80 FR 27563 - Drawbridge Operation Regulation; St. Marks River, Newport, FL
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 93 (May 14, 2015)
Coast Guard
Federal Register Volume 80, Issue 93 (May 14, 2015)
| Page Range | 27563-27565 | |
| FR Document | 2015-11679 |
[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)] [Rules and Regulations] [Pages 27563-27565] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11679] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2015-0120] RIN 1625-AA09 Drawbridge Operation Regulation; St. Marks River, Newport, FL AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is removing the existing drawbridge operation regulation for the drawbridge across the St. Marks River, mile 9.0, at Newport, Wakulla County, Florida. The drawbridge was replaced with a fixed bridge in 2001 and the operating regulation is no longer applicable or necessary. DATES: This rule is effective May 14, 2015. ADDRESSES: The docket for this final rule, [USCG-2015-0120] is available at http://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 final rule. 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, 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 because the U.S. 98-SR 30 bridge, that once required draw operations in 33 CFR 117.327, was removed and replaced with a fixed bridge in 2001. Therefore, the regulation is no longer applicable and shall be removed from publication. It is unnecessary to publish an NPRM because this regulatory action does not purport to place any restrictions on mariners but rather removes a restriction that has no further use or value. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this effective in less than 30 days after publication in the Federal [[Page 27564]] Register. The bridge has been a fixed bridge for 14 years and this rule merely requires an administrative change to the Federal Register, in order to omit a regulatory requirement that is no longer applicable or necessary. The modification has already taken place and the removal of the regulation will not affect mariners currently operating on this waterway. Therefore, a delayed effective date is unnecessary. B. Basis and Purpose The U.S. 98-SR 30 bridge across the St. Marks River, mile 9.0, was removed and replaced with a fixed bridge in 2001. It has come to the attention of the Coast Guard that the governing regulation for this drawbridge was never removed subsequent to the completion of the fixed bridge that replaced it. The elimination of this drawbridge necessitates the removal of the drawbridge operation regulation, 33 CFR 117.327, that pertains to the former drawbridge. The purpose of this rule is to remove 33 CFR 117.327 that refers to the U.S. 98-SR 30 bridge, mile 9.0, from the Code of Federal Regulations because it governs a bridge that has been removed and replaced by a fixed bridge. C. Discussion of Final Rule The Coast Guard is amending the regulation in 33 CFR 117.327 by removing restrictions and the regulatory burden related to the draw operations for this bridge that is no longer in existence. The change removes 33 CFR 117.327, which is the regulation governing the U.S. 98- SR 30 bridge because the bridge has been removed from the waterway. This Final Rule seeks to update the CFR by removing language that governs the operation of the U.S. 98-SR 30 bridge, which in fact is no longer a drawbridge. This change does not affect waterway or land traffic. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. The Coast Guard does not consider this rule to be ``significant'' under that Order because it is an administrative change and does not affect the way vessels operate on the waterway. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will have no effect on small entities since this drawbridge has been removed and replaced with a fixed bridge and the regulation governing draw operations for this bridge is no longer applicable. There is no new restriction or regulation being imposed by this rule; therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this final rule will not have a significant economic impact on a substantial number of small entities. 3. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). 4. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this final rule under that Order and have determined that it does not have implications for federalism. 5. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 6. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 7. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 8. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b) (2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 9. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. 10. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 11. Energy Effects This action is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 12. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 13. Environment We have analyzed this rule under Department of Homeland Security [[Page 27565]] 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 removal of regulation that is no longer necessary. This rule is categorically excluded, under figure 2- 1, paragraph (32) (e), of the Instruction. Under figure 2-1, paragraph (32) (e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for Part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. Sec. 117.327 [Removed] 0 2. Remove Sec. 117.327. Dated: April 30, 2015. Kevin S. Cook, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2015-11679 Filed 5-13-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Rules and Regulations 27563
Send your completed complaint form SUMMARY: This action corrects the SUMMARY: The Coast Guard is removing
or letter to USDA by mail, fax, or email: effective date of a final rule published the existing drawbridge operation
Mail: U.S. Department of Agriculture, in the Federal Register of April 24, regulation for the drawbridge across the
Director, Office of Adjudication, 1400 2015, establishing Class E airspace at St. Marks River, mile 9.0, at Newport,
Independence Avenue SW., Dry Creek Airport, Cypress, TX. Wakulla County, Florida. The
Washington, DC 20250–9410, Fax: (202) DATES: Effective date: 0901 UTC, The drawbridge was replaced with a fixed
690–7442, Email: program.intake@ effective date for the final rule bridge in 2001 and the operating
usda.gov. published on April 24, 2015, is regulation is no longer applicable or
Persons with disabilities who require corrected from April 30, 2015, to June necessary.
