[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30036-30039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13760]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0443]
RIN 1625-AA09


Drawbridge Operation Regulation; Technical Amendment; Removal of 
Obsolete Drawbridge Operating Regulations

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is removing the existing operation regulations 
for 33 drawbridges across various waterways and in various locations, 
across the east coast and western rivers of the United States. These 
drawbridges have either been replaced with a fixed bridge, removed from 
the waterway, altered with CG approval in such a manner that the 
drawspan is no longer moveable or the approaching rail lines or 
roadways have been removed with the drawspan open to navigation and 
inoperable. These 33 operating regulations are no longer applicable or 
necessary.

DATES: This rule is effective June 27, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0443. 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 Mr. Chris Jaufmann, Office of Bridge Programs; United 
States Coast Guard Headquarters; telephone 202-372-1512, email 
<a href="/cdn-cgi/l/email-protection#f5bf9a869093dbb6dbbf94809398949b9bb580869692db989c99"><span class="__cf_email__" data-cfemail="753f1a0610135b365b3f14001318141b1b35000616125b181c19">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department Of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final 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 notice 
and comment 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) due to the fact that the 33 drawbridges identified 
either do not exist or no longer function as a drawbridge. Therefore, 
their regulations are no longer applicable and need to be removed. It 
is unnecessary to publish a NPRM because drawbridge regulations are 
only used for bridges that have an operational span that is intended to 
be opened for the passage of waterway traffic. These bridges are no 
longer operational.
    For the same reasons stated in the preceding paragraph, under 5 
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for 
making this rule effective in less than 30 days after publication in 
the Federal Register. The bridges at issue no longer have an 
operational span and therefore have no need of a drawbridge regulation. 
The removal of the regulation will not affect mariners currently 
operating on this waterway. Therefore, a delayed effective date is 
unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The elimination of these drawbridges necessitates the removal of 
their corresponding drawbridge operation regulation in 33 CFR part 117 
subpart B.

IV. Discussion of Final Rule

    The Coast Guard is removing restrictions and the regulatory burdens 
related to the draw operations for these 33 bridges that no longer 
function as drawbridges. In the regulatory section of this final rule, 
the 33 bridges are presented numerically based on their section number 
and, if applicable, paragraph lettering under 33 CFR part 117 subpart 
B.
    This final rule will update 33 CFR part 117 subpart B by removing 
language that governs the operating schedule of the aforementioned 
bridges, which in fact, in their current state, are no longer 
drawbridges. The removal of

[[Page 30037]]

these obsolete regulations will not affect waterway or land traffic.
    The following bridges remain across their respective waterways and 
remain in use in their transportation function, however; have been 
converted to fixed bridges:

--Sec.  117.125(b) Black River; Black Rock, AR; Burlington Northern RR 
Bridge; Mile 68.4; Eighth Coast Guard District.
--Sec.  117.125(c) Black River; Pocahontas, AR; Arkansas State HWY 
Dept. Bridge; Mile 90.1; Eighth Coast Guard District.
--Sec.  117.125(e) Black River; Corning, AR; Union Pacific RR Bridge; 
Mile 144.4; Eighth Coast Guard District.
--Sec.  117.125(f) Black River; Corning, AR; Arkansas State HWY Dept. 
Bridge; Mile 152.2; Eighth Coast Guard District.
--Sec.  117.127 Current River; Biggers, AR; Arkansas Highway Bridge; 
Mile 10.2; Eight Coast Guard District
--Sec.  117.527 Kennebunk River; Between Kennebunk and Kennebunkport, 
ME; Dock Square Drawbridge; Mile 1; First Coast Guard District.
--Sec.  117.591(b) Charles River and its Tributaries; Boston, MA; 
Charleston Bridge; Mile 0.4; First Coast Guard District.
--Sec.  117.609(b) Mystic River; Somerville, MA; Wellington Bridge; 
Mile 2.5; First Coast Guard District.
--Sec.  117.613 North River; Norwell, MA; Plymouth County (Bridge 
Street) Bridge; Mile 4.0; First Coast Guard District.
--Sec.  117.738 Overpeck Creek; Ridgefield Park; Conrail and the New 
York, Susquehanna and Western Railroad Bridges; Mile 0.0; First Coast 
Guard District.

