80_FR_11590 80 FR 11548 - Drawbridge Operation Regulation; Chevron Oil Company Canal, Fourchon, LA

80 FR 11548 - Drawbridge Operation Regulation; Chevron Oil Company Canal, Fourchon, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 42 (March 4, 2015)

Page Range11548-11550
FR Document2015-04483

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.

Federal Register, Volume 80 Issue 42 (Wednesday, March 4, 2015)
[Federal Register Volume 80, Number 42 (Wednesday, March 4, 2015)]
[Rules and Regulations]
[Pages 11548-11550]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04483]


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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 http://

[[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 [email protected]. 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



                                              11548             Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations

                                              regulations in 33 CFR 100.1101 in                       schedule that governs the draw of the                   Appomattox River is used by a variety
                                              support of the annual marine event, the                 Seaboard System Railroad (CSX                         of vessels including commercial and
                                              California Ironman Triathlon (Item 2 on                 Railroad) Bridge, across Appomattox                   recreational vessels. The Coast Guard
                                              Table 1 of 33 CFR 100.1101), held on                    River, mile 2.5, Hopewell, VA. This                   has carefully coordinated the
                                              March 28, 2015. The Coast Guard will                    deviation is necessary to conduct bridge              restrictions with these waterway users.
                                              enforce the special local regulations on                upgrades. This temporary deviation                    The Coast Guard will also inform
                                              the Harbor and Federal Channel in                       allows the swing bridge to remain in the              additional waterway users through our
                                              Oceanside on March 28, 2015 from 6:30                   closed to navigation position to                      Local and Broadcast Notice to Mariners
                                              a.m. to 9:30 a.m. The triathlon course                  facilitate bridge upgrades.                           of the closure periods for the bridge so
                                              will commence at the Oceanside Harbor                   DATES: This deviation is effective from               that vessels can arrange their transits to
                                              boat ramp then proceed outbound                         7 a.m. on March 7, 2015 to 8 p.m. on                  minimize any impacts caused by the
                                              through the federal channel to the                      March 8, 2015.                                        temporary deviation. Mariners able to
                                              Oceanside Harbor Entrance, and then                     ADDRESSES: The docket for this                        pass under the bridge in the closed
                                              proceed back through the channel to the                 deviation, [USCG–2015–0113] is                        position may do so at any time.
                                              boat ramp.                                              available at http://www.regulations.gov.              Mariners are advised to proceed with
                                                Under the provisions of 33 CFR                        Type the docket number in the                         caution.
                                              100.1101, persons and vessels are                       ‘‘SEARCH’’ box and click ‘‘SEARCH.’’                    In accordance with 33 CFR 117.35(e),
                                              prohibited from entering into, transiting               Click on Open Docket Folder on the line               the drawbridge must return to its regular
                                              through, or anchoring within this                       associated with this deviation. You may               operating schedule immediately at the
                                              regulated area unless authorized by the                 also visit the Docket Management                      end of the designated time period.
                                              Captain of the Port, or his designated                  Facility in Room W12–140 on the                         This deviation from the operating
                                              representative. The Coast Guard may be                  ground floor of the Department of                     regulations is authorized under 33 CFR
                                              assisted by other Federal, State, or local              Transportation West Building, 1200                    117.35.
                                              law enforcement agencies in enforcing                   New Jersey Avenue SE., Washington,                      Dated: February 20, 2015
                                              this regulation.                                        DC 20590, between 9 a.m. and 5 p.m.,
                                                This document is issued under                                                                               James L. Rousseau,
                                                                                                      Monday through Friday, except Federal                 Bridge Program Manager, Fifth Coast Guard
                                              authority of 5 U.S.C. 552(a) and 33 CFR                 holidays.
                                              100.1101. In addition to this document                                                                        District.
                                                                                                      FOR FURTHER INFORMATION CONTACT: If                   [FR Doc. 2015–04482 Filed 3–3–15; 8:45 am]
                                              in the Federal Register, the Coast Guard
                                                                                                      you have questions on this temporary
                                              will provide the maritime community                                                                           BILLING CODE 9110–04–P
                                                                                                      deviation, call or email Mr. Jim
                                              with advance notification of this
                                                                                                      Rousseau, Bridge Administration
                                              enforcement period via the Local Notice
                                                                                                      Branch Fifth District, Coast Guard;                   DEPARTMENT OF HOMELAND
                                              to Mariners, Broadcast Notice to
