Drawbridge Operation Regulation; Chevron Oil Company Canal, Fourchon, LA, 11548-11550 [2015-04483]
Download as PDF
11548
Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations
regulations in 33 CFR 100.1101 in
support of the annual marine event, the
California Ironman Triathlon (Item 2 on
Table 1 of 33 CFR 100.1101), held on
March 28, 2015. The Coast Guard will
enforce the special local regulations on
the Harbor and Federal Channel in
Oceanside on March 28, 2015 from 6:30
a.m. to 9:30 a.m. The triathlon course
will commence at the Oceanside Harbor
boat ramp then proceed outbound
through the federal channel to the
Oceanside Harbor Entrance, and then
proceed back through the channel to the
boat ramp.
Under the provisions of 33 CFR
100.1101, persons and vessels are
prohibited from entering into, transiting
through, or anchoring within this
regulated area unless authorized by the
Captain of the Port, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
this regulation.
This document is issued under
authority of 5 U.S.C. 552(a) and 33 CFR
100.1101. In addition to this document
in the Federal Register, the Coast Guard
will provide the maritime community
with advance notification of this
enforcement period via the Local Notice
to Mariners, Broadcast Notice to
Mariners, and local advertising by the
event sponsor.
If the Captain of the Port Sector San
Diego or his designated representative
determines that the regulated area need
not be enforced for the full duration
stated on this document, he or she may
use a Broadcast Notice to Mariners or
other communications coordinated with
the event sponsor to grant general
permission to enter the regulated area.
Dated: February 5, 2015.
J.S. Spaner,
Captain, U.S. Coast Guard, Captain of the
Port San Diego.
[FR Doc. 2015–04481 Filed 3–3–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
ebenthall on DSK5SPTVN1PROD with RULES
[Docket No. USCG–2015–0113]
Drawbridge Operation Regulation;
Appomattox River, Hopewell, VA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
SUMMARY:
VerDate Sep<11>2014
22:23 Mar 03, 2015
Jkt 235001
schedule that governs the draw of the
Seaboard System Railroad (CSX
Railroad) Bridge, across Appomattox
River, mile 2.5, Hopewell, VA. This
deviation is necessary to conduct bridge
upgrades. This temporary deviation
allows the swing bridge to remain in the
closed to navigation position to
facilitate bridge upgrades.
DATES: This deviation is effective from
7 a.m. on March 7, 2015 to 8 p.m. on
March 8, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0113] is
available at 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 deviation. 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 temporary
deviation, call or email Mr. Jim
Rousseau, Bridge Administration
Branch Fifth District, Coast Guard;
telephone (757) 398–6557, email
James.L.Rousseau2@uscg.mil. If you
have questions on reviewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, 202–366–9826.
SUPPLEMENTARY INFORMATION: The CSX
Corporation, who owns and operates
this swing bridge, has requested a
temporary deviation from the current
operating regulations set out in 33 CFR
117.995 to facilitate bridge upgrades.
Under the regular operating schedule,
the Seaboard System Railroad (CSX
Railroad) Bridge, mile 2.5, in Hopewell,
VA, must open on signal if at least 24
hour notice is given. The draw normally
is in the closed to navigation position
and only opens when proper notice is
given. The Seaboard System Railroad
(CSX Railroad) Bridge has a vertical
clearance in the closed position to
vessels of 10 feet above mean high
water.
Under this temporary deviation, the
drawbridge will be maintained in the
closed to navigation position from 8
a.m. Saturday March 8, 2015, until 8
p.m. Sunday March 9, 2015. The bridge
will operate under the normal operating
schedule at all other times. Emergency
openings cannot be provided. There are
no alternate routes for vessels transiting
this section of the Appomattox River but
vessels may pass before 8 a.m. on March
8, 2015, and after 8 p.m. on March 9,
2015, with advance notice.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Appomattox River is used by a variety
of vessels including commercial and
recreational vessels. The Coast Guard
has carefully coordinated the
restrictions with these waterway users.
