[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11434-11435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04827]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0952]
RIN 1625-AA09


Drawbridge Operation Regulation; Victoria Barge Canal, 
Bloomington, TX

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the method of operation for the 
Victoria Barge Canal Railroad Bridge (``bridge'') across the Victoria 
Barge Canal, mile 29.4, at Bloomington, Victoria County, Texas. This 
final rule makes permanent the change in method of operation to allow 
the bridge owner to operate the bridge remotely from a dispatching 
center in Spring, Texas. This final rule increases the efficiency of 
operations while allowing for the safe navigation of vessels through 
the bridge.

DATES: This rule is effective March 4, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type [USCG-
2014-0952]. 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 Ms. Geri Robinson; Bridge Administration Branch, Coast 
Guard; telephone 504-671-2128, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 30, 2014, we published a temporary deviation from 
regulations; request for comments (TD) entitled ``Drawbridge Operation 
Regulation; Victoria Barge Canal, Bloomington, Texas'' in the Federal 
Register (79 FR 78304). We received no comments on this temporary 
deviation. No public meeting was requested, and none was held. However, 
a contractor raised an issue regarding the requirements of dispatchers 
to contact the vessels when a vessel entered the two-mile bridge zone. 
In response to this concern, the Coast Guard decided that prior to 
issuance of a final rule, further comments would be accepted under an 
interim rule.
    On July 10, 2015, the Coast Guard published an interim rule with 
request for comments entitled ``Drawbridge Operation Regulation; 
Victoria Barge Canal, Bloomington, Texas'' in the Federal Register (80 
FR 39683). The interim rule allowed mariners to continue transit while 
the bridge was being remotely operated and comment as to whether the 
proposed method of operation was sufficient to ensure the safety of 
vessels transiting the area. We did not receive any comments on the 
interim rule. No public meeting was requested, and none was held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The bridge owner, the Victoria County Navigation District, in 
conjunction with the Union Pacific Railroad (UPRR) requested permission 
to remotely operate the Victoria Barge Canal Railroad Bridge across the 
Victoria Barge Canal, mile 29.4 at Bloomington, Victoria County, Texas. 
Traffic on the waterway consists of commercial traffic--primarily 
vessels and tows providing services to the Port of Victoria, and no 
reported recreational traffic transits the waterway. The vertical lift 
bridge has a vertical clearance of 22 feet above high water in the 
closed-to-navigation position and 50 feet above high water in the open-
to-navigation position.
    Presently, the bridge opens on signal for the passage of vessels in 
accordance with 33 CFR 117.991. Under the Temporary Deviation published 
on December 30, 2014, and the interim rule published on July 10, 2015, 
this bridge has been remotely operated for the past year and mariners 
will not notice any changes to the ongoing method of operation of the 
bridge.
    This final rule allows all vessels utilizing this stretch of the 
waterway to continue to transit the waterway unencumbered while 
providing for the bridge owner to operate the bridge from a remote 
location. Vessel operators should not see any changes in the efficiency 
of vessel movements as the bridge will still be required to open on 
signal for the passage of vessels.

IV. Discussion of Comments, Changes and the Final Rule

    As discussed above, a temporary deviation was published on December 
30, 2014, and an interim rule was published on July 10, 2015. The Coast 
Guard provided separate 60-day comment periods for the temporary 
deviation and the interim rule. No comments were received and no 
changes to the final rule have been made.

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 regulatory action determination is based on the ability that 
vessels can still transit the bridge. This final rule allows all 
vessels utilizing this stretch of the waterway to continue to transit 
the waterway unencumbered while providing for the bridge owner to 
operate the bridge from a remote location. Vessel operators should not 
see any changes in the efficiency of vessel movements as the bridge 
will still be required to open on signal for the passage of vessels.

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 received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies

[[Page 11435]]

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 Victoria Barge Canal daily. However, this 
rule will not have a significant impact on a substantial number of 
small entities for the following reasons: A test deviation was 
conducted and an interim rule was published and no opposition in 
response to the test or interim rule was received by the Coast Guard 
Office of Bridge Administration. Further, through pre-coordination and 
consultation with property owners, vessel operators and waterway users, 
this operating schedule accommodates all waterway users with minimal 
impact.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, 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 (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.

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 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.

List of Subjects in 33 CFR Part 117

    Bridges.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    For the reasons discussed in the preamble, the interim rule 
amending 33 CFR part 117 that published at 80 FR 39683 on July 10, 
2015, is adopted as a final rule without change.

    Dated: February 19, 2016.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2016-04827 Filed 3-3-16; 8:45 am]
 BILLING CODE 9110-04-P