                                                                                                      telephone (757) 398–6557, email                       SECURITY
                                              Mariners, and local advertising by the
                                                                                                      James.L.Rousseau2@uscg.mil. If you
                                              event sponsor.
                                                If the Captain of the Port Sector San                 have questions on reviewing the docket,               Coast Guard
                                              Diego or his designated representative                  call Cheryl Collins, Program Manager,
                                              determines that the regulated area need                 Docket Operations, 202–366–9826.                      33 CFR Part 117
                                              not be enforced for the full duration                   SUPPLEMENTARY INFORMATION: The CSX
                                                                                                                                                            [Docket No. USCG–2014–1039]
                                              stated on this document, he or she may                  Corporation, who owns and operates
                                              use a Broadcast Notice to Mariners or                   this swing bridge, has requested a                    RIN 1625–AA09
                                              other communications coordinated with                   temporary deviation from the current
                                                                                                      operating regulations set out in 33 CFR               Drawbridge Operation Regulation;
                                              the event sponsor to grant general
                                                                                                      117.995 to facilitate bridge upgrades.                Chevron Oil Company Canal,
                                              permission to enter the regulated area.
                                                                                                         Under the regular operating schedule,              Fourchon, LA
                                                 Dated: February 5, 2015.                             the Seaboard System Railroad (CSX
                                              J.S. Spaner,                                                                                                  AGENCY:    Coast Guard, DHS.
                                                                                                      Railroad) Bridge, mile 2.5, in Hopewell,
                                              Captain, U.S. Coast Guard, Captain of the               VA, must open on signal if at least 24                ACTION:   Final rule.
                                              Port San Diego.                                         hour notice is given. The draw normally               SUMMARY:   The Coast Guard is adding a
                                              [FR Doc. 2015–04481 Filed 3–3–15; 8:45 am]              is in the closed to navigation position               special operating regulation governing
                                              BILLING CODE 9110–04–P                                  and only opens when proper notice is                  the State Route 3090 (SR 3090) swing
                                                                                                      given. The Seaboard System Railroad                   span bridge across the Chevron Oil
                                                                                                      (CSX Railroad) Bridge has a vertical                  Company Canal, mile 0.05, at Fourchon,
                                              DEPARTMENT OF HOMELAND                                  clearance in the closed position to
                                              SECURITY                                                                                                      Louisiana. Since construction of the
                                                                                                      vessels of 10 feet above mean high                    bridge in 1972, the bridge has operated
                                                                                                      water.                                                on a customary schedule requiring a
                                              Coast Guard
                                                                                                         Under this temporary deviation, the                one-hour advance notice without having
                                                                                                      drawbridge will be maintained in the                  a special operating regulation in place.
                                              33 CFR Part 117
                                                                                                      closed to navigation position from 8                  This rule codifies the current custom
                                              [Docket No. USCG–2015–0113]                             a.m. Saturday March 8, 2015, until 8                  and operating schedule of the bridge as
                                                                                                      p.m. Sunday March 9, 2015. The bridge                 a special operating regulation.
                                              Drawbridge Operation Regulation;                        will operate under the normal operating
                                              Appomattox River, Hopewell, VA                                                                                DATES: This rule is effective March 4,
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                                                                                                      schedule at all other times. Emergency
                                                                                                      openings cannot be provided. There are                2015.
                                              AGENCY: Coast Guard, DHS.
                                              ACTION:Notice of deviation from                         no alternate routes for vessels transiting            ADDRESSES:   Documents mentioned in
                                              drawbridge regulations.                                 this section of the Appomattox River but              this preamble are part of docket [USCG
                                                                                                      vessels may pass before 8 a.m. on March               2014–1039]. To view documents
                                              SUMMARY: The Coast Guard has issued a                   8, 2015, and after 8 p.m. on March 9,                 mentioned in this preamble as being
                                              temporary deviation from the operating                  2015, with advance notice.                            available in the docket, go to http://


