[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28785-28787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13321]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / 
Proposed Rules  

[[Page 28785]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0911]
RIN 1625-AA09


Drawbridge Operation Regulation; Red River, Shreveport, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the draws of the Union Pacific Railroad bridge, mile 227.0, and 
the Midsouth Railroad bridge, mile 228.2, across the Red River at 
Shreveport, LA. This proposed rule would allow the drawbridges to 
permanently remain in the closed-to-navigation position, no longer 
opening for vessel traffic. While there is vessel traffic on the 
waterway, no one has requested that either drawbridge open since 2007. 
Union Pacific Railroad and Midsouth Railroad, the bridge owners, 
requested to update the operating schedule accordingly.

DATES: Comments and related material must reach the Coast Guard on or 
before July 23, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0911 using Federal eRulemaking Portal at http://www.regulations.gov. 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 proposed 
rule, call or email Mr. Eric A. Washburn, Bridge Administrator, Western 
Rivers, U.S. Coast Guard; telephone 314-269-2378, 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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Coast Guard proposes to change the operating schedule that 
governs the draws of the Union Pacific Railroad bridge, mile 227.0, and 
the Midsouth Railroad bridge, mile 228.2, across the Red River at 
Shreveport, LA. The Red River extends approximately 294.0 miles from 
mile marker 304.0 on the Lower Mississippi River to Shreveport, LA, 
then through Twelve Mile and Cypress Bayous to its head of navigation 
near Daingerfield, TX. Regulations for the operation of drawbridges on 
the Red River are contained in 33 CFR 117.491. The Union Pacific 
Railroad bridge, mile 227.0, and the Midsouth Railroad bridge, mile 
228.2, are currently the only bridges governed by the regulations in 33 
CFR 117.491(c), which state that, ``the draws of the bridges above mile 
105.8 through mile 234.4 shall open on signal if at least 48 hours 
notice is given.''
    Navigation on the Red River in the vicinity of these bridges 
consists primarily of recreational craft, and commercial use of the 
waterway is only possible during periods of high water. Moreover, the 
U.S. Army Corps of Engineers does not maintain any project depth or 
navigable channel on this reach of the Red River, nor does the U.S. 
Coast Guard maintain any aids to navigation above mile 211.4. Under 33 
CFR 117.491(d), the bridges above mile 234.4 need not open for the 
passage of vessels. There are no alternate routes for vessels 
transiting this section of the Red River.
    Union Pacific Railroad owns the Union Pacific Railroad bridge, mile 
227.0, across the Red River at Shreveport, LA, and has requested that 
the drawbridge regulation be amended to allow the bridge to remain in 
the permanently closed position. Union Pacific provided the Coast Guard 
with bridge logs that indicate that there has been no request for a 
bridge opening since 2007. In the closed position, the Union Pacific 
Railroad bridge, mile 227.0, provides 15.1 feet of vertical clearance 
at mean high water.
    Midsouth Railroad owns the Midsouth Railroad bridge, mile 228.2, 
across the Red River at Shreveport, LA, and has also requested that the 
drawbridge remain in the permanently closed position. Midsouth Railroad 
provided the Coast Guard with bridge logs that indicate that there has 
been no request for a bridge opening since 2007. In the closed 
position, the Midsouth Railroad bridge, mile 228.2, provides 37.0 feet 
of vertical clearance at mean high water.
    Under 33 CFR 117.39, the District Commander may authorize a 
drawbridge to remain in the closed to navigation position and be 
untended when there have been no requests for drawbridge openings for 
two years. Due to the lack of significant navigation on this portion of 
the Red River that requires draws to open and the fact that there has 
been no request to open the draws in over ten years, the Coast Guard 
believes that this proposed rule is reasonable, and if implemented, 
should continue to meet the present and future needs of navigation. 
Based on the records provided by Union Pacific Railroad and Midsouth 
Railroad, it is expected that the proposed change will have no known 
impact to navigation or other waterway users. The Coast Guard proposes 
this rulemaking under authority of 33 U.S.C. 499.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.491(c), which governs 
the operating schedule of the draws of the Union Pacific Railroad 
bridge, mile marker (MM) 227.0 and the Midsouth Railroad bridge, MM 
228.2, across the Red River at Shreveport, LA. The regulation currently 
requires the draws of the bridges above mile 105.8 through mile 234.4 
to open on signal if at least 48 hours' notice is given. This proposed 
rule would allow the bridges to remain closed to the passage of 
vessels. However, pursuant to 33 CFR 117.39, this rulemaking would 
include a provision that requires the owner or agency controlling the 
bridge to the draw to full operation within three months if the 
District Commander provides a notification that needs of navigation 
require resumed operation of the spans. The regulatory text and changes 
we are proposing appear at the end of this document.

[[Page 28786]]

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that 
these drawbridges do not currently open for the passage of vessels due 
to the lack of navigation on the river. The last recorded opening of 
the drawbridges was in 2007. Consultation with the bridge owners 
indicated that currently no bridge tender positions are assigned to the 
bridges.

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 
proposed rule would 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, for the 
reasons stated in section IV.A. above, this proposed rule would not 
have a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call 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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves changing 
the operating schedule that governs the draws of two bridges on the Red 
River near Shreveport, LA to remain permanently closed to navigation. 
Normally such actions are categorically excluded from further review, 
under paragraph L49 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration is not required for this proposed rule. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. 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.

[[Page 28787]]

    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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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 proposes 
to amend 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.  117.491, revise paragraph (c) to read as follows:


 Sec.  117.491   Red River.

* * * * *
    (c) The draws of the bridges above mile 105.8 through mile 234.4 
need not open for passage of vessels. The owner or agency controlling 
the bridge must restore the draw to full operation within three months 
if notified by the District Commander that the needs of navigation 
require resumed operation of the spans.
* * * * *

    Dated: June 12, 2018.
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-13321 Filed 6-20-18; 8:45 am]
 BILLING CODE 9110-04-P