[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]
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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.
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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 http://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
[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
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 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, 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 http://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