    The following bridges are no longer functional drawbridges. These 
bridges have either had their operable drawspan removed or the bridge 
was removed in whole from the waterway:

--Sec.  117.125(d) Black River; Pocahontas, AR; Burlington Northern RR 
Bridge; Mile 90.4; Eighth Coast Guard District.
--Sec.  117.127 Current River; Biggers, AR; Burlington Northern RR 
Bridge; Mile 12.2; Eighth Coast Guard District.
--Sec.  117.272 Boot Key Harbor; Between Marathon and Boot Key, FL; 
Boot Key Harbor Drawbridge; Mile 0.13; Seventh Coast Guard District.
--Sec.  117.531(c)(2) Piscataqua River; Portsmouth, ME; Sarah M. Long 
(Route 1 Bypass) Secondary Recreation Draw; Mile 2.5; First Coast Guard 
District.
--Sec.  117.599 Fort Point Channel; Boston, MA; Northern Avenue Bridge; 
Mile 0.1; First Coast Guard District.
--Sec.  117.601 Malden River; Between Medford and Everett, MA; S16 
Bridge; Mile 0.3; First Coast Guard District.

    The following bridges remain in the waterway and are open to 
navigation. However, the rail line, including the bridge, are no longer 
in use.

--Sec.  117.139(a) White River; DeValls Bluff; AR; Chicago, Rock Island 
and Pacific Railroad Bridge; Mile 122; Eighth Coast Guard District.
--Sec.  117.521 Back Cove; Portland, ME; Canadian National Railroad 
Bridge; Mile 0.2; First Coast Guard District.
--Sec.  117.605(b) Merrimack River; Newburyport, MA; Massachusetts Bay 
Transportation Authority (MBTA) Railroad Bridge; Mile 3.4; First Coast 
Guard District.

    The following drawbridges have been removed from the waterway and 
replaced with fixed bridges:

--Sec.  117.139(a) White River; DeValls Bluff, AR; US70 Highway Bridge; 
Mile 121.7; First Coast Guard District.
--Sec.  117.261(b) Atlantic Intracoastal Waterway from St. Mary's River 
to Key Largo; Jacksonville Beach, FL; McCormick Bridge; Mile 747.5; 
Seventh Coast Guard District.
--Sec.  117.261(qq) Atlantic Intracoastal Waterway from St. Mary's 
River to Key Largo; Key Largo, FL; Jewfish Creek; Mile 1134; Seventh 
Coast Guard District.
--Sec.  117.287(i) Gulf Intracoastal Waterway; Clearwater, FL; Belleair 
Beach Drawbridge; Mile 131.8; Seventh Coast Guard District.
--Sec.  117.309 Nassau Sound; Between Amelia Island and Talbot Island, 
FL; Fernandina Port Authority (SR-A-1-A) Bridge; Mile 0.4; Seventh 
Coast Guard District.
--Sec.  117.317(j) Okeechobee Waterway; Punta Rassa, FL; Sanibel 
Causeway Bridge; Mile 151; Seventh Coast Guard District.
--Sec.  117.483 Ouachita River; Harrisonburg, LA; S8 Bridge; Mile 57.5; 
Eight Coast Guard District.
--Sec.  117.529 Narraguagus River; Millbridge, ME; Highway Bridge; Mile 
1.8; First Coast Guard District.
--Sec.  117.739(n)(1) Passaic River; Wallington, NJ; Gregory Avenue 
Bridge; Mile 14; First Coast Guard District.
--Sec.  117.779 Eastchester Bay (Arm of); Between Rodman Neck and City 
Island, NY; Highway Bridge; Mile 2.2; First Coast Guard District.
--Sec.  117.805 Peekskill (Annsville) Creek; Peekskill, NY; Conrail 
Bridge; Mile 0; First Coast Guard District.
--Sec.  117.1059(d) Snohomish River, Steamboat Slough, and Ebey Bay; 
Everett, WA; SR 2 Highway Bridges; Mile 6.9; Thirteenth Coast Guard 
District.
--Sec.  117.1059(h) Snohomish River, Steamboat Slough, and Ebey Bay; 
Marysville, WA; SR 529 Highway Bridge; Mile 1.6; Thirteenth Coast Guard 
District.

In accordance with Sec.  117.1059(h), the drawtender at the SR 529 
Highway Bridge across Ebey Slough, mile 1.6 at Marysville would control 
the openings at that bridge and the openings for the SR 529 Highway 
Bridge across the Snohomish River, mile 3.6 at Everett and the twin, SR 
529 Highway Bridges across Steamboat Slough, mile 1.1 and 1.2 
respectively near Marysville; Monday through Friday. The drawtender at 
SR 529 Highway Bridge across the Snohomish River, mile 3.6 at Everett 
would control bridge openings at all other times. Due to the 
replacement of the SR 529 Highway Bridge across Ebey Slough, mile 1.6 
at Marysville with a fixed bridge, the duties of the drawtender were no 
longer needed and are now the full responsibility of the drawtender at 
the SR 529 Highway Bridge across the Snohomish River, mile 3.6 at 
Everett. Operation and contact information for the bridges remains the 
same and this action will not affect waterway and land traffic.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders.

