Drawbridge Operation Regulation; Lake Pontchartrain, Slidell, LA, 81181-81184 [2015-32736]
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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations
principles and preemption requirements
described in E.O. 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.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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.
■
2. Revise § 117.411 to read as follows:
E. Unfunded Mandates Reform Act
§ 117.411
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.
(a) The draws of the bridges across the
Missouri River shall open on signal;
except during the winter season
between the date of closure and the date
of opening of the commercial navigation
season as published by the Army Corps
of Engineers, the draw need not open
unless at least 24 hours advance notice
is given.
(b) The draw of the Atchison Railroad
Bridge, Mile 422.5, Missouri River need
not open unless a two-hour advance
notice is given during the commercial
navigation season.
■ 3. Revise § 117.687 to read as follows:
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
figure 2–1, paragraph (32)(e), of the
Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
jstallworth on DSK7TPTVN1PROD with RULES
G. Protest Activities
List of Subjects in 33 CFR Part 117
Bridges.
15:24 Dec 28, 2015
Missouri River.
The draws of the bridges, except for
the Atchison Railroad Bridge, Mile
422.5, see § 117.411(b) for further
details, across the Missouri River shall
open on signal; except during the winter
season between the date of closure and
date of opening of the commercial
navigation season as published by the
Army Corps of Engineers, the draws
need not open unless at least 24-hours
advance notice is given.
Dated: December 11, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2015–32735 Filed 12–28–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
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.
VerDate Sep<11>2014
§ 117.687
Missouri River.
Jkt 238001
[Docket No. USCG–2015–0814]
RIN 1625–AA09
Drawbridge Operation Regulation;
Lake Pontchartrain, Slidell, LA
Coast Guard, DHS.
Interim rule with request for
comments.
AGENCY:
ACTION:
The Coast Guard is modifying
the method of operation for the Norfolk
SUMMARY:
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81181
Southern Railroad (Norfolk Southern or
NSRR) Bascule Bridge across Lake
Pontchartrain, mile 4.80, near Slidell,
St. Tammany Parish, Louisiana. The
bridge owner, Norfolk Southern,
requested in writing to operate the draw
of the bridge remotely. This interim rule
codifies the change in method of
operation and increases the efficiency of
railroad operations, allowing for the
operation of the draw from another
location, while allowing for comments
regarding remote operations during the
interim period.
DATES: This interim rule is effective
December 29, 2015.
Comments and related material must
reach the Coast Guard on or before
February 29, 2016.
ADDRESSES: You may submit comments
or view documents mentioned in this
preamble as being available in the
docket, go to https://
www.regulations.gov, type [USCG–
2015–0814]. in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this interim rule,
call or email Ms. Geri Robinson; Bridge
Administration Branch, Eighth Coast
Guard District; telephone 504–671–
2128, email geri.a.robinson@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code
NSRR Norfolk Southern Railroad
II. Background Information and
Regulatory History
The Coast Guard is issuing this
interim rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because there will be
no change to the operating schedule of
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the bridge. The modification for the
bridge owner to open the draw by
remote operation does not change the
existing operating schedule. This rule
will impose no new restrictions or
requirements on the mariner. Thus,
publishing an NPRM is impracticable as
mariners are not expected to experience
any changes in the operation of the
draw for the purposes of vessel passage.
Delaying this rule to provide for the
notice and comment period would also
unnecessarily delay the bridge owner in
transitioning to the more efficient
remote operation method. We are
requesting comments to this interim
rule to ensure participation in the
rulemaking based on real-time
experience while the draw operates
under the new remote operation
method.
We are issuing this rule and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective in less than 30 days after
publication in the Federal Register.
Delaying this rule to provide 30-day
notice is unnecessary as mariners will
experience no changes in transiting
through the bridge site. Making this rule
effective without providing 30-day
notice imposes no impact on the
mariner but allows for the bridge owner
to transition to the more efficient remote
operation method without unnecessary
delay.
jstallworth on DSK7TPTVN1PROD with RULES
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under the authority of 33 U.S.C. 499.
