Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 22101 

call Cheryl Collins, Program Manager, 

Docket Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: The 

Virginia Department of Transportation, 

who owns and operates this swing 

bridge, has requested a temporary 

deviation from the current operating 

regulation set out in 33 CFR 117.1025, 

to facilitate maintenance of the 

moveable spans on the structure. 

Under the regular operating schedule, 

the Coleman Memorial Bridge, mile 7.0, 

between Gloucester Point and 

Yorktown, VA, opens on signal except 

from 5 a.m. to 8 a.m. and 3 p.m. to 7 

p.m. Monday through Friday, except 

Federal holidays, shall remain closed to 

navigation. The Coleman Memorial 

Bridge has vertical clearances in the 

closed position of 60 feet above mean 

high water. 

Under this temporary deviation, the 

drawbridge will be closed to navigation 

from 7 a.m. to 5 p.m. each day on: 

Sunday May 3, 2015 with an inclement 

weather date on Sunday May 10, 2015; 

Sunday June 7, 2015 with an inclement 

weather date on Sunday June 14, 2015; 

And Sunday July 12, 2015 with an 

inclement weather date on Sunday July 

19, 2015. The bridge will operate under 

normal operating schedule at all other 

times. Emergency openings cannot be 

provided. There are no alternate routes 

for vessels transiting this section of the 

York River. Vessels able to pass under 

the bridge in the closed position may do 

so at anytime and are advised to 

proceed with caution. All other vessels 

may pass before 7 a.m. and after 5 p.m. 

The York River is used by a variety of 

vessels including military, tugs, and 

recreational vessels. The Coast Guard 

has carefully coordinated the 

restrictions with these waterway users. 

The Coast Guard will also inform 

additional waterway users of the bridge 

closure periods through our Local and 

Broadcast Notices to Mariners so that 

vessels can arrange their transits and 

minimize any impacts caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: April 8, 2015. 

James L. Rousseau, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2015–09039 Filed 4–20–15; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

SUMMARY: The Coast Guard is 

implementing an operating schedule 

that governs the Valero pontoonsupported 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-tonavigation 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 james.r.wetherington@

uscg.mil. 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 

§ 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-tonavigation position and 52 feet from 

pontoon to fender in the closed-tonavigation 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-tonavigation 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 


tkelley on DSK3SPTVN1PROD with RULES
22102 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 

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 precoordination 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Rules and Regulations 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 

■ 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. Amend § 117.988 by adding 

paragraph (g) to read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2015–0169] 

RIN 1625–AA00 

Cincinnati Reds Season Fireworks; 

Ohio River Mile 470.1–470.4; 

Cincinnati, OH 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Cincinnati Reds 

Season Fireworks on the Ohio River, 

from mile marker 470.1 and ending at 

470.4, extending 500 feet from the State 

of Ohio shoreline. This rule is effective 

during specific home games during the 

regular baseball season. Should the 

Cincinnati Reds make the playoffs and 

have additional home games, the Coast 

Guard will provide advance notification 

of enforcement periods via Broadcast 

Notices to Mariners, Local Notices to 

Mariners, and/or Marine Safety 

Information Bulletins as appropriate. 

This action is needed to protect vessels 

transiting the area and event spectators 

from the hazard associated with the 

Cincinnati Reds Barge-based Fireworks. 

During the enforcement period, entry 

into, transiting, or anchoring in the 

safety zone is prohibited to all vessels 

not registered with the sponsor as 

participants or official patrol vessels, 

unless specifically authorized by the 

Captain of the Port (COTP) Ohio Valley 

or a designated representative. 

DATES: The regulations in 33 CFR 

165.801, Table No. 1, Line no. 2 will be 

enforced from 9 p.m. through 11:30 p.m. 

on April 24, May 15, May 29, June 5, 

June 19, July 3, July 4, July 17, July 31, 

August 21, September 4, September 11, 

and September 25, 2015. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice of 

enforcement, call or email Kevin Cador, 

MSD Cincinnati, U.S. Coast Guard at 

telephone 513–921–9033, email 

Kevin.L.Cador@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety Zone for 

the Cincinnati Reds Season Fireworks 

listed in 33 CFR 165.801, Table No. 1, 

Line no. 2. These regulations can be 

found in the electronic version of the 

Code of Federal Regulations, under 33 

CFR 165.801( ). 

Under the provisions of 33 CFR 

165.801, a vessel may not enter the safe 

zone, unless it receives permission from 

the COTP Ohio Valley or a designated 

representative. Persons or vessels 

desiring to enter into or passage through 

the safety zone must request permission 

from the COTP Ohio Valley or 

designated representative. If permission 

is granted, all persons and vessels shall 

comply with the instructions of the 

COTP Ohio Valley or designated 

representative. 

This notice is issued under authority 

of 33 CFR 165.801 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with extensive 

advance notification of this enforcement 

period via the Local Notice to Mariners 

(LNM) and Broadcast Notice to Mariners 

(BNM). If the COTP Ohio Valley 

determines that the regulated area need 

not be enforced for the full duration 

stated in the notice, he or she may use 

a BNM to grant general permission to 

enter the regulated area. 

Dated: March 30, 2015. 

R.V. Timme, 

Captain, U.S. Coast Guard, Captain of the 

Port Ohio Valley. 

[FR Doc. 2015–09279 Filed 4–20–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0019] 

RIN 1625–AA00 

Safety Zone; Xterra Swim, Myrtle 

Beach, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone 

during the Xterra swim, a swimming 

race occurring on waters of the 

Intracoastal Waterway in Myrtle Beach, 

South Carolina. The Xterra Swim is 

scheduled to take place on Sunday, May 

3, 2015. The temporary safety zone is 

necessary for the safety of the 

swimmers, participant vessels, 

spectators, and the general public 

during the event. Persons and vessels 

are prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone unless authorized 

by the Captain of the Port Charleston or 

a designated representative. 

DATES: This rule is effective and will be 

enforced from 7:30 a.m. until 8:30 a.m. 

on May 3, 2015. 


tkelley on DSK3SPTVN1PROD with RULES