therefore, the
regulation is no longer applicable and
shall be removed from publication. It is
unnecessary to publish an NPRM
because this regulatory action does not
purport to place any restrictions on
mariners but rather removes a
restriction that has no further use or
value.
Under 5 U.S.C. 553(d)(1), a rule that
relieves a restriction is not required to
provide the 30 day notice period before
its effective date. This rule removes the
Kansas City Southern (KCS) Railroad
Bridge over the Sabine River, mile 36.2,
draw operation requirements under 33
CFR 117. 493(b), thus removing a
regulatory restriction on the public.
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Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Rules and Regulations
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. The bridge has had an
operation regulation that states the
bridge ‘‘need not open’’ since 1992. At
that time, the bridge was rendered
effectively fixed with the removal of all
operations equipment associated with
that bridge by KCS. The bridge has been
a fixed bridge for one year and this rule
merely requires an administrative
change to the Federal Register, in order
to omit a regulatory requirement that is
no longer applicable or necessary.
B. Basis and Purpose
The KCS Railroad Bridge across the
Sabine River, mile 36.2, was converted
to a fixed bridge in 2012 after 20 years
of not being required to open, by
regulation, and being effectively fixed
with the removal of all operations
equipment by the owner. It has come to
the attention of the Coast Guard that the
governing regulation for this drawbridge
was never removed subsequent to the
coversion of the existing bridge to a
fixed bridge. The conversion of this
drawbridge necessitates the removal of
the parts of the drawbridge operation
regulation, 33 CFR 117.493(b), that are
pertaining to the former drawbridge.
The purpose of this rule is to remove
the parts of the paragraph of 33 CFR
117.493(b) that refer to the KCS Railroad
Drawbridge at mile 36.2, from the Code
of Federal Regulations since it governs
a bridge that is no longer able to be
opened.
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C. Discussion of Rule
The Coast Guard is changing the
regulation in 33 CFR 117.493(b) by
removing restrictions and the regulatory
burden related to the draw operations
for this bridge that is no longer a
drawbridge. The change removes the
part of the paragraph of the regulation
governing the KCS Railroad Bridge, mile
36.2, since the bridge has been
converted to a fixed bridge. This Final
Rule seeks to update the Code of Federal
Regulations by removing language that
governs the operation of the KCS
Railroad Bridge, mile 36.2, which in fact
is no longer a drawbridge. This change
does not affect waterway or land traffic.
This change does not affect nor does it
alter the operating schedules in 33 CFR
117.493(a), the remainder of 33 CFR
117.493(b) that governs the remaining
active drawbridge listed in this
paragraph nor the remaining active
drawbridges on the Sabine River.
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D. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 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 Coast Guard does not consider
this rule to be ‘‘significant’’ under that
Order because it is an administrative
change and does not affect the way
vessels operate on the waterway.
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.
This rule will have no effect on small
entities since this drawbridge has been
converted to a fixed bridge and the
regulation governing draw operations
for this bridge is no longer applicable.
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. 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).
4. 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
PO 00000
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various levels of government. We have
analyzed this rule under that Order and
have determined that it does not have
implications for federalism.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
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Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Rules and Regulations
11. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
12. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Dated: January 31, 2013.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[Docket No. USCG–2012–0866]
Monday through Friday, except Federal
holidays. The telephone number is 202–
372–1494. Copies of the material are
available as indicated in the
‘‘Incorporation by Reference’’ section of
this preamble.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Roger K. Butturini, PE, U.S.
Coast Guard Office of Standards
Evaluation and Development; telephone
202–372–1494, email
Roger.K.Butturini@uscg.mil. If you have
questions on viewing the docket, call
Ms. Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
RIN 1625–AB98
Table of Contents for Preamble
Updates to Standards Incorporated by
Reference; Reapproved ASTM
Standards; Technical Amendment
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
A. History of Incorporation by Reference
B. Reapproved Standards
V. Discussion of Changes
A. Incorporation of Reapproved Standards
B. Reformatting Involving Standards Other
Than Reapproved ASTM Standards
C. Removal of 33 CFR 155.140(c)(3)
VI. Incorporation by Reference
VII. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
[FR Doc. 2013–04492 Filed 2–26–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 126, 127, 154, and 155
13. 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 that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
removal of the parts of the paragraph of
33 CFR 117.493 (b) that refer to the KCS
Railroad Drawbridge at mile 36.2, from
the Code of Federal Regulations since it
governs a bridge that has been converted
to a fixed bridge. 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
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. Revise § 117.493(b) to read as
follows:
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■
§ 117.493
Sabine River.
*
*
*
*
*
(b) The draw of the S12 Bridge, mile
40.8, at Starks, need not be opened for
the passage of vessels.
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13243
46 CFR Parts 32, 34, 39, 54, 56, 76, 95,
108, 153, 160, 162, and 193
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: Many of the Coast Guard’s
regulations incorporate by reference
consensus standards that are developed
by organizations other than the Coast
Guard. This final rule updates
references to standards developed by
ASTM International, that have been
reapproved, without change, since their
incorporation into Coast Guard
regulation. This rule does not address
standards that have changed
substantively, and it will not have any
substantive impact on the regulated
public.