alternative means for communication 25, 2015. DATES: This rule is effective May 14,
(Braille, large print, audiotape, etc.), FOR FURTHER INFORMATION CONTACT: 2015.
should contact USDA’s TARGET Center Rebecca Shelby, Central Service Center, ADDRESSES: The docket for this final
at (202) 720–2600 (voice and TDD). Operations Support Group, Federal rule, [USCG–2015–0120] is available at
Additional Public Notification Aviation Administration, Southwest http://www.regulations.gov. Type the
Region, 2601 Meacham Blvd., Fort docket number in the ‘‘SEARCH’’ box
Public awareness of all segments of Worth, TX 76137; telephone 817–321–
rulemaking and policy development is and click ‘‘SEARCH.’’ Click on Open
7740. Docket Folder on the line associated
important. Consequently, FSIS will
announce this Federal Register SUPPLEMENTARY INFORMATION: with this final rule. You may also visit
publication on-line through the FSIS History the Docket Management Facility in
Web page located at: http:// Room W12–140 on the ground floor of
The FAA published in the Federal the Department of Transportation West
www.fsis.usda.gov/federal-register.
FSIS also will make copies of this Register a final rule establishing Class E Building, 1200 New Jersey Avenue SE.,
publication available through the FSIS airspace extending upward from 700 Washington, DC 20590, between 9 a.m.
Constituent Update, which is used to feet above the surface at Dry Creek and 5 p.m., Monday through Friday,
provide information regarding FSIS Airport, Cypress, TX (79 FR 22894, except Federal holidays.
policies, procedures, regulations, April 24, 2015). After publication FAA FOR FURTHER INFORMATION CONTACT: If
Federal Register notices, FSIS public found the effective date was incorrectly you have questions on this rule, call or
meetings, and other types of information published as April 30, 2015, which does email Donna Gagliano, Coast Guard;
that could affect or would be of interest not ensure enough time for publication telephone 504–671–2128, email
to our constituents and stakeholders. in the FAA’s aeronautical database. The Donna.Gagliano@uscg.mil. If you have
The Update is available on the FSIS correct effective date is June 25, 2015. questions on viewing the docket, call
Web page. Through the Web page, FSIS This action corrects the error. Cheryl Collins, Program Manager,
is able to provide information to a much Correction to Final Rule Docket Operations, telephone 202–366–
broader, more diverse audience. In 9826.
Accordingly, pursuant to the
addition, FSIS offers an email SUPPLEMENTARY INFORMATION:
authority delegated to me, the effective
subscription service which provides
date listed under DATES heading on A. Regulatory History and Information
automatic and customized access to
Docket No. FAA 2015–0743, The Coast Guard is issuing this final
selected food safety news and
establishing Class E airspace at Dry rule without prior notice and
information. This service is available at:
Creek Airport, Cypress, TX, as opportunity to comment pursuant to
http://www.fsis.usda.gov/subscribe.
published in the Federal Register of authority under section 4(a) of the
Options range from recalls to export
April 24, 2015, (79 FR 22894), FR Doc. Administrative Procedure Act (APA) (5
information, regulations, directives, and
2015–09400, is corrected as follows: U.S.C. 553(b)). This provision
notices. Customers can add or delete On page 22894, column, 2, line 38,
subscriptions themselves, and have the authorizes an agency to issue a rule
remove ‘‘April 30, 2015’’, and add in its without prior notice and opportunity to
option to password protect their place ‘‘June 25, 2015’’.
accounts. comment when the agency for good
Issued in Washington, DC, on May 4, 2015. cause finds that those procedures are
Done at Washington, DC on: May 8, 2015.
Mark W. Bury, ‘‘impracticable, unnecessary, or contrary
Alfred V. Almanza,
Assistant Chief Counsel Regulations Division. to the public interest.’’ Under 5 U.S.C.
