
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 28995-28997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13379]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0473]
RIN 1625-AA09


Drawbridge Operation Regulation; Cerritos Channel, Long Beach, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is removing the operating schedule that 
governs the Commodore Schuyler F. Heim highway bridge, mile 4.9, across 
the Cerritos Channel, at Long Beach, California. The drawbridge has 
been removed from the waterway making the operating regulation no 
longer necessary.

DATES: This rule is effective June 27, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type [USCG-
2017-0473]. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Carl T. Hausner, Chief, Bridge Section, Eleventh Coast 
Guard District; telephone 510-437-3516, email Carl.T.Hausner@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
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 NPRM with respect to this rule 
because the Commodore Schuyler F. Heim highway bridge, that once 
required draw operations in 33 CFR 117.147(a), has been removed from 
the waterway. Therefore, the regulation is no longer necessary or 
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 restrictions that 
have no further use or value.
    We are issuing this rule under 5 U.S.C. 553(d)(3), the Coast Guard 
finds

[[Page 28996]]

that good cause exists for making this rule effective in less than 30 
days after publication in the FR. This rule merely requires an 
administrative change to the CFR in order to omit a regulatory 
requirement that is no longer applicable or necessary. The 
modifications have already taken place and the removal of the 
regulation will not affect mariners currently operating on the 
waterway. 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 Commodore Schuyler F. Heim highway bridge, mile 4.9, across the 
Cerritos Channel, at Long Beach, California, that once required draw 
operation in 33 CFR 117.147(a) has been removed from the waterway. The 
elimination of the drawbridge necessitates the removal of the 
drawbridge operation regulation in 33 CFR 117.147(a) that pertains to 
this former drawbridge.
    The purpose of this rule is to remove 33 CFR 117.147(a), which 
refers to this bridge, from the CFR since the bridge is no longer 
crosses the waterway.

IV. Discussion of Final Rule

    The Coast Guard is changing the regulation in 33 CFR 117.147 by 
removing the restriction related to the draw operation for the Commode 
Schuyler F. Heim highway bridge that is no longer a drawbridge. The 
change removes paragraph (a) of the regulation governing this bridge. 
This change does not affect nor does it alter the operating schedule 
that is currently designated paragraph (b), which governs the Henry 
Ford Avenue railroad bridge on the Cerritos Channel.

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. E.O. 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This rule has not been designated a 
``significant regulatory action,'' under E.O. 12866. Accordingly, it 
has not been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the fact that the 
Commodore Schuyler F. Heim highway bridge no longer exists. The removal 
of the operating schedule from 33 CFR part 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.
    For 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, 
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.

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 E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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 and Commandant Instruction M16475.l 
(series), 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 action is 
categorically excluded from further review, under figure 2-1, paragraph 
(32)(e), of the Instruction.
    A Record of Environmental Consideration (REC) and Memorandum for 
the Record (MFR) are not required for this rule.

[[Page 28997]]

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.  117.147   [Amended]

0
2. In Sec.  117.147, remove paragraph (a) and redesignate paragraph (b) 
as an undesignated paragraph.

    Dated: June 21, 2017.
T.A. Sokalzuk,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard 
District.
[FR Doc. 2017-13379 Filed 6-26-17; 8:45 am]
 BILLING CODE 9110-04-P


