[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65676-65677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25977]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

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


Drawbridge Operation Regulation; Tensaw River, Hurricane, AL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the CSX Railroad swing bridge across the Tensaw River mile 
15.0, Hurricane, Baldwin County, AL. This bridge will open on signal if 
at least ten-hours-notice is given. This rule is being changed because 
there are infrequent requests to open the bridge. This change will 
remove the drawbridge tender during daylight hours.

DATES: This rule is effective December 30, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2018-0965 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 Mr. Doug Blakemore, Eighth Coast Guard District Bridge 
Administration Branch Chief; 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
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On June 17, 2018, we published a notice of proposed rulemaking 
entitled Drawbridge Operation Regulations; Tensaw River, Hurricane, AL 
in the Federal Register 2019-12720. We received 0 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.
    CSX 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 
requested that the bridge open on signal if at least ten-hours-notice 
is given at all times.
    This bridge spans the Tensaw River and is 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 allows CSX to align bridge tender operations with 
daylight and night time hours and provide for the reasonable needs of 
navigation.

IV. Discussion of Comments, Changes and the Final Rule

    There were no comments on this rule change. The Coast Guard 
provided a comment period of 30 days. Based on the infrequent times 
that this bridge has opened for vessel traffic over eight months this 
rule provides vessels with a reasonable ability to use the waterway. We 
did not identified any impacts on marine navigation with this proposed 
rule.

V. Regulatory Analyses

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

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 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 an emergency at any time. This 
change to the drawbridge operation regulations at 33 CFR 117.113 meets 
the reasonable needs of navigation.

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 0 comments from the Small Business 
Administration on this rule. 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, for the reasons stated in section IV.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

[[Page 65677]]

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 Executive Order 
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, U.S. Coast Guard Environmental Planning 
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental 
Planning Implementation Procedures (series) which guide the Coast Guard 
in complying with the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321-4370f). We have made a 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 
rule promulgates the operating regulations or procedures for 
drawbridges. This action is categorically excluded from further review, 
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard 
Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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; 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. 
The draw shall open at the direction of the District Commander.

    Dated: September 13, 2019.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.

    Editorial Note: This document was submitted to the Office of the 
Federal Register on November 25, 2019.

[FR Doc. 2019-25977 Filed 11-27-19; 8:45 am]
BILLING CODE 9110-04-P