The Norfolk Southern Railroad Bascule
Bridge across Lake Pontchartrain at mile
4.80, near Slidell, St. Tammany Parish,
Louisiana, has a horizontal clearance of
151 feet between fenders and a vertical
clearance of 4.0 feet above Mean High
Water, elevation 2.0 feet Mean Sea Level
in the closed-to-navigation position. The
vertical clearance of the bascule bridge
in the open-to-navigation position is 68
feet for the full 151-foot horizontal
clearance and unlimited from the tip of
the bascule to the north fender system,
a distance of 106 feet. Currently, the
bridge opens on signal under 33 CFR
117.5.
In accordance with 33 CFR 117.42,
the District Commander may authorize
a drawbridge to operate under an
automated system or from a remote
location. The purpose of this rule is to
allow the draw of this bridge to operate
from a remote location. The draw will
continue to open on signal for the
passage of vessels, and mariners should
not experience any changes in the level
of service.
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15:24 Dec 28, 2015
Jkt 238001
IV. Discussion of the Rule
The Coast Guard, at the request of
Norfolk Southern, is changing the
method of operation for the Norfolk
Southern Railroad Bascule Bridge across
Lake Pontchartrain, mile 4.80, near
Slidell, St. Tammany Parish, Louisiana.
Due to the need for increased efficiency
in railroad operations, Norfolk Southern
requested a change to the method of
operating the draw from on-site to a
drawtender operating the bridge
remotely.
Presently, the draw is maintained in
the open-to-navigation position and
closed only for the passage of trains or
maintenance. The bridge owner would
like to operate the draw remotely using
a drawtender at another drawbridge in
Decatur, Alabama, rather than
maintaining the current on-site
operation and drawtender. The
implementation of this rule, in effect,
removes the requirement that a
drawtender be present on site at all
times.
Under the new remote operation
procedure, the draw will continue to be
maintained in the open-to-navigation
position and lowered only for the
passage of trains or for maintenance.
There will be no modifications to the
operation of the bridge as it relates to
the passage of vessels. Instead, this
change will allow the bridge owner to
increase efficiency of bridge operations
and vessel transit by including this
bridge in its current remote operation
procedures located in Decatur, AL.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and E.O.s, and we discuss First
Amendment rights of protesters.
A. Regulatory Planning and Review
E.O.s 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. E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under E.O. 12866. Accordingly,
it has not been reviewed by the Office
of Management and Budget.
This interim rule is not a significant
regulatory action because the draw will
be maintained in the open-to-navigation
position and when closed to pass trains
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it will continue to open on signal as
scheduled. Therefore, mariners will
experience no changes in transiting
through the bridge site. No new
restrictions on or actions from the
mariner are required by this rule.
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 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, because the draw
will be maintained in the open-tonavigation position and when closed to
pass trains it will continue to open on
signal as scheduled, no new restrictions
or responsibilities are imposed on the
mariner. Therefore, this rule will 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 calls for no new collection
of information under the Paperwork
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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 E.O. 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.
jstallworth on DSK7TPTVN1PROD with RULES
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
figure 2–1, paragraph (32)(e), of the
Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
VerDate Sep<11>2014
17:54 Dec 28, 2015
Jkt 238001
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.
VI. 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 https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this notice,
and all public comments, are in our
online docket at https://
www.regulations.gov and can be viewed
by following that Web site’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 amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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.
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81183
2. In § 117.467, redesignate paragraph
(b) as paragraph (c); and add new
paragraph (b) to read as follows:
■
§ 117.467
Lake Pontchartrain.
*
*
*
*
*
(b) The draw of the Norfolk Southern
Railroad Bridge across Lake
Pontchartrain, mile 4.80 near Slidell, St.
