Drawbridge Operation Regulation; Red River, Shreveport, LA
| Citation | 84 FR 26764 |
| Record Number | 2019-12126 |
| Published date | 10 June 2019 |
| Section | Rules and Regulations |
| Court | Coast Guard |
Federal Register, Volume 84 Issue 111 (Monday, June 10, 2019)
[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
