83_FR_28905 83 FR 28785 - Drawbridge Operation Regulation; Red River, Shreveport, LA

83 FR 28785 - Drawbridge Operation Regulation; Red River, Shreveport, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 120 (June 21, 2018)

Page Range28785-28787
FR Document2018-13321

The Coast Guard proposes to change 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 proposed rule would allow the drawbridges to permanently remain in the closed-to-navigation position, no longer opening for vessel traffic. While there is vessel traffic on the waterway, no one has requested that either drawbridge open since 2007. Union Pacific Railroad and Midsouth Railroad, the bridge owners, requested to update the operating schedule accordingly.

Federal Register, Volume 83 Issue 120 (Thursday, June 21, 2018)
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28785-28787]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13321]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / 
Proposed Rules

[[Page 28785]]



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: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to change 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 proposed rule would allow the drawbridges to 
permanently remain in the closed-to-navigation position, no longer 
opening for vessel traffic. While there is vessel traffic on the 
waterway, no one has requested that either drawbridge open since 2007. 
Union Pacific Railroad and Midsouth Railroad, the bridge owners, 
requested to update the operating schedule accordingly.

DATES: Comments and related material must reach the Coast Guard on or 
before July 23, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0911 using Federal eRulemaking Portal at http://www.regulations.gov. 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 proposed 
rule, call or email Mr. Eric A. Washburn, Bridge Administrator, Western 
Rivers, U.S. 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, Purpose and Legal Basis

    The Coast Guard proposes to change 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. The Red River extends approximately 294.0 miles from 
mile marker 304.0 on the Lower Mississippi River to Shreveport, LA, 
then through Twelve Mile and Cypress Bayous to its head of navigation 
near Daingerfield, TX. Regulations for the operation of drawbridges on 
the Red River are contained in 33 CFR 117.491. The Union Pacific 
Railroad bridge, mile 227.0, and the Midsouth Railroad bridge, mile 
228.2, are currently the only bridges governed by the regulations in 33 
CFR 117.491(c), which state that, ``the draws of the bridges above mile 
105.8 through mile 234.4 shall open on signal if at least 48 hours 
notice is given.''
    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, 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 proposed rule is reasonable, and if implemented, 
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 proposed change will have no known 
impact to navigation or other waterway users. The Coast Guard proposes 
this rulemaking under authority of 33 U.S.C. 499.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.491(c), which governs 
the operating schedule of the draws of the Union Pacific Railroad 
bridge, mile marker (MM) 227.0 and the Midsouth Railroad bridge, MM 
228.2, across the Red River at Shreveport, LA. The regulation currently 
requires the draws of the bridges above mile 105.8 through mile 234.4 
to open on signal if at least 48 hours' notice is given. This proposed 
rule would allow the bridges to remain closed to the passage of 
vessels. However, pursuant to 33 CFR 117.39, this rulemaking would 
include a provision that requires the owner or agency controlling the 
bridge to the draw to full operation within three months if the 
District Commander provides a notification that needs of navigation 
require resumed operation of the spans. The regulatory text and changes 
we are proposing appear at the end of this document.

[[Page 28786]]

IV. Regulatory Analyses

    We developed this proposed 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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 
these drawbridges do not currently open for the passage of vessels due 
to the lack of navigation on the river. The last recorded opening of 
the drawbridges was in 2007. Consultation with the bridge owners 
indicated that currently no bridge tender positions are assigned to the 
bridges.

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 
proposed 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 IV.A. above, this proposed rule would not 
have a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed 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 proposed 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 proposed 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary 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 proposed rule involves changing 
the operating schedule that governs the draws of two bridges on the Red 
River near Shreveport, LA to remain permanently closed to navigation. 
Normally such actions are categorically excluded from further review, 
under paragraph L49 of Appendix A, Table 1 of DHS Instruction Manual 
023-01-001-01, Rev. 01. A preliminary Record of Environmental 
Consideration is not required for this proposed rule. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. 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.

