[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Rules and Regulations]
[Pages 11434-11435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04827]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0952]
RIN 1625-AA09
Drawbridge Operation Regulation; Victoria Barge Canal,
Bloomington, TX
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the method of operation for the
Victoria Barge Canal Railroad Bridge (``bridge'') across the Victoria
Barge Canal, mile 29.4, at Bloomington, Victoria County, Texas. This
final rule makes permanent the change in method of operation to allow
the bridge owner to operate the bridge remotely from a dispatching
center in Spring, Texas. This final rule increases the efficiency of
operations while allowing for the safe navigation of vessels through
the bridge.
DATES: This rule is effective March 4, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type [USCG-
2014-0952]. 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 Ms. Geri Robinson; Bridge Administration Branch, Coast
Guard; telephone 504-671-2128, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 30, 2014, we published a temporary deviation from
regulations; request for comments (TD) entitled ``Drawbridge Operation
Regulation; Victoria Barge Canal, Bloomington, Texas'' in the Federal
Register (79 FR 78304). We received no comments on this temporary
deviation. No public meeting was requested, and none was held. However,
a contractor raised an issue regarding the requirements of dispatchers
to contact the vessels when a vessel entered the two-mile bridge zone.
In response to this concern, the Coast Guard decided that prior to
issuance of a final rule, further comments would be accepted under an
interim rule.
On July 10, 2015, the Coast Guard published an interim rule with
request for comments entitled ``Drawbridge Operation Regulation;
Victoria Barge Canal, Bloomington, Texas'' in the Federal Register (80
FR 39683). The interim rule allowed mariners to continue transit while
the bridge was being remotely operated and comment as to whether the
proposed method of operation was sufficient to ensure the safety of
vessels transiting the area. We did not receive any comments on the
interim rule. No public meeting was requested, and none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The bridge owner, the Victoria County Navigation District, in
conjunction with the Union Pacific Railroad (UPRR) requested permission
to remotely operate the Victoria Barge Canal Railroad Bridge across the
Victoria Barge Canal, mile 29.4 at Bloomington, Victoria County, Texas.
Traffic on the waterway consists of commercial traffic--primarily
vessels and tows providing services to the Port of Victoria, and no
reported recreational traffic transits the waterway. The vertical lift
bridge has a vertical clearance of 22 feet above high water in the
closed-to-navigation position and 50 feet above high water in the open-
to-navigation position.
Presently, the bridge opens on signal for the passage of vessels in
accordance with 33 CFR 117.991. Under the Temporary Deviation published
on December 30, 2014, and the interim rule published on July 10, 2015,
this bridge has been remotely operated for the past year and mariners
will not notice any changes to the ongoing method of operation of the
bridge.
This final rule allows all vessels utilizing this stretch of the
waterway to continue to transit the waterway unencumbered while
providing for the bridge owner to operate the bridge from a remote
location. Vessel operators should not see any changes in the efficiency
of vessel movements as the bridge will still be required to open on
signal for the passage of vessels.
IV. Discussion of Comments, Changes and the Final Rule
As discussed above, a temporary deviation was published on December
30, 2014, and an interim rule was published on July 10, 2015. The Coast
Guard provided separate 60-day comment periods for the temporary
deviation and the interim rule. No comments were received and no
changes to the final rule have been made.
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 regulatory action determination is based on the ability that
vessels can still transit the bridge. This final rule allows all
vessels utilizing this stretch of the waterway to continue to transit
the waterway unencumbered while providing for the bridge owner to
operate the bridge from a remote location. Vessel operators should not
see any changes in the efficiency of vessel movements as the bridge
will still be required to open on signal for the passage of vessels.
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
[[Page 11435]]
under 5 U.S.C. 605(b) that this rule will not have a significant
economic impact on a substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: The property owners, vessel operators and waterway
users who wish to transit on Victoria Barge Canal daily. However, this
rule will not have a significant impact on a substantial number of
small entities for the following reasons: A test deviation was
conducted and an interim rule was published and no opposition in
response to the test or interim rule was received by the Coast Guard
Office of Bridge Administration. Further, through pre-coordination and
consultation with property owners, vessel operators and waterway users,
this operating schedule accommodates all waterway users with minimal
impact.
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 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 (Public Law 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 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.
List of Subjects in 33 CFR Part 117
Bridges.
PART 117--DRAWBRIDGE OPERATION REGULATIONS
For the reasons discussed in the preamble, the interim rule
amending 33 CFR part 117 that published at 80 FR 39683 on July 10,
2015, is adopted as a final rule without change.
Dated: February 19, 2016.
David R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2016-04827 Filed 3-3-16; 8:45 am]
BILLING CODE 9110-04-P