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                                                                Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations                                         11549

                                              www.regulations.gov, type the docket                    B. Basis and Purpose                                  D. Regulatory Analyses
                                              number in the ‘‘SEARCH’’ box and click                                                                          We developed this Final Rule after
                                              ‘‘SEARCH.’’ Click on Open Docket                          The SR 3090 swing span bridge,
                                                                                                      locally known as the Fourchon Bridge,                 considering numerous statutes and
                                              Folder on the line associated with this                                                                       executive orders related to rulemaking.
                                              rulemaking. You may also visit the                      across the Chevron Oil Company Canal,
                                                                                                                                                            Below we summarize our analyses
                                              Docket Management Facility in Room                      mile 0.05, at Fourchon, LA has a vertical
                                                                                                                                                            based on these statutes or executive
                                              W12–140 on the ground floor of the                      clearance of 12.0 feet above Mean High
                                                                                                                                                            orders.
                                              Department of Transportation West                       Water elevation, 3.0 feet at Mean Sea
                                              Building, 1200 New Jersey Avenue SE.,                   Level in the closed-to-navigation                     1. Regulatory Planning and Review
                                              Washington, DC 20590, between 9 a.m.                    position, unlimited in the open                          This rule is not a significant
                                              and 5 p.m., Monday through Friday,                      position. Presently, this bridge opens on             regulatory action under section 3(f) of
                                              except Federal holidays.                                signal if at least one-hour advanced                  Executive Order 12866, Regulatory
                                                                                                      notification is given to the Greater                  Planning and Review, as supplemented
                                              FOR FURTHER INFORMATION CONTACT:     If                 Lafourche Port Commission 24-hour                     by Executive Order 13563, Improving
                                              you have questions on this rule, call or                dispatcher. This operating schedule has               Regulation and Regulatory Review, and
                                              email Donna Gagliano, Bridge                            been in place since the bridge was                    does not require an assessment of
                                              Specialist, Coast Guard; telephone 504–                 constructed in 1972; however, this                    potential costs and benefits under
                                              671–2128, email Donna.Gagliano@                         custom and operating schedule was                     section 6(a)(3) of Order 12866 or under
                                              uscg.mil. If you have questions on                      never codified in subpart B, Specific                 section 1 of Executive Order 13563. The
                                              viewing the docket, call Cheryl Collins,                Requirements, under 33 CFR part 117.                  Office of Management and Budget has
                                              Program Manager, Docket Operations,                     This final rule codifies the existing                 not reviewed it under those Orders.
                                              telephone 202–366–9826.                                 operating schedule for the bridge. Since                 The Coast Guard does not consider
                                              SUPPLEMENTARY INFORMATION:                              construction of the bridge, no                        this rule to be ‘‘significant’’ under that
                                                                                                      complaints have been received by the                  Order because the rule only codifies the
                                              A. Regulatory History and Information                   Coast Guard from waterway users                       current operating schedule for the SR
                                                                                                      concerning the operation of the bridge.               3090 bridge which is already
                                                 The Coast Guard is issuing this final                                                                      understood, known, and accepted by the
                                              rule without prior notice and                             Navigation on the waterway consists
                                                                                                      of oilfield related equipment,                        local bridge and waterway users.
                                              opportunity to comment pursuant to
                                              authority under section 4(a) of the                     houseboats, shrimp boats, and other                   2. Impact on Small Entities
                                              Administrative Procedure Act (APA) (5                   recreational craft. The bridge has                       The Regulatory Flexibility Act of 1980
                                              U.S.C. 553(b)). This provision                          opened on average one time per month                  (RFA), 5 U.S.C. 601–612, as amended,
                                              authorizes an agency to issue a rule                    for the passage of oil field equipment,               requires federal agencies to consider the
                                              without prior notice and opportunity to                 houseboats, shrimp boats, and other                   potential impact of regulations on small