Tammany Parish, Louisiana shall be
maintained as follows:
(1) The draw shall be maintained in
the fully open-to-navigation position for
vessels at all times, except during
periods when it is closed for the passage
of rail traffic or to perform periodic
maintenance authorized in accordance
with subpart A of this part.
(2) The draw shall be remotely
operated by the drawtender at Norfolk
Southern’s drawbridge in Decatur,
Alabama. The estimated duration that
the bridge will remain closed for the
passage of rail traffic is 10 to 15 minutes
per operation.
(3) When a train approaches the
bridge, the drawtender will initiate the
bridge closing warning signal,
consisting of radio calls via VHF–FMchannels 13 and 16 and activation of
flashing red warning lights at each end
of the span. The radio calls will be
broadcast at five (5) minutes prior to
bridge closing and at two (2) minutes
prior to bridge closing. Photoelectric
(infrared) boat detectors will monitor
the waterway beneath the bridge for the
presence of vessels.
(4) The drawtender will continuously
monitor waterway traffic in the area
using closed-circuit cameras mounted
on the bridge. The draw will only be
closed if the drawtender’s visual
inspection indicates that the channel is
clear and there are no vessels transiting
in the area. The drawtender will
maintain constant surveillance of the
navigation channel to ensure that no
conflict with maritime traffic exists.
Additionally, the draw will not be
closed if the S11 bascule bridge that is
located immediately west of the railroad
bridge is in the open-to-navigation
position. If two or more closed-circuit
cameras are inoperable or if there is
inclement weather, the draw will only
be operated by a drawtender located on
site at the bridge.
(5) At the end of the two-minute
warning period, if no vessels have been
detected by the drawtender, the draw
closing sequence will automatically
proceed.
(6) Upon passage of the train, the
draw will be returned to the fully opento-navigation position to allow marine
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Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations
traffic to pass. The warning lights will
continue to flash red until the draw has
returned to the fully open-to-navigation
position at which time they will
deactivate.
(7) After the passage of each train, the
draw must be returned to its fully opento-navigation position.
(8) To request openings of the draw
when the bascule span is in the closedto-navigation position, mariners may
contact Norfolk Southern Railway via
VHF–FM channel 13 or by telephone at
the number displayed on the signs
posted at the bridge.
(9) The draw will be operated locally
if:
(i) Communication is lost between the
drawbridge and the drawtender in
Decatur, Alabama;
(ii) More than two closed-circuit
cameras are not working;
(iii) The marine radio is inoperable;
(iv) Weather conditions warrant; or
(v) Ordered by the Coast Guard.
*
*
*
*
*
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Steven M. Fischer, Bridge
Administrator, Thirteenth Coast Guard
District Bridge Program Office,
telephone 206–220–7282; email d13-pfd13bridges@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SNPRM Supplementary notice of proposed
rulemaking
§ Section
WSDOT Washington State Department of
Transportation
II. Background Information and
Regulatory History
[FR Doc. 2015–32736 Filed 12–28–15; 8:45 am]
On May 14, 2015, the Coast Guard
published a notice of proposed
rulemaking (NPRM) entitled
‘‘Drawbridge Operations: Duwamish
Waterway, Seattle, WA’’ in the Federal
Register (80 FR 27619). We received one
comment on the rule. No public meeting
was requested, and none was held.
BILLING CODE 9110–04–P
III. Legal Authority and Need for Rule
Dated: December 11, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0285]
RIN 1625–AA09
Drawbridge Operation Regulation;
Duwamish Waterway, Seattle, WA
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
South Park Highway Bridge, on the
Duwamish Waterway, mile 3.8, at
Seattle, WA. This modification revises
closure hours for the South Park
Highway Bridge. This action improves
movement of rush hour highway traffic
while having minimal impact to
maritime waterway traffic.
