SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations

DHS Department of Homeland Security

FR Federal Register

OMB Office of Management and Budget

NPRM Notice of Proposed Rulemaking (Advance, Supplemental)

§ Section

U.S.C. United States Code

II. Background, Purpose and Legal Basis

The Union Pacific Railroad (UPRR) drawbridge crosses the San Bernard River, mile 20.7, near Brazoria, TX. The bridge is currently operated by a bridge tender at the site of the drawbridge and opens on signal; except that, from 10 a.m. to 2 p.m. and 10 p.m. to 2 a.m., the draw shall open on signal if at least three hours notice is given. The proposed rule will have the bridge open on signal and be operated at a remote located at the UPRR Train Dispatch Center located in Spring, TX. This bridge at mean high water has a vertical clearance of 2 feet in the closed to boat position, a vertical clearance of 19 feet in the open to boat position and a 50 foot horizontal clearance. The bridge operates according to 33 CFR 117.984.

UPRR has requested to operate this drawbridge from their railroad dispatch center located in Spring, TX. UPRR has installed a remote operation system at the bridge and at the remote control center in Spring, TX. UPRR has installed 8 cameras and microwave sensors on the bridge. 2 cameras have been installed on each tower that view upriver and downriver from the bridge, and along the train tracks. There are 4 cameras that view under the bridge but can be directed to look both upriver and downriver. Each camera has thermal imaging capability which will improve boat detection during periods of inclement weather. 2 sets of microwave sensors have been installed below the bridge to identify boats under the bridge. Communications. Boats can call a telephone number (sign posted on the bridge) or use VHF-FM Channel 10 to contact the dispatcher. The remote control station monitors the cameras, microwave sensors and communications with boats with a VHF-Fm radio and telephone.

This part of the San Bernard River is used by recreational fisherman, other small boats and small tows and barges. The bridge opens for vessels about once a day. Vessels that do not need the bridge to open may pass beneath the bridge.

III. Discussion of Proposed Rule

33 CFR 117.42 establishes Coast Guard drawbridge regulations to operate a drawbridge from a remote location and authorizes the Coast Guard District Commander to approve or not approve operations from a remote site. The bridge is currently operated by a bridge tender at the site of the drawbridge and opens on signal; except that, from 10 a.m. to 2 p.m. and 10 p.m. to 2 a.m., the draw shall open on signal if at least three hours notice is given. The bridge operates according to 33 CFR 117.984. This proposed rule will change the operating schedule to be operated by a bridge tender at Spring, TX. Mariners requiring an opening may do so by contacting the UPRR remote bridge tender on VHF-FM Channel 10 or by the phone number posted at the bridge.

This proposed rule requires UPRR to place and keep the draw in the open-to-boat when any part of the remote system fails, communications between a boat and the bridge operator fail, weather prevents the remote operator from identifying boats and vessels, safety, security and procedural systems of any kind fail and at the direction of the Coast Guard. The draw will be allowed to open and close again when UPRR provides a bridge operator at the bridge location or the failure has been corrected. Returning the bridge to remote operations will require the approval of the Coast Guard.

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.

A. Impact on Small Entities

The Regulatory Flexibility Act of 1980, 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 for the following reasons. This regulatory action determination is based on the ability that vessels can still transit the bridge given notice.

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 proposed 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 section. 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.

B. 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.).

C. Federalism and Indian Tribal Governments

A rule has implications for federalism under Executive Order 13132 (Federalism), if it has a substantial ( printed page 51115) 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.

D. 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.

E. Environment

We have analyzed this rule under Department of Homeland Security Management Directive 023-01, Rev.1, associated implementing instructions, and Environmental Planning Policy COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The Coast Guard has determined 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 promulgates the operating regulations or procedures for drawbridges. 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. 1.

Neither a Record of Environmental Consideration nor a Memorandum for the Record are required for this rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

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.

Submitting comments. We encourage you to submit comments at www.regulations.gov. To do so, go to www.regulations.gov, type USCG-2025-0070 in the search box and click “Search.” Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. If your material cannot be submitted using www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions.

Viewing material in docket. To view documents mentioned in this proposed rule as being available in the docket, find the docket as described in the previous paragraph, and then select “Supporting & Related Material” in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the www.regulations.gov Frequently Asked Questions web page. Also, if you go to the online docket and sign up for email alerts through the “Subscribe” option, you will be notified when comments/updates are posted, or a final rule is published.

Personal information. We accept anonymous comments. Comments we post to www.regulations.gov will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHS's eRulemaking System of Records notice (85 FR 14226, March 11, 2020).

For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows:

1. The authority citation for part 117 continues to read as follows:

Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No. 00170.1. Revision No. 1.04.

2. Change 33 CFR 117 to read as follows

91 FR 51113