[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22101-22103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09037]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0386]
RIN 1625-AA09


Drawbridge Operation Regulation; Taylor Bayou Outfall Canal 
(Joint Outfall Canal), TX

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is implementing an operating schedule that 
governs the Valero pontoon-supported swing bridge across Taylor Bayou 
Outfall Canal (Joint Outfall Canal (JOC)), mile 2.44, West Port Arthur, 
Jefferson County, Texas. This bridge provides for Valero's maintenance 
vehicles and contractors to cross the waterway. The regulation will 
allow the bridge to remain in the open-to-navigation position except 
during two scheduled daily closures. This regulation increases the 
efficiency of operations allowing for the safe navigation of vessels 
through the bridge while recognizing the bridge's importance to the 
facility that it serves.

DATES: This rule is effective May 21, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0386]. To view documents mentioned in this preamble as being 
available in the docket, go to 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 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 Mr. James Wetherington; Bridge Administration Branch, 
Eighth Coast Guard District; telephone 504-671-2128, email 
<a href="/cdn-cgi/l/email-protection#85efe4e8e0f6abf7abf2e0f1ede0f7ecebe2f1eaebc5f0f6e6e2abe8ece9"><span class="__cf_email__" data-cfemail="0c666d61697f227e227b697864697e65626b7863624c797f6f6b22616560">[email protected]</span></a>. If you have questions on viewing the 
docket, call Cheryl F. Collins, Program Manager, Docket Operations, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
USCG United States Coast Guard
NEPA National Environmental Policy Act
NPRM Notice of Proposed Rule Making
Sec.  Section Symbol
U.S.C. United States Code
JOC Joint Outfall Canal

A. Regulatory History and Information

    On September 23, 2014, we published an Interim Rule with request 
for comments entitled, ``Drawbridge Operation Regulation; Taylor Bayou 
Outfall Canal (Joint Outfall Canal), TX'' in the Federal Register (79 
FR 56651). We received 1 comment on the interim rule. No public meeting 
was requested, and none was held.

B. Basis and Purpose

    The Premcor Refining Group, Inc.--A Valero Company owns the new 
Valero pontoon-supported swing bridge across Taylor Bayou Outfall Canal 
(JOC), mile 2.44, West Port Arthur, Jefferson County, Texas.
    The bridge has unlimited vertical clearance in the open-to-
navigation position and a vertical clearance of 11.11 feet in the 
closed-to-navigation position. The new bridge also has a horizontal 
clearance of 75.0 feet from fender to fender in the open-to-navigation 
position and 52 feet from pontoon to fender in the closed-to-navigation 
position. Traffic on this waterway is primarily recreational craft and 
commercial barges. Valero engaged the owners of these vessels through 
multiple discussions leading to the design and operating schedule of 
this bridge.
    The owner requested to change the operating schedule, per 33 CFR 
117.41(b), to allow the bridge to remain open except for two scheduled 
daily closures.
    This change allows the bridge owner to leave the bridge in the 
open-to-navigation position, except for two daily maintenance cycles, 
while removing the requirement that a bridge tender be on the bridge at 
all times. All notifications and signals will remain as noted in the 
Interim Rule.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period of 45 days and only one 
comment was received. This comment was from Valero stating that they 
are in agreement with the rule as stated in the interim rule; however, 
they wish to have a little bit more flexibility due to contractor staff 
and general maintenance that require access to the other side of the 
property. After discussions with Valero, they agreed that any operation 
of

[[Page 22102]]

the bridge outside of the prescribed times will require a tender on the 
bridge until the operations are finished and the normal open-to-
navigation position can be resumed. Everything else will remain as 
published in the interim rule.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    This rule allows the bridge to remain in the open-to-navigation 
position at all times with the exception of two scheduled closures each 
day to allow for vehicular traffic. Because the bridge will be left in 
the open position and only closed to vessel traffic for two hours per 
day, one hour in the morning and one hour in the early evening, this 
regulation will have a minimal affect on the waterway users and vessels 
transiting the area. Additionally, the bridge can be opened in 30 
minutes should there be emergency need during one of the scheduled 
closures. Through the course of the comment period of the interim rule, 
it was noted that if the bridge needs to be closed at any other time 
than those times that are scheduled, the bridge will be tended and be 
able to be opened in approximately 15 minutes.

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 received no comments from the Small Business 
Administration on this rule. 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 affect the following entities, some of which may be 
small entities: the property owners, vessel operators and waterway 
users who wish to transit on Taylor Bayou Outfall Canal (JOC) past mile 
2.44 from 6:30 a.m. to 7:30 a.m. and from 5:30 p.m. to 6:30 p.m. daily. 
This rule will not have a significant impact on a substantial number of 
small entities for the following reasons because, through pre-
coordination and consultation with property owners, vessel operators 
and waterway users, this operating schedule will accommodate all 
waterway users with minimal impact.

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 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 calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations

[[Page 22103]]

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 made a 
determination 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 simply promulgates the 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.

List of Subjects in 33 CFR Part 117

    Bridges.
    Accordingly, the interim rule amending 33 CFR part 117 which was 
published at 79 FR 56651 on September 23, 2014, is adopted as a final 
rule with the following change:

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. Amend Sec.  117.988 by adding paragraph (g) to read as follows:


Sec.  117.988  Taylor Bayou Outfall Canal (Joint Outfall Canal (JOC)).

* * * * *
    (g) If the bridge is required to operate outside of the specified 
times, the bridge will be tended until it is returned to the open-to-
navigation position.

    Dated: March 20, 2015.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-09037 Filed 4-20-15; 8:45 am]
 BILLING CODE 9110-04-P


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