Acting Administrator. 553(b), the Coast Guard finds that good
[FR Doc. 2015–11455 Filed 5–13–15; 8:45 am]
[FR Doc. 2015–11581 Filed 5–13–15; 8:45 am] cause exists for not publishing a Notice
BILLING CODE 4910–13–P
BILLING CODE 3410–DM–P of Proposed Rulemaking (NPRM) with
respect to this rule because the U.S. 98–
DEPARTMENT OF HOMELAND SR 30 bridge, that once required draw
DEPARTMENT OF TRANSPORTATION SECURITY operations in 33 CFR 117.327, was
removed and replaced with a fixed
Federal Aviation Administration Coast Guard bridge in 2001. Therefore, the regulation
is no longer applicable and shall be
14 CFR Part 71 33 CFR Part 117 removed from publication. It is
[Docket No. FAA–2014–0743; Airspace unnecessary to publish an NPRM
[Docket No. USCG–2015–0120] because this regulatory action does not
Docket No. 14–ASW–2]
RIN 1625–AA09 purport to place any restrictions on
tkelley on DSK3SPTVN1PROD with RULES
Establishment of Class E Airspace; mariners but rather removes a
Cypress, TX Drawbridge Operation Regulation; St. restriction that has no further use or
Marks River, Newport, FL value. Under 5 U.S.C. 553(d)(3), the
AGENCY: Federal Aviation
Administration (FAA), DOT. AGENCY: Coast Guard, DHS. Coast Guard finds that good cause exists
for making this effective in less than 30
ACTION: Final rule; correction. ACTION: Final rule.
days after publication in the Federal
VerDate Sep<11>2014 16:29 May 13, 2015 Jkt 235001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1](https://thefederalregister.org/doc/80_FR_27656/page/1.svg)
![Federal Register / Vol. 80, No. 93 / Thursday, May 14, 2015 / Rules and Regulations 27565
Management Directive 023–01 and entering the regulated area unless Register on October 21, 2014 with a
Commandant Instruction M16475.lD, authorized by the Sector Columbia River comment period that ended on
which guides the Coast Guard in Captain of the Port or his designated November 20, 2014. Three comments
complying with the National representatives. were received and no requests for a
Environmental Policy Act of 1969 DATES: This rule is effective June 15, public meeting were received by the
(NEPA) (42 U.S.C. 4321–4370f), and 2015. Coast Guard. All three comments
have concluded that this action is one received were generally supportive of
of a category of actions which do not ADDRESSES: Documents mentioned in the event. The comments received and
individually or cumulatively have a this preamble are part of Docket Number the answers to comments are covered in
significant effect on the human [USCG–2014–0492]. To view documents the ‘‘Discussion of Comments, Changes
environment. This rule involves the mentioned in this preamble as being and the Final Rule’’ section, below.
removal of regulation that is no longer available in the docket, go to http://
www.regulations.gov, type the docket B. Basis and Purpose
necessary. This rule is categorically
excluded, under figure 2–1, paragraph number in the ‘‘SEARCH’’ box and click Coast Guard Captains of the Port are
(32) (e), of the Instruction. ‘‘SEARCH.’’ Click on ‘‘Open Docket granted authority to establish safety
Under figure 2–1, paragraph (32) (e), Folder’’ on the line associated with this zones in 33 CFR 1.05–1(f) for safety and
of the Instruction, an environmental rulemaking. You may also visit the environmental purposes as described in
analysis checklist and a categorical Docket Management Facility in Room 33 CFR part 165.
exclusion determination are not W12–140 on the ground floor of the Regattas create the potential for
required for this rule. Department of Transportation West complex navigation situations because
Building, 1200 New Jersey Avenue SE., of the large number of vessels that
List of Subjects in 33 CFR Part 117 Washington, DC 20590, between 9 a.m. congregate near the event. In addition,
Bridges. and 5 p.m., Monday through Friday, the dragon boats involved in this regatta
except Federal holidays. are not power driven vessels and
For the reasons discussed in the
You may submit comments identified consequently are limited in their ability
preamble, the Coast Guard amends 33
by docket number USCG–2014–0492 to maneuver. This safety zone is
CFR part 117 as follows:
using any one of the following methods: necessary in order to ensure the safety
PART 117—DRAWBRIDGE (1) Federal e-Rulemaking Portal: of the maritime public in the proximity
OPERATION REGULATIONS http://www.regulations.gov. of marine event sites and reduce the risk
(2) Fax: 202–493–2251. of collision with the non-power driven
■ 1. The authority citation for Part 117 (3) Mail or Delivery: Docket vessels involved in the race.
continues to read as follows: Management Facility (M–30), U.S.