[[Page 28787]]

    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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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 proposes 
to amend 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.  117.491, revise 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: June 12, 2018.
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-13321 Filed 6-20-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                                                                                                                                  28785

                                                Proposed Rules                                                                                                 Federal Register
                                                                                                                                                               Vol. 83, No. 120

                                                                                                                                                               Thursday, June 21, 2018



                                                This section of the FEDERAL REGISTER                    I. Table of Abbreviations                                Midsouth Railroad owns the
                                                contains notices to the public of the proposed                                                                 Midsouth Railroad bridge, mile 228.2,
                                                                                                        CFR Code of Federal Regulations
                                                issuance of rules and regulations. The                                                                         across the Red River at Shreveport, LA,
                                                                                                        DHS Department of Homeland Security
                                                purpose of these notices is to give interested                                                                 and has also requested that the
                                                                                                        FR Federal Register
                                                persons an opportunity to participate in the
                                                                                                        NPRM Notice of proposed rulemaking                     drawbridge remain in the permanently
                                                rule making prior to the adoption of the final          § Section                                              closed position. Midsouth Railroad
                                                rules.                                                  U.S.C. United States Code                              provided the Coast Guard with bridge
                                                                                                        II. Background, Purpose and Legal                      logs that indicate that there has been no
                                                DEPARTMENT OF HOMELAND                                  Basis                                                  request for a bridge opening since 2007.
                                                SECURITY                                                                                                       In the closed position, the Midsouth
                                                                                                           The Coast Guard proposes to change
                                                                                                                                                               Railroad bridge, mile 228.2, provides
                                                Coast Guard                                             the operating schedule that governs the
                                                                                                        draws of the Union Pacific Railroad                    37.0 feet of vertical clearance at mean
                                                                                                        bridge, mile 227.0, and the Midsouth                   high water.
                                                33 CFR Part 117                                                                                                  Under 33 CFR 117.39, the District
                                                                                                        Railroad bridge, mile 228.2, across the
                                                                                                        Red River at Shreveport, LA. The Red                   Commander may authorize a
                                                [Docket No. USCG–2017–0911]                             River extends approximately 294.0                      drawbridge to remain in the closed to
                                                                                                        miles from mile marker 304.0 on the                    navigation position and be untended
                                                RIN 1625–AA09                                           Lower Mississippi River to Shreveport,                 when there have been no requests for
                                                                                                        LA, then through Twelve Mile and                       drawbridge openings for two years. Due
                                                Drawbridge Operation Regulation; Red                    Cypress Bayous to its head of navigation               to the lack of significant navigation on
                                                River, Shreveport, LA                                   near Daingerfield, TX. Regulations for                 this portion of the Red River that
                                                                                                        the operation of drawbridges on the Red                requires draws to open and the fact that
                                                AGENCY:   Coast Guard, DHS.
                                                                                                        River are contained in 33 CFR 117.491.                 there has been no request to open the
                                                ACTION:   Notice of proposed rulemaking.                The Union Pacific Railroad bridge, mile                draws in over ten years, the Coast Guard
                                                                                                        227.0, and the Midsouth Railroad                       believes that this proposed rule is
                                                SUMMARY:   The Coast Guard proposes to
                                                                                                        bridge, mile 228.2, are currently the                  reasonable, and if implemented, should
                                                change the operating schedule that
                                                                                                        only bridges governed by the regulations               continue to meet the present and future