DATES: This rule is effective January 28,
2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2015–
0285 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
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Jkt 238001
The Coast Guard is issuing this rule
under authority 33 U.S.C 499. The
South Park Highway Bridge is a double
bascule leaf drawbridge, and provides
34.8 feet of vertical clearance at center
span while in the closed position, 30
feet of vertical clearance at the extreme
east and west ends of the navigable
channel, and unlimited vertical
clearance in the fully open position.
Vertical clearances are referenced to
mean high-water elevation (MHW).
Horizontal clearance is 128 feet. The
South Park Highway Bridge is subject to
tidal influence, and has at least 15 feet
of water depth at the bridge site at mean
lower low water.
The drawbridge operating regulations
at 33 CFR 117.1041(a) (2) currently
states that the South Park Highway
Bridge need not be opened for the
passage of vessels from 6:30 a.m. to 8:00
a.m. and 3:30 p.m. to 5 p.m., Monday
through Friday, except Federal holidays.
The current drawbridge operating
regulation was written to accommodate
commuter patterns associated with
morning and afternoon highway traffic
associated with Boeing Plant number 2
shift changes. As of 2011, this plant is
no longer operational and therefore
highway traffic densities have changed.
King County owns and operates the
South Park Highway Bridge, and
requested a permanent change to the
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existing operating regulation. The rule
modification will update drawbridge
closure times to better meet current
highway traffic demands. Modifying the
existing drawbridge regulation will
better meet the needs of current
highway users, and current commuter
traffic patterns, while meeting
reasonable needs to maritime
navigation. This modification improves
movement of rush hour highway traffic
while having minimal impact to
maritime waterway traffic.
Vessel traffic on the Duwamish
waterway consists of vessels ranging
from small pleasure craft, sailboats,
small tribal fishing boats, and
commercial tug and tow, and mega
yachts.
IV. Discussion of Comments, Changes
and the Final Rule
The Coast Guard received one
comment on the proposed operating
schedule change from Delta Marine
Industries. The rule change to the
existing South Park Highway Bridge
operating regulation would represent a
restriction on navigation related to Delta
Marine Industries’ business. Currently,
the closure hours of the 1st Avenue
South Bridge (6:00–9:00 a.m. and 3:00–
6:00 p.m., the same hours as now
proposed for the South Park Highway
Bridge) are the limiting factor for access
of large vessels between Delta Marine
Industries and Elliott Bay. With the
change to the closure hours for the
South Park Highway Bridge, vessels
arriving and departing Delta Marine
Industries would be delayed/impacted
based on a half hour transit time
between South Park Highway Bridge
and 1st Avenue South Bridge.
Delta Marine Industries agrees with
the concept of modifying the closure
hours for the South Park Highway
Bridge in a way that reflects current
usage. However, Delta Marine Industries
believes that matching the closure hours
for the South Park Highway Bridge to
those of the 1st Avenue South Bridge
does not accommodate the needs of
maritime users. Delta Marine Industries
proposed revising the closure hours for
the South Park Highway Bridge to 6:30–
8:30 a.m. and 3:30–5:30 p.m., Monday
through Friday except Federal holidays.
King County agreed with Delta Marine
Industries’ proposal.
Therefore, the Coast Guard is
modifying the drawbridge operating
regulations at 33 CFR 117.1041(a) (2).
The Coast Guard amends the opening
schedule such that the bridge need not
be opened for the passage of vessels
from 6:30 a.m. to 8:30 a.m. and 3:30
p.m. to 5:30 p.m., Monday through
Friday, except Federal holidays other
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]]>Agencies
[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81181-81184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32736]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2015-0814]
RIN 1625-AA09
Drawbridge Operation Regulation; Lake Pontchartrain, Slidell, LA
AGENCY: Coast Guard, DHS.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the method of operation for the
Norfolk Southern Railroad (Norfolk Southern or NSRR) Bascule Bridge
across Lake Pontchartrain, mile 4.80, near Slidell, St. Tammany Parish,
Louisiana. The bridge owner, Norfolk Southern, requested in writing to
operate the draw of the bridge remotely. This interim rule codifies the
change in method of operation and increases the efficiency of railroad
operations, allowing for the operation of the draw from another
location, while allowing for comments regarding remote operations
during the interim period.