Department of Transportation, West C. Discussion of Comments, Changes
Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and the Final Rule
Building Ground Floor, Room W12–140,
Department of Homeland Security Delegation
No. 0170.1. 1200 New Jersey Avenue SE., As discussed above, in the
Washington, DC 20590–0001. Deliveries ‘‘Regulatory History and Information’’
§ 117.327 [Removed] accepted between 9 a.m. and 5 p.m., section, there were three comments
■ 2. Remove § 117.327. Monday through Friday, except federal received on the Temporary Interim
holidays. The telephone number is 202– Rule, published as USCG–2014–0492,
Dated: April 30, 2015. 366–9329. See the ‘‘Public Participation for the 2014 Portland Dragon Boat
Kevin S. Cook, and Request for Comments’’ portion of Races. The first commenter was a cat
Rear Admiral, U.S. Coast Guard, Commander, the SUPPLEMENTARY INFORMATION section and stated that they agreed that the
Eighth Coast Guard District. below for further instructions on safety of people is important. The Coast
[FR Doc. 2015–11679 Filed 5–13–15; 8:45 am] submitting comments. To avoid Guard agrees. The second commenter
BILLING CODE 9110–04–P duplication, please use only one of asked, ‘‘What is a dragon boat and
these three methods. where can I find one?’’ A dragon boat
FOR FURTHER INFORMATION CONTACT: If is a vessel propelled with paddles by a
DEPARTMENT OF HOMELAND you have questions on this rule, call or large crew and used for racing. Sources
SECURITY email Kenneth Lawrenson, Waterways for these vessels are beyond the scope
Management Division, Marine Safety of this rulemaking. The third
Coast Guard commenter recommended that the
Unit Portland, Coast Guard; telephone
503–240–9319, email msupdxwwm@ safety zone cover a larger area, based on
33 CFR Part 165 the event’s recent rise in popularity in
uscg.mil. If you have questions on
[Docket Number USCG–2014–0492] viewing or submitting material to the the Portland area. The Coast Guard
docket, call Cheryl Collins, Program agrees that the Portland Dragon Boat
RIN 1625–AA00
Manager, Docket Operations, telephone Festival has seen recent increases in
Safety Zone; Portland Dragon Boat (202) 366–9826. attendance and participation; however
Races, Portland, OR SUPPLEMENTARY INFORMATION: the racing route has remained
unchanged. Given that race managers
AGENCY: Coast Guard, DHS. Table of Acronyms limit the number of participants on the
ACTION: Final rule. DHS Department of Homeland Security water at any specific time, the Coast
FR Federal Register Guard has determined that the current
SUMMARY: The Coast Guard is NPRM Notice of Proposed Rulemaking safety zone is adequate to protect the
tkelley on DSK3SPTVN1PROD with RULES
establishing a safety zone in Portland, interests of safe navigation.
OR. This safety zone is necessary to A. Regulatory History and Information
help ensure the safety of the maritime An interim rule was used for the D. Discussion of the Final Rule
public during the annual marine event establishment of the 2014 Portland The Final Rule finalizes the interim
and will do so by prohibiting Dragon Boat Races and was published as Safety Zone in the Thirteenth Coast
unauthorized persons and vessels from USCG–2014–0492 in the Federal Guard District without changes.
VerDate Sep<11>2014 16:29 May 13, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\14MYR1.SGM 14MYR1](https://thefederalregister.org/doc/80_FR_27656/page/3.svg)
Document Created: 2015-12-15 15:33:00
Document Modified: 2015-12-15 15:33:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective May 14, 2015. | |
| Contact | If you have questions on this rule, call or email Donna Gagliano, 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 Citation | 80 FR 27563 | |
| RIN Number | 1625-AA09 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR