Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Rules and Regulations 20437 

TABLE TO § 165.506—Continued 

[All coordinates listed in the Table to § 165.506 reference Datum NAD 1983] 

No. Date Location Regulated area 

8. ....... July 4th ............................ Neuse River, New Bern, NC; Safety Zone ................ All waters of the Neuse River within a 360 yard radius of the fireworks barge in approximate position latitude 35°06′07.1′′ N., longitude 

077°01′35.8′′ W.; located 420 yards north of the 

New Bern, Twin Span, high-rise bridge. 

9. ....... July 4th ............................ Edenton Bay, Edenton, NC; Safety Zone ................. All waters within a 300 yard radius of position latitude 36°03′04′′ N., longitude 076°36′18′′ W., approximately 150 yards south of the entrance to 

Queen Anne Creek, Edenton, NC. 

10. ..... July 4th November—Saturday following Thanksgiving Day.Motts Channel, Banks Channel, Wrightsville Beach, 

NC; Safety Zone.

All waters of Motts Channel within a 500 yard radius 

of the fireworks launch site in approximate position latitude 34°12′29′′ N., longitude 077°48′27′′ 

W., approximately 560 yards south of Sea Path 

Marina, Wrightsville Beach, NC. 

11. ..... July 4th ............................ Cape Fear River, Southport, NC; Safety Zone ......... All waters of the Cape Fear River within a 600 yard 

radius of the fireworks barge in approximate position latitude 33°54′40′′ N., longitude 078°01′18′′ 

W., approximately 700 yards south of the waterfront at Southport, NC. 

12. ..... July 4th ............................ Big Foot Slough, Ocracoke, NC; Safety Zone .......... All waters of Big Foot Slough within a 300 yard radius of the fireworks launch site in approximate 

position latitude 35°06′54′′ N., longitude 

075°59′24′′ W., approximately 100 yards west of 

the Silver Lake Entrance Channel at Ocracoke, 

NC. 

13. ..... August—1st Tuesday ...... New River, Jacksonville, NC; Safety Zone ............... All waters of the New River within a 300 yard radius 

of the fireworks launch site in approximate position latitude 34°44′45′′ N., longitude 077°26′18′′ 

W., approximately one half mile south of the Hwy 

17 Bridge, Jacksonville, North Carolina. 

14. ..... July 4th ............................ Pantego Creek, Belhaven, NC; Safety Zone ............ All waters on the Pantego Creek within a 600 foot 

radius of the launch site on land at position 

35°32′35′′ N., 076°37′46′′ W. 

15. ..... July 4th ............................ Atlantic Intracoastal Waterway, Swansboro, NC; 

Safety Zone.

All waters of the Atlantic Intracoastal Waterway 

within a 300 yard radius of approximate position 

latitude 34°41′02′′ N., longitude 077°07′04′′ W., located on Pelican Island. 

16. ..... September—4th or last 

Saturday.

Shallowbag Bay, Manteo, NC; Safety Zone .............. All waters of Shallowbag Bay within a 200 yard radius of a fireworks barge anchored at latitude 

35°54′31′′ N., longitude 075°39′42′′ W. 

17. ..... May—3rd Saturday .......... Pasquotank River; Elizabeth City, NC; Safety Zone All waters of the Pasquotank River within a 300 

yard radius of the fireworks barge at latitude 

36°17′47′′ N., longitude 076°12′17′′ W., located 

north of Cottage Point at the shoreline of the 

Pasquotank River. 

18. ..... October—2nd Saturday ... Atlantic Intracoastal Waterway; Bogue Inlet, 

Swansboro, NC; Safety Zone.

All waters of the Atlantic Intracoastal Waterway 

within a 300 yard radius of the fireworks launch 

site at latitude 34°41′02′′ N., longitude 077°07′04′′ 

W., located at Bogue Inlet, near Swansboro, NC. 

Dated: April 3, 2015. 

Stephen P. Metruck, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2015–08756 Filed 4–15–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0213] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Coquille River, Bandon, OR 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

U.S. 101 highway drawbridge also 

known as Bullard’s Drawbridge, near 

Bandon, Oregon. The change will allow 

the drawbridge to permanently remain 

in the closed-to-navigation position, no 

longer opening for vessel traffic. While 

there is vessel traffic on this waterway, 

no one has requested a drawbridge 

opening since 1998. Oregon Department 

of Transportation (ODOT) owns the 

bridge and requested to update the 

operating schedule accordingly. 

DATES: This rule is effective May 18, 

2015. 


tkelley on DSK3SPTVN1PROD with RULES
20438 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Rules and Regulations 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0213. 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 Steven M. Fischer, Bridge 

Administrator, Thirteenth Coast Guard 

District Bridge Program Office, 

telephone 206–220–7282; email d13-pfd13bridges@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION:

Table of Acronyms 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

§ Section Symbol 

U.S.C. United States Code 

A. Regulatory History and Information 

On December 22, 2014, the Coast 

Guard published a Notice of Proposed 

Rulemaking (NPRM) entitled 

‘‘Drawbridge Operation Regulation; 

Coquille River, Coos Bay, OR’’ in the 

Federal Register (79 FR 76249). We 

received four comments on the 

proposed rule but these comments did 

not address the substance of this 

rulemaking. No public meeting was 

requested, and none was held. 

B. Basis and Purpose 

ODOT owns and operates the US 101 

Highway Bridge also known as Bullard’s 

Drawbridge on the Coquille River in 

Bandon, Oregon. ODOT requested that 

the drawbridge regulation be amended 

to allow the bridge to remain in the 

permanently closed-to-navigation 

position. ODOT provided the Coast 

Guard with bridge logs which indicated 

no request for bridge openings have 

been received since 1998. 

The Coast Guard believes this rule 

change is reasonable, and will continue 

to meet the present and future needs of 

navigation. Based on the records 

provided by ODOT to the Coast Guard, 

it is expected that the new rule will 

have no known impact to navigation or 

other waterway users. 

US 101 Highway Bridge, in the 

closed-to-navigation position, provides 

28.1 feet of vertical clearance at mean 

high water and 35 feet at low water. 

C. Discussion of Proposed Rule 

The operating regulations at 33 CFR 

117.875 will change the operation of the 

US 101 Highway Bridge, also known as 

Bullard’s Drawbridge, on the Coquille 

River in Bandon, Oregon such that it 

will not be required to open for marine 

traffic at any time. The change was 

requested by ODOT, the owner of the 

bridge, because there have not been any 

request to open for marine traffic since 

1998. 

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. The 

Coast Guard bases this finding on the 

fact that the bridge has remained in the 

closed position for the last 16 years 

without any impacts to 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. 

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. The Coast Guard received no 

comments on the NPRM for this rule 

and there is no indication that any small 

entities will be affected by this rule 

since the bridge has remained in the 

closed position for the last 16 years 

without any impacts to waterway users. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Rules and Regulations 20439 

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 expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule would 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 

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 is not 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 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. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.875 to read as follows: 

§ 117.875 Coquille River. 

The draws of the US 101 highway 

bridge, mile 3.5 at Bandon, Oregon, 

need not be opened for the passage of 

vessels; however, the draws shall be 

restored to operable condition within 6 

months after notification by the District 

Commander to do so. 

Dated: April 2, 2015. 

R.T. Gromlich, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. 2015–08757 Filed 4–15–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2015–0236] 

RIN 1625–AA00 

Safety Zone; Sabine River, Orange, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Sabine River 

in Orange, TX in support of Deep South 

Racing Association boat races. This 

temporary safety zone is necessary to 

protect the surrounding public and 

vessels from the hazards associated with 

a boat race competition. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective on May 30 

and 31, 2015. This rule will be enforced 

from 8:30 a.m. until 6:00 p.m. on May 

30 and May 31, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2015–0236]. 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. Scott Whalen, U.S. Coast 

Guard MSU Port Arthur, (409) 719–5086 

or email, scott.k.whalen@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

BNM Broadcast Notices to Mariners 

DSRA Deep South Racing Association 

DHS Department of Homeland Security 

FR Federal Register 

LNM Local Notice to Mariners 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) 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 public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. The Coast 

Guard received notice on March 16, 

2015 that this event is planned to take 


tkelley on DSK3SPTVN1PROD with RULES