DATES: This interim rule is effective December 29, 2015.
Comments and related material must reach the Coast Guard on or
before February 29, 2016.
ADDRESSES: You may submit comments or view documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov, type [USCG-2015-0814]. in the ``SEARCH'' box and
click ``SEARCH.'' Click on Open Docket Folder on the line associated
with this rulemaking.
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 interim
rule, call or email Ms. Geri Robinson; Bridge Administration Branch,
Eighth Coast Guard District; telephone 504-671-2128, email
geri.a.robinson@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code
NSRR Norfolk Southern Railroad
II. Background Information and Regulatory History
The Coast Guard is issuing this interim rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because there will be no change to the
operating schedule of
[[Page 81182]]
the bridge. The modification for the bridge owner to open the draw by
remote operation does not change the existing operating schedule. This
rule will impose no new restrictions or requirements on the mariner.
Thus, publishing an NPRM is impracticable as mariners are not expected
to experience any changes in the operation of the draw for the purposes
of vessel passage. Delaying this rule to provide for the notice and
comment period would also unnecessarily delay the bridge owner in
transitioning to the more efficient remote operation method. We are
requesting comments to this interim rule to ensure participation in the
rulemaking based on real-time experience while the draw operates under
the new remote operation method.
We are issuing this rule and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective in less than
30 days after publication in the Federal Register. Delaying this rule
to provide 30-day notice is unnecessary as mariners will experience no
changes in transiting through the bridge site. Making this rule
effective without providing 30-day notice imposes no impact on the
mariner but allows for the bridge owner to transition to the more
efficient remote operation method without unnecessary delay.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under the authority of 33
U.S.C. 499. The Norfolk Southern Railroad Bascule Bridge across Lake
Pontchartrain at mile 4.80, near Slidell, St. Tammany Parish,
Louisiana, has a horizontal clearance of 151 feet between fenders and a
vertical clearance of 4.0 feet above Mean High Water, elevation 2.0
feet Mean Sea Level in the closed-to-navigation position. The vertical
clearance of the bascule bridge in the open-to-navigation position is
68 feet for the full 151-foot horizontal clearance and unlimited from
the tip of the bascule to the north fender system, a distance of 106
feet. Currently, the bridge opens on signal under 33 CFR 117.5.
In accordance with 33 CFR 117.42, the District Commander may
authorize a drawbridge to operate under an automated system or from a
remote location. The purpose of this rule is to allow the draw of this
bridge to operate from a remote location. The draw will continue to
open on signal for the passage of vessels, and mariners should not
experience any changes in the level of service.
IV. Discussion of the Rule
The Coast Guard, at the request of Norfolk Southern, is changing
the method of operation for the Norfolk Southern Railroad Bascule
Bridge across Lake Pontchartrain, mile 4.80, near Slidell, St. Tammany
Parish, Louisiana. Due to the need for increased efficiency in railroad
operations, Norfolk Southern requested a change to the method of
operating the draw from on-site to a drawtender operating the bridge
remotely.
Presently, the draw is maintained in the open-to-navigation
position and closed only for the passage of trains or maintenance. The
bridge owner would like to operate the draw remotely using a drawtender
at another drawbridge in Decatur, Alabama, rather than maintaining the
current on-site operation and drawtender. The implementation of this
rule, in effect, removes the requirement that a drawtender be present
on site at all times.