                                              comment when the agency for good                        recreational crafts. During the shrimp                entities during rulemaking. The term
                                              cause finds that those procedures are                   season, the bridge may open 8–10 times                ‘‘small entities’’ comprises small
                                              ‘‘impracticable, unnecessary, or contrary               per month.                                            businesses, not-for profit organizations
                                              to the public interest.’’ Under 5 U.S.C.                C. Discussion of Final Rule                           that are independently owned and
                                              553(b), the Coast Guard finds that good                                                                       operated and are not dominant in their
                                              cause exists for not publishing a notice                   Under 33 CFR 117.5, bridges are                    fields, and governmental jurisdictions
                                              of proposed rulemaking (NPRM) with                      required to open on signal for the                    with populations of less than 50,000.
                                              respect to this rule. This bridge has                   passage of vessels except as otherwise                   This rule would affect the following
                                              operated under one-hour notice for                      authorized or required. The SR 3090                   entities, some of which may be small
                                              openings since put in place in 1972                     bridge is currently untended and                      entities: The owners or operators of
                                              without concern. Local community and                    maintained in the closed-to-navigation                vessels who wish to transit the bridge.
                                              waterway users are aware and                            position. The bridge opens for the                    However, the affect would be negligible
                                              accustomed to the operating schedule.                   passage of vessels if a one-hour advance              as this rule codifies the current custom
                                              In over 40 years of operation of this                   notice to the Greater Lafourche Port                  and operating schedule of the bridge
                                              bridge, no complaints have been                         Commission 24-hour dispatcher. Title                  that mariners are accustomed to and the
                                              received by the Coast Guard. Waterway                   33 CFR 117.40 requires that, if                       bridge would still be able to open with
                                              users understand how the bridge                         approved, a description of the full                   advance notice.
                                              operates and this Final Rule simply                     operation of the advance one-hour                        This Final Rule formalizes the
                                              codifies its operation. Completing the                  notice on the drawbridge will be added                drawbridge operation custom that has
                                              process of an NPRM is unnecessary                       to subpart B of this part.                            been in place since 1972. Therefore,
                                              because this operating practice is in use                                                                     mariners would not be affected given
                                                                                                         This present operating schedule is
                                              and accepted by the waterway users.                                                                           that they would not experience any
                                                                                                      known and understood by the local
                                                                                                                                                            alteration of current expectations with
                                                 For the same reasons, under 5 U.S.C.                 waterway users, but this operating
                                                                                                                                                            regard to current drawbridge operation.
                                              553(d)(3), the Coast Guard finds that                   schedule is not reflected in the CFR.
                                              good cause exists for making this rule                  This rule codifies this schedule as a                 3. Assistance for Small Entities
                                              effective in less than 30 days after                    Special Operating Requirement under                      Under section 213(a) of the Small
                                              publication in the Federal Register (FR).               33 CFR part 117, subpart B.                           Business Regulatory Enforcement
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                                              The bridge has been operating under the                    The operation of the draw of the SR                Fairness Act of 1996 (Pub. L. 104–121),
                                              one-hour advance notification schedule                  3090 swing span bridge across the                     we want to assist small entities in
                                              for over 40 years. This final rule codifies             Chevron Oil Company Canal, mile 0.05,                 understanding this rule. If the rule
                                              the existing schedule in 33 CFR part                    at Fourchon, LA is as follows: The draw               would affect your small business,
                                              117. Therefore, providing a 30-day                      of the SR 3090 bridge at Fourchon shall               organization, or governmental
                                              notice before making this rule effective                open on signal if at least one-hour                   jurisdiction and you have questions
                                              is unnecessary.                                         notice is given.                                      concerning its provisions or options for


