[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81181-81184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32736]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0814]
RIN 1625-AA09


Drawbridge Operation Regulation; Lake Pontchartrain, Slidell, LA

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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

SUMMARY: The Coast Guard is modifying the method of operation for the 
Norfolk Southern Railroad (Norfolk Southern or NSRR) Bascule Bridge 
across Lake Pontchartrain, mile 4.80, near Slidell, St. Tammany Parish, 
Louisiana. The bridge owner, Norfolk Southern, requested in writing to 
operate the draw of the bridge remotely. This interim rule codifies the 
change in method of operation and increases the efficiency of railroad 
operations, allowing for the operation of the draw from another 
location, while allowing for comments regarding remote operations 
during the interim period.

DATES: This interim rule is effective December 29, 2015.
    Comments and related material must reach the Coast Guard on or 
before February 29, 2016.

ADDRESSES: You may submit comments or view documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov, type [USCG-2015-0814]. in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rulemaking.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or email Ms. Geri Robinson; Bridge Administration Branch, 
Eighth Coast Guard District; telephone 504-671-2128, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code
NSRR Norfolk Southern Railroad

II. Background Information and Regulatory History

    The Coast Guard is issuing this interim 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 there will be no change to the 
operating schedule of

[[Page 81182]]

the bridge. The modification for the bridge owner to open the draw by 
remote operation does not change the existing operating schedule. This 
rule will impose no new restrictions or requirements on the mariner. 
Thus, publishing an NPRM is impracticable as mariners are not expected 
to experience any changes in the operation of the draw for the purposes 
of vessel passage. Delaying this rule to provide for the notice and 
comment period would also unnecessarily delay the bridge owner in 
transitioning to the more efficient remote operation method. We are 
requesting comments to this interim rule to ensure participation in the 
rulemaking based on real-time experience while the draw operates under 
the new remote operation method.
    We are issuing this rule and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective in less than 
30 days after publication in the Federal Register. Delaying this rule 
to provide 30-day notice is unnecessary as mariners will experience no 
changes in transiting through the bridge site. Making this rule 
effective without providing 30-day notice imposes no impact on the 
mariner but allows for the bridge owner to transition to the more 
efficient remote operation method without unnecessary delay.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 499. The Norfolk Southern Railroad Bascule Bridge across Lake 
Pontchartrain at mile 4.80, near Slidell, St. Tammany Parish, 
Louisiana, has a horizontal clearance of 151 feet between fenders and a 
vertical clearance of 4.0 feet above Mean High Water, elevation 2.0 
feet Mean Sea Level in the closed-to-navigation position. The vertical 
clearance of the bascule bridge in the open-to-navigation position is 
68 feet for the full 151-foot horizontal clearance and unlimited from 
the tip of the bascule to the north fender system, a distance of 106 
feet. Currently, the bridge opens on signal under 33 CFR 117.5.
    In accordance with 33 CFR 117.42, the District Commander may 
authorize a drawbridge to operate under an automated system or from a 
remote location. The purpose of this rule is to allow the draw of this 
bridge to operate from a remote location. The draw will continue to 
open on signal for the passage of vessels, and mariners should not 
experience any changes in the level of service.

IV. Discussion of the Rule

    The Coast Guard, at the request of Norfolk Southern, is changing 
the method of operation for the Norfolk Southern Railroad Bascule 
Bridge across Lake Pontchartrain, mile 4.80, near Slidell, St. Tammany 
Parish, Louisiana. Due to the need for increased efficiency in railroad 
operations, Norfolk Southern requested a change to the method of 
operating the draw from on-site to a drawtender operating the bridge 
remotely.
    Presently, the draw is maintained in the open-to-navigation 
position and closed only for the passage of trains or maintenance. The 
bridge owner would like to operate the draw remotely using a drawtender 
at another drawbridge in Decatur, Alabama, rather than maintaining the 
current on-site operation and drawtender. The implementation of this 
rule, in effect, removes the requirement that a drawtender be present 
on site at all times.
    Under the new remote operation procedure, the draw will continue to 
be maintained in the open-to-navigation position and lowered only for 
the passage of trains or for maintenance. There will be no 
modifications to the operation of the bridge as it relates to the 
passage of vessels. Instead, this change will allow the bridge owner to 
increase efficiency of bridge operations and vessel transit by 
including this bridge in its current remote operation procedures 
located in Decatur, AL.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protesters.