                                                governs the draws of the Union Pacific
                                                                                                        in 33 CFR 117.491(c), which state that,                needs of navigation. Based on the
                                                Railroad bridge, mile 227.0, and the
                                                                                                        ‘‘the draws of the bridges above mile                  records provided by Union Pacific
                                                Midsouth Railroad bridge, mile 228.2,
                                                                                                        105.8 through mile 234.4 shall open on                 Railroad and Midsouth Railroad, it is
                                                across the Red River at Shreveport, LA.
                                                                                                        signal if at least 48 hours notice is                  expected that the proposed change will
                                                This proposed rule would allow the
                                                                                                        given.’’                                               have no known impact to navigation or
                                                drawbridges to permanently remain in                       Navigation on the Red River in the
                                                the closed-to-navigation position, no                                                                          other waterway users. The Coast Guard
                                                                                                        vicinity of these bridges consists                     proposes this rulemaking under
                                                longer opening for vessel traffic. While                primarily of recreational craft, and
                                                there is vessel traffic on the waterway,                                                                       authority of 33 U.S.C. 499.
                                                                                                        commercial use of the waterway is only
                                                no one has requested that either                        possible during periods of high water.                 III. Discussion of Proposed Rule
                                                drawbridge open since 2007. Union                       Moreover, the U.S. Army Corps of
                                                Pacific Railroad and Midsouth Railroad,                 Engineers does not maintain any project                  The Coast Guard proposes to amend
                                                the bridge owners, requested to update                  depth or navigable channel on this                     33 CFR 117.491(c), which governs the
                                                the operating schedule accordingly.                     reach of the Red River, nor does the U.S.              operating schedule of the draws of the
                                                DATES: Comments and related material                    Coast Guard maintain any aids to                       Union Pacific Railroad bridge, mile
                                                must reach the Coast Guard on or before                 navigation above mile 211.4. Under 33                  marker (MM) 227.0 and the Midsouth
                                                July 23, 2018.                                          CFR 117.491(d), the bridges above mile                 Railroad bridge, MM 228.2, across the
                                                ADDRESSES: You may submit comments                      234.4 need not open for the passage of                 Red River at Shreveport, LA. The
                                                identified by docket number USCG–                       vessels. There are no alternate routes for             regulation currently requires the draws
                                                2017–0911 using Federal eRulemaking                     vessels transiting this section of the Red             of the bridges above mile 105.8 through
                                                Portal at http://www.regulations.gov.                   River.                                                 mile 234.4 to open on signal if at least
                                                See the ‘‘Public Participation and                         Union Pacific Railroad owns the                     48 hours’ notice is given. This proposed
                                                Request for Comments’’ portion of the                   Union Pacific Railroad bridge, mile                    rule would allow the bridges to remain
                                                SUPPLEMENTARY INFORMATION section                       227.0, across the Red River at                         closed to the passage of vessels.
                                                below for instructions on submitting                    Shreveport, LA, and has requested that                 However, pursuant to 33 CFR 117.39,
                                                comments.                                               the drawbridge regulation be amended                   this rulemaking would include a
                                                                                                        to allow the bridge to remain in the                   provision that requires the owner or
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                                                FOR FURTHER INFORMATION CONTACT:  If                    permanently closed position. Union                     agency controlling the bridge to the
                                                you have questions on this proposed                     Pacific provided the Coast Guard with                  draw to full operation within three
                                                rule, call or email Mr. Eric A.                         bridge logs that indicate that there has               months if the District Commander
                                                Washburn, Bridge Administrator,                         been no request for a bridge opening                   provides a notification that needs of
                                                Western Rivers, U.S. Coast Guard;                       since 2007. In the closed position, the                navigation require resumed operation of
                                                telephone 314–269–2378, email                           Union Pacific Railroad bridge, mile                    the spans. The regulatory text and
                                                Eric.Washburn@uscg.mil.                                 227.0, provides 15.1 feet of vertical                  changes we are proposing appear at the
                                                SUPPLEMENTARY INFORMATION:                              clearance at mean high water.                          end of this document.