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                                              11550             Federal Register / Vol. 80, No. 42 / Wednesday, March 4, 2015 / Rules and Regulations

                                              compliance, please contact the person                   8. Taking of Private Property                         excluded, under figure 2–1, paragraph
                                              listed in the FOR FURTHER INFORMATION                                                                         (32)(e), of the Instruction.
                                                                                                        This rule would not affect a taking of
                                              CONTACT, above.                                                                                                 Under figure 2–1, paragraph (32)(e), of
                                                                                                      private property or otherwise have
                                                 Small businesses may send comments                                                                         the Instruction, an environmental
                                                                                                      taking implications under Executive
                                              on the actions of Federal employees                                                                           analysis checklist and a categorical
                                                                                                      Order 12630, Governmental Actions and
                                              who enforce, or otherwise determine                                                                           exclusion determination are not
                                                                                                      Interference with Constitutionally
                                              compliance with, Federal regulations to                                                                       required for this rule. We seek any
                                                                                                      Protected Property Rights.
                                              the Small Business and Agriculture                                                                            comments or information that may lead
                                                                                                      9. Civil Justice Reform                               to the discovery of a significant
                                              Regulatory Enforcement Ombudsman
                                                                                                        This rule meets applicable standards                environmental impact from this rule.
                                              and the Regional Small Business
                                              Regulatory Fairness Boards. The                         in sections 3(a) and 3(b)(2) of Executive             List of Subjects in 33 CFR Part 117
                                              Ombudsman evaluates these actions                       Order 12988, Civil Justice Reform, to
                                                                                                                                                              Bridges.
                                              annually and rates each agency’s                        minimize litigation, eliminate
                                                                                                      ambiguity, and reduce burden.                           For the reasons discussed in the
                                              responsiveness to small business. If you
                                                                                                                                                            preamble, the Coast Guard amends 33
                                              wish to comment on actions by                           10. Protection of Children                            CFR part 117 as follows:
                                              employees of the Coast Guard, call 1–
                                              888–REG–FAIR (1–888–734–3247). The                        We have analyzed this rule under
                                                                                                                                                            PART 117—DRAWBRIDGE
                                              Coast Guard will not retaliate against                  Executive Order 13045, Protection of
                                                                                                                                                            OPERATION REGULATIONS
                                              small entities that question or complain                Children from Environmental Health
                                              about this rule or any policy or action                 Risks and Safety Risks. This rule is not              ■ 1. The authority citation for part 117
                                              of the Coast Guard.                                     an economically significant rule and                  continues to read as follows:
                                                                                                      would not create an environmental risk
                                              4. Collection of Information                            to health or risk to safety that might                  Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                                                                            Department of Homeland Security Delegation
                                                                                                      disproportionately affect children.                   No. 0170.1.
                                                This rule would call for no new
                                              collection of information under the                     11. Indian Tribal Governments                         ■ 2. Redesignate §§ 117.437 through
                                              Paperwork Reduction Act of 1995 (44                        This rule does not have tribal                     117.439 as §§ 117.438 through 117.440,
                                              U.S.C. 3501–3520).                                      implications under Executive Order                    respectively, and add new § 117.437 to
                                                                                                      13175, Consultation and Coordination                  read as follows:
                                              5. Federalism
                                                                                                      with Indian Tribal Governments,                       § 117.437   Chevron Oil Company Canal.
                                                 A rule has implications for federalism               because it would not have a substantial
                                                                                                                                                               The draw of the SR 3090, mile 0.05,
                                              under Executive Order 13132,                            direct effect on one or more Indian