The Coast Guard will also inform
additional waterway users through our
Local and Broadcast Notice to Mariners
of the closure periods for the bridge so
that vessels can arrange their transits to
minimize any impacts caused by the
temporary deviation. Mariners able to
pass under the bridge in the closed
position may do so at any time.
Mariners are advised to proceed with
caution.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: February 20, 2015
James L. Rousseau,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2015–04482 Filed 3–3–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–1039]
RIN 1625–AA09
Drawbridge Operation Regulation;
Chevron Oil Company Canal,
Fourchon, LA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is adding a
special operating regulation governing
the State Route 3090 (SR 3090) swing
span bridge across the Chevron Oil
Company Canal, mile 0.05, at Fourchon,
Louisiana. Since construction of the
bridge in 1972, the bridge has operated
on a customary schedule requiring a
one-hour advance notice without having
a special operating regulation in place.
This rule codifies the current custom
and operating schedule of the bridge as
a special operating regulation.
DATES: This rule is effective March 4,
2015.
SUMMARY:
Documents mentioned in
this preamble are part of docket [USCG
2014–1039]. To view documents
mentioned in this preamble as being
available in the docket, go to https://
ADDRESSES:
E:\FR\FM\04MRR1.SGM
04MRR1
Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations
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.
If
you have questions on this rule, call or
email Donna Gagliano, Bridge
Specialist, Coast Guard; telephone 504–
671–2128, email Donna.Gagliano@
uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
ebenthall on DSK5SPTVN1PROD 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. This bridge has
operated under one-hour notice for
openings since put in place in 1972
without concern. Local community and
waterway users are aware and
accustomed to the operating schedule.
In over 40 years of operation of this
bridge, no complaints have been
received by the Coast Guard. Waterway
users understand how the bridge
operates and this Final Rule simply
codifies its operation. Completing the
process of an NPRM is unnecessary
because this operating practice is in use
and accepted by the waterway users.
For the same 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 bridge has been operating under the
one-hour advance notification schedule
for over 40 years. This final rule codifies
the existing schedule in 33 CFR part
117. Therefore, providing a 30-day
notice before making this rule effective
is unnecessary.
VerDate Sep<11>2014
22:23 Mar 03, 2015
Jkt 235001
B. Basis and Purpose
The SR 3090 swing span bridge,
locally known as the Fourchon Bridge,
across the Chevron Oil Company Canal,
mile 0.05, at Fourchon, LA has a vertical
clearance of 12.0 feet above Mean High
Water elevation, 3.0 feet at Mean Sea
Level in the closed-to-navigation
position, unlimited in the open
position. Presently, this bridge opens on
signal if at least one-hour advanced
notification is given to the Greater
Lafourche Port Commission 24-hour
dispatcher. This operating schedule has
been in place since the bridge was
constructed in 1972; however, this
custom and operating schedule was
never codified in subpart B, Specific
Requirements, under 33 CFR part 117.
This final rule codifies the existing
operating schedule for the bridge. Since
construction of the bridge, no
complaints have been received by the
Coast Guard from waterway users
concerning the operation of the bridge.
Navigation on the waterway consists
of oilfield related equipment,
houseboats, shrimp boats, and other
recreational craft. The bridge has
opened on average one time per month
for the passage of oil field equipment,
houseboats, shrimp boats, and other
recreational crafts. During the shrimp
season, the bridge may open 8–10 times
per month.
C. Discussion of Final Rule
Under 33 CFR 117.5, bridges are
required to open on signal for the
passage of vessels except as otherwise
authorized or required. The SR 3090
bridge is currently untended and
maintained in the closed-to-navigation
position. The bridge opens for the
passage of vessels if a one-hour advance
notice to the Greater Lafourche Port
Commission 24-hour dispatcher. Title
33 CFR 117.40 requires that, if
approved, a description of the full
operation of the advance one-hour
notice on the drawbridge will be added
to subpart B of this part.