Under the new remote operation procedure, the draw will continue to
be maintained in the open-to-navigation position and lowered only for
the passage of trains or for maintenance. There will be no
modifications to the operation of the bridge as it relates to the
passage of vessels. Instead, this change will allow the bridge owner to
increase efficiency of bridge operations and vessel transit by
including this bridge in its current remote operation procedures
located in Decatur, AL.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protesters.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This interim rule is not a significant regulatory action because
the draw will be maintained in the open-to-navigation position and when
closed to pass trains it will continue to open on signal as scheduled.
Therefore, mariners will experience no changes in transiting through
the bridge site. No new restrictions on or actions from the mariner are
required by this rule.
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 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, because the draw will be
maintained in the open-to-navigation position and when closed to pass
trains it will continue to open on signal as scheduled, no new
restrictions or responsibilities are imposed on the mariner. Therefore,
this rule will 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 calls for no new collection of information under the
Paperwork
[[Page 81183]]
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 E.O. 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 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 figure 2-1, paragraph (32)(e), of the
Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination 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.
VI. 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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this notice, and all public comments, are in
our online docket at https://www.regulations.gov and can be viewed by
following that Web site'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 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. In Sec. 117.467, redesignate paragraph (b) as paragraph (c); and
add new paragraph (b) to read as follows:
Sec. 117.467 Lake Pontchartrain.
* * * * *
(b) The draw of the Norfolk Southern Railroad Bridge across Lake
Pontchartrain, mile 4.80 near Slidell, St. Tammany Parish, Louisiana
shall be maintained as follows:
(1) The draw shall be maintained in the fully open-to-navigation
position for vessels at all times, except during periods when it is
closed for the passage of rail traffic or to perform periodic
maintenance authorized in accordance with subpart A of this part.
(2) The draw shall be remotely operated by the drawtender at
Norfolk Southern's drawbridge in Decatur, Alabama. The estimated
duration that the bridge will remain closed for the passage of rail
traffic is 10 to 15 minutes per operation.
(3) When a train approaches the bridge, the drawtender will
initiate the bridge closing warning signal, consisting of radio calls
via VHF-FM-channels 13 and 16 and activation of flashing red warning
lights at each end of the span. The radio calls will be broadcast at
five (5) minutes prior to bridge closing and at two (2) minutes prior
to bridge closing. Photoelectric (infrared) boat detectors will monitor
the waterway beneath the bridge for the presence of vessels.
(4) The drawtender will continuously monitor waterway traffic in
the area using closed-circuit cameras mounted on the bridge. The draw
will only be closed if the drawtender's visual inspection indicates
that the channel is clear and there are no vessels transiting in the
area. The drawtender will maintain constant surveillance of the
navigation channel to ensure that no conflict with maritime traffic
exists. Additionally, the draw will not be closed if the S11 bascule
bridge that is located immediately west of the railroad bridge is in
the open-to-navigation position. If two or more closed-circuit cameras
are inoperable or if there is inclement weather, the draw will only be
operated by a drawtender located on site at the bridge.
(5) At the end of the two-minute warning period, if no vessels have
been detected by the drawtender, the draw closing sequence will
automatically proceed.
(6) Upon passage of the train, the draw will be returned to the
fully open-to-navigation position to allow marine
[[Page 81184]]
traffic to pass. The warning lights will continue to flash red until
the draw has returned to the fully open-to-navigation position at which
time they will deactivate.
(7) After the passage of each train, the draw must be returned to
its fully open-to-navigation position.
(8) To request openings of the draw when the bascule span is in the
closed-to-navigation position, mariners may contact Norfolk Southern
Railway via VHF-FM channel 13 or by telephone at the number displayed
on the signs posted at the bridge.
(9) The draw will be operated locally if:
(i) Communication is lost between the drawbridge and the drawtender
in Decatur, Alabama;
(ii) More than two closed-circuit cameras are not working;
(iii) The marine radio is inoperable;
(iv) Weather conditions warrant; or
(v) Ordered by the Coast Guard.
* * * * *
Dated: December 11, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-32736 Filed 12-28-15; 8:45 am]
BILLING CODE 9110-04-P