                                                                                                                                                            at Fourchon, shall open on signal if at
                                              Federalism, if it has a substantial direct              tribes, on the relationship between the
                                                                                                                                                            least one-hour notice is given.
                                              effect on the States, on the relationship               Federal Government and Indian tribes,
                                              between the national government and                     or on the distribution of power and                     Dated: February 11, 2015.
                                              the States, or on the distribution of                   responsibilities between the Federal                  Kevin S. Cook,
                                              power and responsibilities among the                    Government and Indian tribes.                         Rear Admiral, U.S. Coast Guard Commander,
                                              various levels of government. We have                                                                         Eighth Coast Guard District.
                                                                                                      12. Energy Effects
                                              analyzed this rule under that Order and                                                                       [FR Doc. 2015–04483 Filed 3–3–15; 8:45 am]
                                              have determined that it does not have                     This rule does not use a ‘‘significant              BILLING CODE 9110–04–P
                                              implications for federalism.                            energy action’’ under Executive Order
                                                                                                      13211, Actions Concerning Regulations
                                              6. Protest Activities                                   That Significantly Affect Energy Supply,              DEPARTMENT OF EDUCATION
                                                The Coast Guard respects the First                    Distribution or Use.
                                              Amendment rights of protesters.                         13. Technical Standards                               34 CFR Chapter II
                                              Protesters are asked to contact the                                                                           [Docket ID ED–2014–OESE–0134; CFDA
                                                                                                        This rule does not use technical
                                              person listed in the FOR FURTHER                                                                              Number: 84.415A]
                                                                                                      standards. Therefore, we did not
                                              INFORMATION CONTACT section to
                                                                                                      consider the use of voluntary consensus               Final Priorities, Requirements,
                                              coordinate protest activities so that your
                                                                                                      standards.                                            Definitions, and Selection Criteria—
                                              message can be received without
                                              jeopardizing the safety or security of                  14. Environment                                       State Tribal Education Partnership
                                              people, places or vessels.                                                                                    Program
                                                                                                        We have analyzed this rule under
                                              7. Unfunded Mandates Reform Act                         Department of Homeland Security                       AGENCY:  Office of Elementary and
                                                                                                      Management Directive 023–01, and                      Secondary Education, Department of
                                                The Unfunded Mandates Reform Act                      Commandant Instruction M16475.lD                      Education.
                                              of 1995 (2 U.S.C. 1531–1538) requires                   which guides the Coast Guard in                       ACTION: Final priorities, requirements,
                                              Federal agencies to assess the effects of               complying with the National                           definitions, and selection criteria.
                                              their discretionary regulatory actions. In              Environmental Policy Act of 1969
                                              particular, the Act addresses actions                   (NEPA) (42 U.S.C. 4321–4370f), and                    SUMMARY:    The Assistant Secretary for
                                              that may result in the expenditure by a                 have concluded that this action is one                Elementary and Secondary Education
ebenthall on DSK5SPTVN1PROD with RULES




                                              State, local, or tribal government, in the              of a category of actions which do not                 announces priorities, requirements,
                                              aggregate, or by the private sector of                  individually or cumulatively have a                   definitions, and selection criteria for the
                                              $100,000,000 (adjusted for inflation) or                significant effect on the human                       State Tribal Education Partnership
                                              more in any one year. Though this rule                  environment. This rule involves the                   (STEP) program. The Assistant Secretary
                                              will not result in such an expenditure,                 promulgation of special operating                     may use one or more of these priorities,
                                              we do discuss the effects of this rule                  regulations or procedures for                         requirements, definitions, and selection
                                              elsewhere in this preamble.                             drawbridges. This rule is categorically               criteria for competitions in fiscal year


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Document Created: 2018-02-21 09:31:41
Document Modified: 2018-02-21 09:31:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective March 4, 2015.
ContactIf you have questions on this rule, call or email Donna Gagliano, Bridge Specialist, Coast Guard; telephone 504-671-2128, email [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 11548 
RIN Number1625-AA09

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