This present operating schedule is
known and understood by the local
waterway users, but this operating
schedule is not reflected in the CFR.
This rule codifies this schedule as a
Special Operating Requirement under
33 CFR part 117, subpart B.
The operation of the draw of the SR
3090 swing span bridge across the
Chevron Oil Company Canal, mile 0.05,
at Fourchon, LA is as follows: The draw
of the SR 3090 bridge at Fourchon shall
open on signal if at least one-hour
notice is given.
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
11549
D. Regulatory Analyses
We developed this Final 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 the rule only codifies the
current operating schedule for the SR
3090 bridge which is already
understood, known, and accepted by the
local bridge and waterway users.
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.
This rule would affect the following
entities, some of which may be small
entities: The owners or operators of
vessels who wish to transit the bridge.
However, the affect would be negligible
as this rule codifies the current custom
and operating schedule of the bridge
that mariners are accustomed to and the
bridge would still be able to open with
advance notice.
This Final Rule formalizes the
drawbridge operation custom that has
been in place since 1972. Therefore,
mariners would not be affected given
that they would not experience any
alteration of current expectations with
regard to current drawbridge operation.
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
E:\FR\FM\04MRR1.SGM
04MRR1
11550
Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations
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
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.
This rule would call 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.
ebenthall on DSK5SPTVN1PROD with RULES
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.
22:23 Mar 03, 2015
Jkt 235001
This rule would not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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
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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from 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:
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
■
11. Indian Tribal Governments
4. Collection of Information
VerDate Sep<11>2014
8. Taking of Private Property
■
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would 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
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. Redesignate §§ 117.437 through
117.439 as §§ 117.438 through 117.440,
respectively, and add new § 117.437 to
read as follows:
§ 117.437
Chevron Oil Company Canal.
The draw of the SR 3090, mile 0.05,
at Fourchon, shall open on signal if at
least one-hour notice is given.
Dated: February 11, 2015.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard Commander,
Eighth Coast Guard District.
[FR Doc. 2015–04483 Filed 3–3–15; 8:45 am]
This rule does not use a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution or Use.
BILLING CODE 9110–04–P
13. Technical Standards
34 CFR Chapter II
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
[Docket ID ED–2014–OESE–0134; CFDA
Number: 84.415A]
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 involves the
promulgation of special operating
regulations or procedures for
drawbridges. This rule is categorically
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
DEPARTMENT OF EDUCATION
Final Priorities, Requirements,
Definitions, and Selection Criteria—
State Tribal Education Partnership
Program
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Final priorities, requirements,
definitions, and selection criteria.
AGENCY:
The Assistant Secretary for
Elementary and Secondary Education
announces priorities, requirements,
definitions, and selection criteria for the
State Tribal Education Partnership
(STEP) program. The Assistant Secretary
may use one or more of these priorities,
requirements, definitions, and selection
criteria for competitions in fiscal year
SUMMARY:
E:\FR\FM\04MRR1.SGM
04MRR1
Agencies
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11548-11550]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04483]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-1039]
RIN 1625-AA09
Drawbridge Operation Regulation; Chevron Oil Company Canal,
Fourchon, LA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is adding a special operating regulation
governing the State Route 3090 (SR 3090) swing span bridge across the
Chevron Oil Company Canal, mile 0.05, at Fourchon, Louisiana. Since
construction of the bridge in 1972, the bridge has operated on a
customary schedule requiring a one-hour advance notice without having a
special operating regulation in place. This rule codifies the current
custom and operating schedule of the bridge as a special operating
regulation.
DATES: This rule is effective March 4, 2015.
ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG 2014-1039]. To view documents mentioned in this preamble as being
available in the docket, go to https://
[[Page 11549]]
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 Donna Gagliano, Bridge Specialist, Coast Guard; telephone
504-671-2128, email Donna.Gagliano@uscg.mil. If you have questions on
viewing the docket, call Cheryl Collins, 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. This bridge has operated under one-hour
notice for openings since put in place in 1972 without concern. Local
community and waterway users are aware and accustomed to the operating
schedule. In over 40 years of operation of this bridge, no complaints
have been received by the Coast Guard. Waterway users understand how
the bridge operates and this Final Rule simply codifies its operation.