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                                                28786                   Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules

                                                IV. Regulatory Analyses                                 qualifies and how and to what degree                   proposed rule will not result in such an
                                                  We developed this proposed rule after                 this rule would economically affect it.                expenditure, we do discuss the effects of
                                                                                                           Under section 213(a) of the Small                   this proposed rule elsewhere in this
                                                considering numerous statutes and
                                                                                                        Business Regulatory Enforcement                        preamble.
                                                Executive Orders related to rulemaking.
                                                                                                        Fairness Act of 1996 (Pub. L. 104–121),
                                                Below we summarize our analyses                                                                                F. Environment
                                                                                                        we want to assist small entities in
                                                based on these statutes and Executive                                                                            We have analyzed this proposed rule
                                                                                                        understanding this proposed rule. If the
                                                Orders and we discuss First                                                                                    under Department of Homeland
                                                                                                        rule would affect your small business,
                                                Amendment rights of protestors.                                                                                Security Management Directive 023–01
                                                                                                        organization, or governmental
                                                A. Regulatory Planning and Review                       jurisdiction and you have questions                    and Commandant Instruction
                                                                                                        concerning its provisions or options for               M16475.lD, which guide the Coast
                                                   Executive Orders 12866 and 13563                                                                            Guard in complying with the National
                                                direct agencies to assess the costs and                 compliance, please contact the person
                                                                                                        listed in the FOR FURTHER INFORMATION                  Environmental Policy Act of 1969 (42
                                                benefits of available regulatory                                                                               U.S.C. 4321–4370f), and have made a
                                                                                                        CONTACT, above. The Coast Guard will
                                                alternatives and, if regulation is                                                                             preliminary determination that this
                                                necessary, to select regulatory                         not retaliate against small entities that
                                                                                                        question or complain about this                        action is one of a category of actions that
                                                approaches that maximize net benefits.                                                                         do not individually or cumulatively
                                                Executive Order 13771 directs agencies                  proposed rule or any policy or action of
                                                                                                        the Coast Guard.                                       have a significant effect on the human
                                                to control regulatory costs through a                                                                          environment. This proposed rule
                                                budgeting process. This NPRM has not                    C. Collection of Information                           involves changing the operating
                                                been designated a ‘‘significant                           This proposed rule would call for no                 schedule that governs the draws of two
                                                regulatory action,’’ under Executive                    new collection of information under the                bridges on the Red River near
                                                Order 12866. Accordingly, the NPRM                      Paperwork Reduction Act of 1995 (44                    Shreveport, LA to remain permanently
                                                has not been reviewed by the Office of                  U.S.C. 3501–3520).                                     closed to navigation. Normally such
                                                Management and Budget (OMB) and                                                                                actions are categorically excluded from
                                                pursuant to OMB guidance it is exempt                   D. Federalism and Indian Tribal
                                                                                                                                                               further review, under paragraph L49 of
                                                from the requirements of Executive                      Government
                                                                                                                                                               Appendix A, Table 1 of DHS Instruction
                                                Order 13771.                                               A rule has implications for federalism              Manual 023–01–001–01, Rev. 01. A
                                                   This regulatory action determination                 under Executive Order 13132,                           preliminary Record of Environmental
                                                is based on the fact that these                         Federalism, if it has a substantial direct             Consideration is not required for this
                                                drawbridges do not currently open for                   effect on the States, on the relationship              proposed rule. We seek any comments
                                                the passage of vessels due to the lack of               between the national government and                    or information that may lead to the
                                                navigation on the river. The last                       the States, or on the distribution of                  discovery of a significant environmental
                                                recorded opening of the drawbridges                     power and responsibilities among the                   impact from this proposed rule.
                                                was in 2007. Consultation with the                      various levels of government. We have
                                                bridge owners indicated that currently                  analyzed this proposed rule under that                 G. Protest Activities
                                                no bridge tender positions are assigned                 Order and have determined that it is                     The Coast Guard respects the First
                                                to the bridges.                                         consistent with the fundamental                        Amendment rights of protesters.
                                                B. Impact on Small Entities                             federalism principles and preemption                   Protesters are asked to contact the
                                                                                                        requirements described in Executive                    person listed in the FOR FURTHER
                                                   The Regulatory Flexibility Act of 1980               Order 13132.                                           INFORMATION CONTACT section to
                                                (RFA), 5 U.S.C. 601–612, as amended,                       Also, this proposed rule does not have              coordinate protest activities so that your
                                                requires federal agencies to consider the               tribal implications under Executive                    message can be received without
                                                potential impact of regulations on small                Order 13175, Consultation and                          jeopardizing the safety or security of
                                                entities during rulemaking. The term                    Coordination with Indian Tribal                        people, places or vessels.
                                                ‘‘small entities’’ comprises small                      Governments, because it would not have
                                                businesses, not-for-profit organizations                a substantial direct effect on one or                  V. Public Participation and Request for
                                                that are independently owned and                        more Indian tribes, on the relationship                Comments
                                                operated and are not dominant in their                  between the Federal Government and                        We view public participation as
                                                fields, and governmental jurisdictions                  Indian tribes, or on the distribution of               essential to effective rulemaking, and
                                                with populations of less than 50,000.                   power and responsibilities between the                 will consider all comments and material
                                                The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                  received during the comment period.
                                                605(b) that this proposed rule would not                If you believe this proposed rule has                  Your comment can help shape the
                                                have a significant economic impact on                   implications for federalism or Indian                  outcome of this rulemaking. If you
                                                a substantial number of small entities.                 tribes, please contact the person listed               submit a comment, please include the
                                                While some owners or operators of                       in the FOR FURTHER INFORMATION                         docket number for this rulemaking,
                                                vessels intending to transit the bridge                 CONTACT section above.                                 indicate the specific section of this
                                                may be small entities, for the reasons                                                                         document to which each comment
                                                stated in section IV.A. above, this                     E. Unfunded Mandates Reform Act                        applies, and provide a reason for each
                                                proposed rule would not have a                            The Unfunded Mandates Reform Act                     suggestion or recommendation.
                                                significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                     We encourage you to submit
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                                                vessel owner or operator.                               Federal agencies to assess the effects of              comments through the Federal
                                                   If you think that your business,                     their discretionary regulatory actions. In             eRulemaking Portal at http://
                                                organization, or governmental                           particular, the Act addresses actions                  www.regulations.gov. If your material
                                                jurisdiction qualifies as a small entity                that may result in the expenditure by a                cannot be submitted using http://
                                                and that this rule would have a                         State, local, or tribal government, in the             www.regulations.gov, contact the person
                                                significant economic impact on it,                      aggregate, or by the private sector of                 in the FOR FURTHER INFORMATION
                                                please submit a comment (see                            $100,000,000 (adjusted for inflation) or               CONTACT section of this document for
                                                ADDRESSES) explaining why you think it                  more in any one year. Though this                      alternate instructions.


