Rule2021-24087
Drawbridge Operation Regulation; Ogeechee River, Richmond Hill, GA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 5, 2021
Effective
November 5, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is removing the existing drawbridge operation regulation for the Ogeechee River. The District Bridge Manager has determined that the waterway at mile 30.7, is an Advance Approved Waterway per the regulation. The railroad bridge at mile, 30.7 is being converted to a fixed bridge and the highway bridge at mile, 37.8 was removed from the waterway. The drawbridge operating regulation for the Ogeechee River is no longer applicable or necessary.
Full Text
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<title>Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)</title>
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61066-61068]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24087]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2021-0596]
RIN 1625-AA09
Drawbridge Operation Regulation; Ogeechee River, Richmond Hill,
GA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Ogeechee River. The District Bridge Manager has
determined that the waterway at mile 30.7, is an Advance Approved
Waterway per the regulation. The railroad bridge at mile, 30.7 is being
converted to a fixed bridge and the highway bridge at mile, 37.8 was
removed from the waterway. The drawbridge operating regulation for the
Ogeechee River is no longer applicable or necessary.
DATES: This rule is effective November 5, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0596. In the ``SEARCH'' box and click ``SEARCH.'' In the Document
Type column, select ``Supporting & Related Material''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Jennifer Zercher, Bridge Management Specialist,
Seventh Coast Guard District, telephone 305-415-6740, email
<a href="/cdn-cgi/l/email-protection#256f404b4b4c4340570b6b0b7f4057464d405765505646420b484c49"><span class="__cf_email__" data-cfemail="d09ab5bebeb9b6b5a2fe9efe8ab5a2b3b8b5a290a5a3b3b7febdb9bc">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec. Section
GA Georgia
U.S.C. United States Code
II. Background Information and Regulatory History
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 waterway at mile 30.7 was
designated as an Advance Approved Waterway in June 2021. The Seaboard
System Railroad Bridge, mile 30.7, has not had a request to open in the
past 40 years, is being rehabilitated and converted to a fixed bridge.
The Highway Bridge, mile 37.8, was removed from the waterway.
Therefore, regulation 33 CFR 117.367 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 rule effective in less than 30 days after
publication in the Federal Register. The waterway is designated as
Advance Approved, the Highway Bridge was removed from the waterway and
the Seaboard System Railroad Bridge is
[[Page 61067]]
being rehabilitated and converted to a fixed bridge. 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. Therefore, a delayed effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Ogeechee River at mile 30.7, was designated as an Advance
Approved Waterway per 33 CFR 115.70 in June 2021. The Seaboard System
Railroad Bridge, mile 30.7, is being coverted to a fixed bridge and the
Highway Bridge, mile 37.8, was removed from the waterway. The Advance
Approved determination and the elimination of the removable span
necessitates the removal of drawbridge operation regulation, 33 CFR
117.367, which pertains to the waterway and the former drawbridges.
The purpose of this rule is to remove 33 CFR 117.367 which refers
to the Ogeechee River, from the Code of Federal Regulations since the
waterway is designated as an Advance Approved Waterway at mile 30.7,
the railroad bridge it governs is no longer able to be opened and the
highway bridge was removed from the waterway.
IV. Discussion of Final Rule
The Coast Guard is removing regulation 33 CFR 117.367 and the
regulatory burden related to the draw operations for a bridge that is
no longer in existence and a bridge that is no longer a drawbridge.
This Final Rule seeks to update the Code of Federal Regulations by
removing language that governs the Ogeechee River. This change does not
affect waterway or land traffic.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact that the
waterway is designated as Advanced Approved, the railroad bridge is
being converted to a fixed bridge and the highway bridge was removed
from the waterway. The removal of the operating schedule from 33 CFR
117 Subpart B will have no effect on the movement of waterway or land
traffic.
B. 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above this final rule would not have a significant economic impact on
any vessel owner or operator.
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 compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
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.
C. 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).
D. Federalism and Indian Tribal Government
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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
E. 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.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table 3-1, of
the U.S. Coast Guard Environmental Planning Implementation Procedures.
[[Page 61068]]
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
G. 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.
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. 117.367 [Removed]
0
2. Remove Sec. 117.367.
Dated: October 29, 2021.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2021-24087 Filed 11-4-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 5, 2021.
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