Drawbridge Operation Regulation; Green River, Small-house, KY and Black River, Jonesboro, LA, 21839-21841 [2013-08580]
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Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations
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31 Available at https://comptroller.defense.gov/
fmr/.
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consider the factors presented in
paragraph (g)(2)(iii) of this section to
determine or recommend whether
financing is to be accomplished on a
reimbursable or non-reimbursable basis.
(ii) The Commanders of
USNORTHCOM, USPACOM, and
USSOCOM shall serve as the financial
managers responsible for DoD oversight
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of responsibility in accordance with
§ 182.5(k).
(iii) The Secretary of Defense may
waive reimbursement for DoD support
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responsibility of the State involved.
Dated: March 8, 2013.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2013–07802 Filed 4–11–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2013–0041]
RIN 1625–AA09
Drawbridge Operation Regulation;
Green River, Small-house, KY and
Black River, Jonesboro, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is removing
the existing drawbridge operation
regulation for the drawbridges across
Green River, mile 79.6, Small-house, KY
and Black River, mile 41.0, Jonesboro,
LA. The Green River bridge was
removed in 2008 and the Black River
bridge was replaced with a fixed bridge
in 2008 and the operating regulations
are no longer applicable or necessary.
DATES: This rule is effective April 12,
2013.
SUMMARY:
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21839
Documents mentioned in
this preamble are part of docket [USCG–
2013–0041]. 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 Eric Washburn, Bridge
Administrator, Western Rivers, Coast
Guard; telephone 314–269–2378, email
Eric.Washburn@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), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because the CSX
Transportation Railroad bridge, that
once required draw operations in 33
CFR 117.415(b), was removed from the
waterway in 2008 and the US84 bridge,
that once required draw operations in
33 CFR 117.427, was removed from the
waterway and replaced with a fixed
bridge in 2008. Therefore, the
regulations are 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
CSX Transportation Railroad bridge
draw operation requirements under 33
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Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations
CFR 117.415(b) and the US84 bridge
draw operation requirements under 33
CFR 117.427, thus removing a
regulatory restriction on the public.
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 CSX Transportation
Railroad bridge and US84 bridge have
been removed for 5 years and these
rules merely require an administrative
change to the Code of Federal
Regulations, in order to omit a
regulatory requirement that is no longer
applicable or necessary.
B. Basis and Purpose
The CSX Transportation Railroad
bridge across Green River, mile 79.6,
was removed in 2008 and the US84
bridge across Black River, mile 41.0 was
removed and replaced with a fixed
bridge in 2008. It has come to the
attention of the Coast Guard that the
governing regulations for these
drawbridges were never removed
subsequent to the removal of the
drawbridges. The elimination of these
drawbridges necessitates the removal of
the drawbridge operation regulations, 33
CFR 117.415(b) and 33 CFR 117.427,
that pertain to the former drawbridges.
The purpose of this rule is to remove
the section (b) of 33 CFR 117.415 that
refers to the CSX Transportation
Railroad bridge at mile 79.6 and 33 CFR
117.427 that refers to the US84 bridge at
mile 41.0, from the Code of Federal
Regulations since it governs bridges that
are no longer able to be opened.
mstockstill on DSK6TPTVN1PROD with RULES
C. Discussion of Rule
The Coast Guard is changing the
regulations in 33 CFR 117.415(b) and 33
CFR 117.427 by removing restrictions
and the regulatory burden related to the
draw operations for these bridges that
are no longer in existence. The change
removes the section (b) of the regulation
governing the CSX Transportation
Railroad bridge since the bridge has
been removed from the waterway and
the US84 bridge since the bridge has
been replaced with a fixed bridge. This
Final Rule seeks to update the Code of
Federal Regulations by removing
language that governs the operation of
the CSX Transportation Railroad bridge,
which in fact no longer exists and US84
bridge, 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
117.415(a) and (c) that govern the
remaining active drawbridges on the
Green 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 these drawbridges have
been removed and/or replaced with a
fixed bridge and the regulations
governing draw operations for these
bridges are 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. 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 proposed 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. The Coast Guard will
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not retaliate against small entities that
question or complain about this
proposed 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
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Federal Register / Vol. 78, No. 71 / Friday, April 12, 2013 / Rules and Regulations
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.
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
§ 117.415
[Amended]
2. In § 117.415, remove paragraph (b),
and redesignate paragraph (c) as
paragraph (b).
■
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.
§ 117.427
■
[Removed]
3. Remove § 117.427.
Dated: March 28, 2013.
Roy A. Nash,
Rear Admiral, Commander, U.S. Coast Guard,
Eighth Coast Guard District.
[FR Doc. 2013–08580 Filed 4–11–13; 8:45 am]
BILLING CODE 9110–04–P
12. 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.
ENVIRONMENTAL PROTECTION
AGENCY
13. Technical Standards
[EPA–R04–OAR–2012–0814; FRL– 9799–8]
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Approval and Promulgation of
Implementation Plans; Region 4
States; Prong 3 Infrastructure
Requirement for the 1997 and 2006
Fine Particulate Matter National
Ambient Air Quality 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 that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves
removing 33 CFR 117.415(b) and 33 CFR
117.427 due to removal of drawbridges
from the waterway. 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.
mstockstill on DSK6TPTVN1PROD with RULES
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:
■
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40 CFR Part 52
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve submissions from Alabama,
Georgia, Mississippi and South Carolina
for inclusion into each states’ State
Implementation Plans (SIP). This action
pertains to the Clean Air Act (CAA)
requirements regarding prevention of
significant deterioration (PSD) for the
1997 annual and 2006 24-hour fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS) infrastructure SIPs. The CAA
requires that each state adopt and
submit a SIP for the implementation,
maintenance and enforcement of each
NAAQS promulgated by EPA, which is
commonly referred to as an
‘‘infrastructure’’ SIP. EPA is taking final
action to approve the submissions for
Alabama, Georgia, Mississippi and
South Carolina that relate to adequate
provisions prohibiting emissions that
interfere with any other state’s required
measures to prevent significant
deterioration of its air quality. All other
applicable infrastructure requirements
for the 1997 annual and 2006 24-hour
PM2.5 NAAQS associated with these
States are being addressed in separate
rulemakings. EPA is also providing
clarification for a footnote that was
SUMMARY:
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21841
included in the proposed rulemaking for
this action.
DATES: This rule is effective May 13,
2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0814. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS. On
July 18, 1997 (62 FR 38652), EPA
promulgated a new annual PM2.5
NAAQS and on October 17, 2006 (71 FR
61144), EPA promulgated a new 24-hour
NAAQS. On December 5, 2012, EPA
proposed to approve Alabama, Georgia,
Mississippi and South Carolina’s
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]]>Agencies
[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Pages 21839-21841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08580]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2013-0041]
RIN 1625-AA09
Drawbridge Operation Regulation; Green River, Small-house, KY and
Black River, Jonesboro, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the drawbridges across Green River, mile 79.6, Small-
house, KY and Black River, mile 41.0, Jonesboro, LA. The Green River
bridge was removed in 2008 and the Black River bridge was replaced with
a fixed bridge in 2008 and the operating regulations are no longer
applicable or necessary.
DATES: This rule is effective April 12, 2013.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0041]. 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 Eric Washburn, Bridge Administrator, Western Rivers,
Coast Guard; telephone 314-269-2378, email Eric.Washburn@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), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the CSX Transportation Railroad
bridge, that once required draw operations in 33 CFR 117.415(b), was
removed from the waterway in 2008 and the US84 bridge, that once
required draw operations in 33 CFR 117.427, was removed from the
waterway and replaced with a fixed bridge in 2008. Therefore, the
regulations are 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 CSX Transportation Railroad bridge draw operation
requirements under 33
[[Page 21840]]
CFR 117.415(b) and the US84 bridge draw operation requirements under 33
CFR 117.427, thus removing a regulatory restriction on the public.
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 CSX Transportation Railroad bridge and
US84 bridge have been removed for 5 years and these rules merely
require an administrative change to the Code of Federal Regulations, in
order to omit a regulatory requirement that is no longer applicable or
necessary.
B. Basis and Purpose
The CSX Transportation Railroad bridge across Green River, mile
79.6, was removed in 2008 and the US84 bridge across Black River, mile
41.0 was removed and replaced with a fixed bridge in 2008. It has come
to the attention of the Coast Guard that the governing regulations for
these drawbridges were never removed subsequent to the removal of the
drawbridges. The elimination of these drawbridges necessitates the
removal of the drawbridge operation regulations, 33 CFR 117.415(b) and
33 CFR 117.427, that pertain to the former drawbridges.
The purpose of this rule is to remove the section (b) of 33 CFR
117.415 that refers to the CSX Transportation Railroad bridge at mile
79.6 and 33 CFR 117.427 that refers to the US84 bridge at mile 41.0,
from the Code of Federal Regulations since it governs bridges that are
no longer able to be opened.
C. Discussion of Rule
The Coast Guard is changing the regulations in 33 CFR 117.415(b)
and 33 CFR 117.427 by removing restrictions and the regulatory burden
related to the draw operations for these bridges that are no longer in
existence. The change removes the section (b) of the regulation
governing the CSX Transportation Railroad bridge since the bridge has
been removed from the waterway and the US84 bridge since the bridge has
been replaced with a fixed bridge. This Final Rule seeks to update the
Code of Federal Regulations by removing language that governs the
operation of the CSX Transportation Railroad bridge, which in fact no
longer exists and US84 bridge, 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
117.415(a) and (c) that govern the remaining active drawbridges on the
Green 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 these
drawbridges have been removed and/or replaced with a fixed bridge and
the regulations governing draw operations for these bridges are 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. 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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed 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
[[Page 21841]]
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
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
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 that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves removing 33 CFR 117.415(b) and 33 CFR
117.427 due to removal of drawbridges from the waterway. 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.
Sec. 117.415 [Amended]
0
2. In Sec. 117.415, remove paragraph (b), and redesignate paragraph
(c) as paragraph (b).
Sec. 117.427 [Removed]
0
3. Remove Sec. 117.427.
Dated: March 28, 2013.
Roy A. Nash,
Rear Admiral, Commander, U.S. Coast Guard, Eighth Coast Guard District.
[FR Doc. 2013-08580 Filed 4-11-13; 8:45 am]
BILLING CODE 9110-04-P