Completing the process of an NPRM is unnecessary because this operating
practice is in use and accepted by the waterway users.
For the same 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 bridge
has been operating under the one-hour advance notification schedule for
over 40 years. This final rule codifies the existing schedule in 33 CFR
part 117. Therefore, providing a 30-day notice before making this rule
effective is unnecessary.
B. Basis and Purpose
The SR 3090 swing span bridge, locally known as the Fourchon
Bridge, across the Chevron Oil Company Canal, mile 0.05, at Fourchon,
LA has a vertical clearance of 12.0 feet above Mean High Water
elevation, 3.0 feet at Mean Sea Level in the closed-to-navigation
position, unlimited in the open position. Presently, this bridge opens
on signal if at least one-hour advanced notification is given to the
Greater Lafourche Port Commission 24-hour dispatcher. This operating
schedule has been in place since the bridge was constructed in 1972;
however, this custom and operating schedule was never codified in
subpart B, Specific Requirements, under 33 CFR part 117. This final
rule codifies the existing operating schedule for the bridge. Since
construction of the bridge, no complaints have been received by the
Coast Guard from waterway users concerning the operation of the bridge.
Navigation on the waterway consists of oilfield related equipment,
houseboats, shrimp boats, and other recreational craft. The bridge has
opened on average one time per month for the passage of oil field
equipment, houseboats, shrimp boats, and other recreational crafts.
During the shrimp season, the bridge may open 8-10 times per month.
C. Discussion of Final Rule
Under 33 CFR 117.5, bridges are required to open on signal for the
passage of vessels except as otherwise authorized or required. The SR
3090 bridge is currently untended and maintained in the closed-to-
navigation position. The bridge opens for the passage of vessels if a
one-hour advance notice to the Greater Lafourche Port Commission 24-
hour dispatcher. Title 33 CFR 117.40 requires that, if approved, a
description of the full operation of the advance one-hour notice on the
drawbridge will be added to subpart B of this part.
This present operating schedule is known and understood by the
local waterway users, but this operating schedule is not reflected in
the CFR. This rule codifies this schedule as a Special Operating
Requirement under 33 CFR part 117, subpart B.
The operation of the draw of the SR 3090 swing span bridge across
the Chevron Oil Company Canal, mile 0.05, at Fourchon, LA is as
follows: The draw of the SR 3090 bridge at Fourchon shall open on
signal if at least one-hour notice is given.
D. Regulatory Analyses
We developed this Final 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 the rule only codifies the current operating
schedule for the SR 3090 bridge which is already understood, known, and
accepted by the local bridge and waterway users.
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.
This rule would affect the following entities, some of which may be
small entities: The owners or operators of vessels who wish to transit
the bridge. However, the affect would be negligible as this rule
codifies the current custom and operating schedule of the bridge that
mariners are accustomed to and the bridge would still be able to open
with advance notice.
This Final Rule formalizes the drawbridge operation custom that has
been in place since 1972. Therefore, mariners would not be affected
given that they would not experience any alteration of current
expectations with regard to current drawbridge operation.
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
[[Page 11550]]
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 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 would call 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 would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
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 would 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 would 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 rule does not use 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 which do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the promulgation of special operating
regulations or procedures for drawbridges. 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from 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. Redesignate Sec. Sec. 117.437 through 117.439 as Sec. Sec. 117.438
through 117.440, respectively, and add new Sec. 117.437 to read as
follows:
Sec. 117.437 Chevron Oil Company Canal.
The draw of the SR 3090, mile 0.05, at Fourchon, shall open on
signal if at least one-hour notice is given.
Dated: February 11, 2015.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2015-04483 Filed 3-3-15; 8:45 am]
BILLING CODE 9110-04-P