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                                                                         Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules                                            28787

                                                  We accept anonymous comments. All                     ACTION:   Notice of proposed rulemaking.               scheduled event. The Coast Guard
                                                comments received will be posted                                                                               proposes this rulemaking under
                                                without change to http://                               SUMMARY:    The Coast Guard proposes to                authority in 33 U.S.C. 1231.
                                                www.regulations.gov and will include                    establish a temporary safety zone on the
                                                                                                        waters of the Beaufort River in Beaufort,              III. Discussion of Proposed Rule
                                                any personal information you have
                                                provided. For more about privacy and                    SC. The safety zone is needed to ensure                   The COTP proposes to establish a
                                                the docket, visit http://                               safety of life on navigable waters of the              safety zone from 12 p.m. until 5 p.m. on
                                                www.regulations.gov/privacynotice.                      United States during the Beaufort Water                July 21, 2018. The safety zone would
                                                  Documents mentioned in this NPRM                      Festival Air Show. This proposed                       encompass a portion of the waterway
                                                as being available in this docket and all               regulation will prohibit persons and                   that is 700 feet wide by 2600 feet in
                                                public comments, will be in our online                  vessels from entering, transiting                      length on the waters of the Beaufort
                                                docket at http://www.regulations.gov                    through, anchoring in, or remaining                    River in Beaufort, SC. No vessel or
                                                and can be viewed by following that                     within the regulated area unless                       person would be permitted to enter,
                                                website’s instructions. Additionally, if                authorized by the Captain of the Port                  transit through, anchor in, or remain
                                                you go to the online docket and sign up                 Charleston (COTP) or a designated                      within the safety zone without obtaining
                                                for email alerts, you will be notified                  representative. We invite your                         permission from the COTP or a
                                                when comments are posted or a final                     comments on this proposed rulemaking.                  designated representative. The Coast
                                                rule is published.                                      DATES: Comments and related material                   Guard would provide notice of the
                                                                                                        must be received by the Coast Guard on                 safety zone by Local Notice to Mariners,
                                                List of Subjects in 33 CFR Part 117                     or before July 23, 2018.                               Broadcast Notice to Mariners, and on-
                                                  Bridges.                                              ADDRESSES: You may submit comments                     scene designated representatives. The
                                                  For the reasons discussed in the                      identified by docket number USCG–                      regulatory text we are proposing appears
                                                preamble, the Coast Guard proposes to                   2018–0463 using the Federal                            at the end of this document.
                                                amend 33 CFR part 117 as follows:                       eRulemaking Portal at http://                          IV. Regulatory Analyses
                                                                                                        www.regulations.gov. See the ‘‘Public
                                                PART 117—DRAWBRIDGE                                     Participation and Request for                            We developed this proposed rule after
                                                OPERATION REGULATIONS                                   Comments’’ portion of the                              considering numerous statutes and
                                                                                                        SUPPLEMENTARY INFORMATION section for                  Executive orders related to rulemaking.
                                                ■ 1. The authority citation for part 117                                                                       Below we summarize our analyses
                                                                                                        further instructions on submitting
                                                continues to read as follows:                                                                                  based on a number of these statutes and
                                                                                                        comments.
                                                  Authority: 33 U.S.C. 499; 33 CFR 1.05–1;                                                                     Executive orders and we discuss First
                                                Department of Homeland Security Delegation              FOR FURTHER INFORMATION CONTACT: If                    Amendment rights of protestors.
                                                No. 0170.1.                                             you have questions about this proposed
                                                                                                        rulemaking, call or email Lieutenant                   A. Regulatory Planning and Review
                                                ■ 2. In § 117.491, revise paragraph (c) to              Justin Heck, Sector Charleston Office of
                                                read as follows:                                                                                                  Executive Orders 12866 and 13563
                                                                                                        Waterways Management, Coast Guard;                     direct agencies to assess the costs and