DATES: This rule is effective March 29,
2013. The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register on March 29, 2013.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0866 and are 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,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may also find this docket on the
Internet by going to https://
www.regulations.gov, inserting USCG–
2012–0866 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’
Viewing incorporation by reference
material. You may inspect the material
incorporated by reference at the U.S.
Coast Guard Headquarters, Room 1304,
2100 2nd Street SW., Washington, DC
20593 between 9 a.m. and 2 p.m.,
PO 00000
Frm 00033
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I. Abbreviations
ASTM ASTM International
CFR Code of Federal Regulations
NTTAA National Technology Transfer and
Advancement Act
U.S.C. United States Code
II. Regulatory History
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment, pursuant to
section 4(a) of the Administrative
Procedure Act (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.’’ As discussed in more detail in
this final rule, the industry standards
adopted in this rule are merely
reapproved editions of the previously
incorporated standards. Reapproving a
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]]>Agencies
[Federal Register Volume 78, Number 39 (Wednesday, February 27, 2013)]
[Rules and Regulations]
[Pages 13241-13243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04492]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-1065]
RIN 1625-AA09
Drawbridge Operation Regulation; Sabine River, Near Ruliff, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Kansas City Southern (KCS) Railroad drawbridge
across Sabine River, mile 36.2, between Newton County, TX and Calcasieu
Parish, LA. The drawbridge was converted to a fixed bridge in 2012 and
the operating regulation is no longer applicable or necessary.
DATES: This rule is effective February 27, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2012-1065. To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, 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 Administration Branch, Coast
Guard; telephone 504-671-2128, email james.r.wetherington@uscg.mil. If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
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)(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 Kansas City Southern Railroad
Bridge over the Sabine River, mile 36.2, that once required draw
operations in 33 CFR 117.493(b), was converted to a fixed bridge in
2012. Therefore, the regulation is no longer applicable and shall be
removed from publication. It is unnecessary to publish an NPRM because
this regulatory action does not purport to place any restrictions on
mariners but rather removes a restriction that has no further use or
value.
Under 5 U.S.C. 553(d)(1), a rule that relieves a restriction is not
required to provide the 30 day notice period before its effective date.
This rule removes the Kansas City Southern (KCS) Railroad Bridge over
the Sabine River, mile 36.2, draw operation requirements under 33 CFR
117. 493(b), thus removing a regulatory restriction on the public.
[[Page 13242]]
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. The bridge has had an operation regulation
that states the bridge ``need not open'' since 1992. At that time, the
bridge was rendered effectively fixed with the removal of all
operations equipment associated with that bridge by KCS. The bridge has
been a fixed bridge for one year and this rule merely requires an
administrative change to the Federal Register, in order to omit a
regulatory requirement that is no longer applicable or necessary.
B. Basis and Purpose
The KCS Railroad Bridge across the Sabine River, mile 36.2, was
converted to a fixed bridge in 2012 after 20 years of not being
required to open, by regulation, and being effectively fixed with the
removal of all operations equipment by the owner. It has come to the
attention of the Coast Guard that the governing regulation for this
drawbridge was never removed subsequent to the coversion of the
existing bridge to a fixed bridge. The conversion of this drawbridge
necessitates the removal of the parts of the drawbridge operation
regulation, 33 CFR 117.493(b), that are pertaining to the former
drawbridge.
The purpose of this rule is to remove the parts of the paragraph of
33 CFR 117.493(b) that refer to the KCS Railroad Drawbridge at mile
36.2, from the Code of Federal Regulations since it governs a bridge
that is no longer able to be opened.
C. Discussion of Rule
The Coast Guard is changing the regulation in 33 CFR 117.493(b) by
removing restrictions and the regulatory burden related to the draw
operations for this bridge that is no longer a drawbridge. The change
removes the part of the paragraph of the regulation governing the KCS
Railroad Bridge, mile 36.2, since the bridge has been converted to a
fixed bridge. This Final Rule seeks to update the Code of Federal
Regulations by removing language that governs the operation of the KCS
Railroad Bridge, mile 36.2, which in fact is no longer a drawbridge.
This change does not affect waterway or land traffic. This change does
not affect nor does it alter the operating schedules in 33 CFR
117.493(a), the remainder of 33 CFR 117.493(b) that governs the
remaining active drawbridge listed in this paragraph nor the remaining
active drawbridges on the Sabine River.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 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 Coast Guard does not consider this rule to be ``significant''
under that Order because it is an administrative change and does not
affect the way vessels operate on the waterway.
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.
This rule will have no effect on small entities since this
drawbridge has been converted to a fixed bridge and the regulation
governing draw operations for this bridge is no longer applicable.
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. 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).
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
[[Page 13243]]
11. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
12. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
13. 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 that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the removal of the parts of the
paragraph of 33 CFR 117.493 (b) that refer to the KCS Railroad
Drawbridge at mile 36.2, from the Code of Federal Regulations since it
governs a bridge that has been converted to a fixed bridge. 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. Revise Sec. 117.493(b) to read as follows:
Sec. 117.493 Sabine River.
* * * * *
(b) The draw of the S12 Bridge, mile 40.8, at Starks, need not be
opened for the passage of vessels.
Dated: January 31, 2013.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2013-04492 Filed 2-26-13; 8:45 am]
BILLING CODE 9110-04-P
