[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Proposed Rules]
[Pages 27994-27995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12720]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0956]
RIN 1625-AA09


Drawbridge Operation Regulations; Tensaw River, Hurricane, AL

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 CSX Railroad swing bridge across the Tensaw River mile 
15.0, Hurricane, Baldwin County, AL. The bridge owner, CSX 
Transportation, submitted a request to allow the bridge to require a 
ten-hours-notice for bridge openings because there are infrequent 
bridge openings. This proposal would remove the drawbridge tender 
during daylight hours.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 17, 2019.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0956 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Mr. Doug Blakemore, Eighth Coast 
Guard District Bridge Administrator; telephone (504) 671-2128, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
CSX CSX Railroad
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
OMB Office of Management and Budget
Pub. L. Public Law
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    CSX has requested to change the operating requirements for the CSX 
railroad bridge across the Tensaw River mile 15.0, Hurricane, Baldwing 
County, Alabama. This bridge currently opens according to 33 CFR part 
117.113 and opens on signal; except that, from 5 p.m. to 9 a.m. the 
draw shall open on signal if at least eight-hours-notice is given. CSX 
has requested that the bridge open on signal if at least ten-hours-
notice is given at all times.
    This bridge spans the Tensaw River that is currently used by small 
recreational boats, house boats, and a tour boat. The bridge has a 
vertical clearance of 11 feet above mean high water in the closed to 
vessel position and unlimited vertical clearance in the open to vessel 
traffic position. There are few vessel movements through this bridge. 
From July 2017 through February 2018 the bridge opened 52 times for 
vessel passage. This equates to less than 7 times each month. Of these 
openings 38 were made for recreational vessels, 16 were made for a tour 
boat, 6 were made for house boats, and 2 were made for local law 
enforcement vessels.
    This change would allow CSX to align bridge tender operations with 
daylight and night time hours and provide for the reasonable needs of 
navigation.
    The Coast Guard is issuing this NPRM under authority 33 U.S.C. 499.

III. Discussion of Comments and Change

    The Coast Guard's decision to promulgate a drawbridge regulation 
depends primarily upon the effect of the proposed rule on navigation to 
assure that the rule provides for the reasonable needs of navigation 
after consideration of the rule on the impact to the public. The Coast 
Guard must ensure that bridges across navigable waters do not 
unreasonably obstruct waterway traffic and at the same time provide for 
the reasonable needs of land traffic. Drawbridge operations must 
balance the needs of vessel, vehicle, rail, pedestrian and recreational 
traffic in the overall public interest.
    Based on the infrequent times that this bridge has opened for 
vessel traffic over eight months this proposed rule reasonably 
accommodates waterway users while reducing CSX's burden in operating 
the bridges. We have not identified any impacts on marine navigation 
with this proposed rule.

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 
vessels can still open the draw and transit if advance notice is 
provided. Those vessels with a vertical clearance requirement of less 
than 11 feet above mean high water may transit the bridge at any time, 
and the bridge will open in case of emergency at any time. We believe 
this proposed change to the drawbridge operation regulations at 33 CFR 
117.113 will meet the reasonable needs of navigation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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

[[Page 27995]]

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.
    The bridge provides an 11 foot vertical clearance at mean high 
water that should accommodate most present vessel traffic and the 
bridge will continue to open on signal for any vessel provided at least 
10 hours advance notice is given. 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.
    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 proposed 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 section. 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 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 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 preliminary 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 proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further review, 
under figure 2-1, paragraph (32)(e), of the Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are 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.
    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. Revise Sec.  117.113 to read as follows:


Sec.  117.113  Tensaw River

    The draw of the CSX Transportation Railroad bridge, mile 15.0 at 
Hurricane, shall open on signal if at least ten-hours-notice is given. 
During periods of severe storms or hurricanes, from the time the 
National Weather Service sounds an ``alert'' for the area until the 
``all clear'' is sounded, the draw shall open on signal.

    Dated: April 16, 2019.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2019-12720 Filed 6-14-19; 8:45 am]
BILLING CODE 9110-04-P