                                                § 117.491    Red River.                                 telephone (843) 740–3184, email                        benefits of available regulatory
                                                *     *     *    *     *                                Justin.C.Heck@uscg.mil.                                alternatives and, if regulation is
                                                  (c) The draws of the bridges above                    SUPPLEMENTARY INFORMATION:                             necessary, to select regulatory
                                                mile 105.8 through mile 234.4 need not                                                                         approaches that maximize net benefits.
                                                                                                        I. Table of Abbreviations
                                                open for passage of vessels. The owner                                                                         Executive Order 13771 directs agencies
                                                or agency controlling the bridge must                   CFR Code of Federal Regulations                        to control regulatory costs through a
                                                restore the draw to full operation within               DHS Department of Homeland Security                    budgeting process. This NPRM has not
                                                three months if notified by the District                FR Federal Register                                    been designated a ‘‘significant
                                                Commander that the needs of navigation                  NPRM Notice of proposed rulemaking                     regulatory action,’’ under Executive
                                                require resumed operation of the spans.                 Pub. L. Public Law                                     Order 12866. Accordingly, the NPRM
                                                                                                        § Section                                              has not been reviewed by the Office of
                                                *     *     *    *     *                                U.S.C. United States Code                              Management and Budget (OMB), and
                                                  Dated: June 12, 2018.                                 COTP Captain of the Port
                                                                                                                                                               pursuant to OMB guidance it is exempt
                                                P.F. Thomas,                                                                                                   from the requirements of Executive
                                                Rear Admiral, U.S. Coast Guard, Commander,              II. Background, Purpose, and Legal
                                                                                                                                                               Order 13771.
                                                Eighth Coast Guard District.                            Basis
                                                                                                                                                                  This regulatory action determination
                                                [FR Doc. 2018–13321 Filed 6–20–18; 8:45 am]                On April 27, 2018, the Coast Guard                  is based on the size, location, duration,
                                                BILLING CODE 9110–04–P                                  received a marine event application for                and time-of-day of the safety zone. The
                                                                                                        the 2018 Beaufort Water Festival Air                   safety zone will only be enforced for 5
                                                                                                        Show that will take place from 12 p.m.                 hours, vessel traffic will be able to safely
                                                DEPARTMENT OF HOMELAND                                  until 5 p.m. on July 21, 2018. The safety              operate in the surrounding area during
                                                SECURITY                                                zone is necessary to ensure the safety of              the enforcement period, and the rule
                                                                                                        life on the navigable waters of the                    will allow vessels to seek permission to
                                                Coast Guard                                             United States during the Beaufort Water                enter the zone. Moreover, the Coast
                                                                                                        Festival Air Show. The COTP has                        Guard will provide advance notification
amozie on DSK3GDR082PROD with PROPOSALS1




                                                33 CFR Part 165                                         determined that potential hazards                      of the safety zone to the local maritime
                                                [Docket Number USCG–2018–0463]                          associated with the airshow would be a                 community by Local Notice to Mariners
                                                                                                        safety concern for anyone within the                   and Broadcast Notice to Mariners via
                                                RIN 1625–AA00                                           regulated area.                                        VHF–FM marine channel 16.
                                                                                                           The purpose of this rulemaking is to
                                                Safety Zone; Beaufort Water Festival                                                                           B. Impact on Small Entities
                                                                                                        ensure the safety of vessels and the
                                                Air Show, Beaufort, SC
                                                                                                        navigable waters within the regulated                    The Regulatory Flexibility Act of
                                                AGENCY:     Coast Guard, DHS.                           area before, during, and after the                     1980, 5 U.S.C. 601–612, as amended,


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Document Created: 2018-06-21 01:23:24
Document Modified: 2018-06-21 01:23:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before July 23, 2018.
ContactIf you have questions on this proposed rule, call or email Mr. Eric A. Washburn, Bridge Administrator, Western Rivers, U.S. Coast Guard; telephone 314-269-2378, email [email protected]
FR Citation83 FR 28785 
RIN Number1625-AA09

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