[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Rules and Regulations]
[Pages 26764-26766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12126]


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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: Final rule.

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SUMMARY: The Coast Guard is changing 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 final rule will allow for the drawbridges to 
remain in the closed-to-navigation position. While there is vessel 
traffic on the waterway, no one has requested that either drawbridge be 
open since 2007. Union Pacific Railroad and Midsouth Railroad, the 
bridge owners, requested to update the operating schedule accordingly.

DATES: This rule is effective on July 10, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0911. 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 Eric A. Washburn, Bridge Administrator, Western Rivers, 
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 Information and Regulatory History

    On June 21, 2018, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Red River, Shreveport, 
LA in the Federal Register (83 FR 28785). We received 9 comments on 
this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
This rule changes the operating schedule for two bridges by revising 
the regulations governing the Red River drawbridge operating 
requirements under 33 CFR 117.491(c). Currently, this operating 
schedule applies to the draws of all bridges on the Red River from, 
mile 105.8 through mile 234.4. The operating schedule changes will 
allow the drawbridges to remain closed to the passage of vessels. 
However, pursuant 33 CFR 117.39, this rule includes a provision that 
requires the owner or agency controlling the bridge to bring the draw 
into full operational capability within three months if the District 
Commander provides a notification that needs of navigation require 
resumed operation of the spans.
    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,

[[Page 26765]]

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 rule is reasonable and 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 change will have no known impact to navigation or other waterway 
users.

IV. Discussion of Comments, Changes, and the Final Rule

    The Coast Guard provided a comment period of 60 days and nine 
comments were received. All nine comments were concerned the 
drawbridges will be permanently closed-to-navigation. The intent for 
the rule change is not to permanently close the draws, but allow for 
the drawbridges to remain in the closed-to-navigation position until 
the need of navigation resumes, at which time the draws will be 
required to open within three months notice from the District 
Commander.

V. 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 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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it 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 logs that were 
provided by the bridge owners indicating that there has been no request 
for a bridge opening since 2007. Moreover, once the needs of navigation 
require the resumed operation of the spans, the owner or agency of the 
drawbridges will be notified by the District Commander to restore the 
draws to full operation within three months.

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 under 5 U.S.C. 
605(b) that this 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 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 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 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 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.

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

[[Page 26766]]

figure 2-1, paragraph (32)(e), of the Instruction.
    A Record of Environmental Consideration and a Memorandum for the 
Record 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.

    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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  117.491 by revising 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: April 29, 2019.
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2019-12126 Filed 6-7-19; 8:45 am]
 BILLING CODE 9110-04-P