A. Regulatory Planning and Review

    E.O.s 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 interim rule is not a significant regulatory action because 
the draw will be maintained in the open-to-navigation position and when 
closed to pass trains it will continue to open on signal as scheduled. 
Therefore, mariners will experience no changes in transiting through 
the bridge site. No new restrictions on or actions from the mariner are 
required by this rule.

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, because the draw will be 
maintained in the open-to-navigation position and when closed to pass 
trains it will continue to open on signal as scheduled, no new 
restrictions or responsibilities are imposed on the mariner. Therefore, 
this rule will 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

[[Page 81183]]

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 E.O. 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 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 action is categorically excluded from 
further review, 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.

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.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

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.


0
2. In Sec.  117.467, redesignate paragraph (b) as paragraph (c); and 
add new paragraph (b) to read as follows:


Sec.  117.467  Lake Pontchartrain.

* * * * *
    (b) The draw of the Norfolk Southern Railroad Bridge across Lake 
Pontchartrain, mile 4.80 near Slidell, St. Tammany Parish, Louisiana 
shall be maintained as follows:
    (1) The draw shall be maintained in the fully open-to-navigation 
position for vessels at all times, except during periods when it is 
closed for the passage of rail traffic or to perform periodic 
maintenance authorized in accordance with subpart A of this part.
    (2) The draw shall be remotely operated by the drawtender at 
Norfolk Southern's drawbridge in Decatur, Alabama. The estimated 
duration that the bridge will remain closed for the passage of rail 
traffic is 10 to 15 minutes per operation.
    (3) When a train approaches the bridge, the drawtender will 
initiate the bridge closing warning signal, consisting of radio calls 
via VHF-FM-channels 13 and 16 and activation of flashing red warning 
lights at each end of the span. The radio calls will be broadcast at 
five (5) minutes prior to bridge closing and at two (2) minutes prior 
to bridge closing. Photoelectric (infrared) boat detectors will monitor 
the waterway beneath the bridge for the presence of vessels.
    (4) The drawtender will continuously monitor waterway traffic in 
the area using closed-circuit cameras mounted on the bridge. The draw 
will only be closed if the drawtender's visual inspection indicates 
that the channel is clear and there are no vessels transiting in the 
area. The drawtender will maintain constant surveillance of the 
navigation channel to ensure that no conflict with maritime traffic 
exists. Additionally, the draw will not be closed if the S11 bascule 
bridge that is located immediately west of the railroad bridge is in 
the open-to-navigation position. If two or more closed-circuit cameras 
are inoperable or if there is inclement weather, the draw will only be 
operated by a drawtender located on site at the bridge.
    (5) At the end of the two-minute warning period, if no vessels have 
been detected by the drawtender, the draw closing sequence will 
automatically proceed.
    (6) Upon passage of the train, the draw will be returned to the 
fully open-to-navigation position to allow marine

[[Page 81184]]

traffic to pass. The warning lights will continue to flash red until 
the draw has returned to the fully open-to-navigation position at which 
time they will deactivate.
    (7) After the passage of each train, the draw must be returned to 
its fully open-to-navigation position.
    (8) To request openings of the draw when the bascule span is in the 
closed-to-navigation position, mariners may contact Norfolk Southern 
Railway via VHF-FM channel 13 or by telephone at the number displayed 
on the signs posted at the bridge.
    (9) The draw will be operated locally if:
    (i) Communication is lost between the drawbridge and the drawtender 
in Decatur, Alabama;
    (ii) More than two closed-circuit cameras are not working;
    (iii) The marine radio is inoperable;
    (iv) Weather conditions warrant; or
    (v) Ordered by the Coast Guard.
* * * * *

    Dated: December 11, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-32736 Filed 12-28-15; 8:45 am]
 BILLING CODE 9110-04-P