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it 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. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs''' (April 5, 2017). DHS 
considers this final rule to be a deregulatory action.
    As previously explained the above 33 listed bridges, have either 
been removed

[[Page 30038]]

from the waterway or converted/replaced to or by a fixed bridge. The 
removal of their operating schedules from 33 CFR 117 Subpart B will 
have no effect on the movement of waterway or land traffic, but will 
serve to remove an outdated and obsolete provision from the CFR.

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.
    For the reasons stated in section IV.A above this final rule would 
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 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 Executive Order 
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 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.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

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. Revise Sec.  117.125 to read as follows:


Sec.  117.125   Black River.

    The Union Pacific Railroad Bridge, mile 3.4 at Paoquet need not 
open for the passage of vessels.


Sec.  117.127   [Removed]

0
3. Remove Sec.  117.127.

0
4. Revise paragraph (a) in Sec.  117.139 to read as follows:


Sec.  117.139  White River.

    (a) The draws of the St. Louis Southwestern railroad bridge, mile 
98.9 at Clarendon, the Missouri Pacific railroad bridge, mile 196.3 at 
Augusta and the Missouri Pacific railroad bridge, mile 254.8 at 
Newport, shall open on signal if at least eight hours notice is given. 
The draws of any of these bridges need not be opened for a vessel that 
arrives later than two hours after the time specified in the notice, 
unless a second notice of at least eight hours is given.
* * * * *


Sec.  117.261   [Amended]

0
5. Amend Sec.  117.261 by removing and reserving paragraphs (b) and 
(qq).


Sec.  117.272  [Removed]

0
6. Remove Sec.  117.272.


Sec.  117.287  [Amended]

0
7. Amend Sec.  117.287 by removing paragraph (i).


Sec.  117.309   [Removed]

0
8. Remove Sec.  117.309.


Sec.  117.317  [Amended]

0
9. Amend Sec.  117.317 by removing paragraph (j) and redesignating 
paragraph (k) as paragraph (j).


Sec.  117.483  [Removed]

0
10. Remove Sec.  117.483.


Sec.  117.521   [Removed]

0
11. Remove Sec.  117.521.


Sec.  117.527   [Removed]

0
12. Remove Sec.  117.527.


Sec.  117.529   [Removed]

0
13. Remove Sec.  117.529.

[[Page 30039]]

Sec.  117.531   [Amended]

0
14. Amend Sec.  117.531 by removing and reserving paragraph (c)(2).


Sec.  117.591   [Amended]

0
15. Amend Sec.  117.591 by removing paragraph (b) and redesignating 
paragraphs (c) through (f) as paragraphs (b) through (e).


Sec.  117.599   [Removed]

0
16. Remove Sec.  117.599.


Sec.  117.601  [Removed]

0
17. Remove Sec.  117.601.


Sec.  117.605   [Amended]

0
18. Amend Sec.  117.605 by removing paragraph (b) and redesignating 
paragraph (c) as paragraph (b).

0
19. Revise Sec.  117.609 to read as follows:


Sec.  117.609  Mystic River.

    The draw of the S99 Alford Street Bridge, mile 1.4, shall open on 
signal; except that, Monday through Saturday, excluding holidays, the 
draw need not open for the passage of vessel traffic from 7:45 a.m. to 
9 a.m., 9:10 a.m. to 10 a.m., and 5 p.m. to 6 p.m., daily. From 
November 1 through March 31, between 3 p.m. and 7 a.m., at least an 
eight-hour advance notice is required for bridge openings by calling 
the number posted at the bridge.


Sec.  117.613   [Removed]

0
20. Remove Sec.  117.613.


Sec.  117.738   [Removed]

0
21. Remove Sec.  117.738.

0
22. Revise paragraph (n) in Sec.  117.739 to read as follows:


Sec.  117.739  Passaic River.

* * * * *
    (n) West Eighth Street Bridge, mile 15.3, at Garfield need not open 
for the passage of vessels.
* * * * *


Sec.  117.779   [Removed]

0
23. Remove Sec.  117.779.


Sec.  117.805   [Removed]

0
24. Remove Sec.  117.805.

0
25. In Sec.  117.1059:
0
a. Revise paragraph (c).
0
b. Remove paragraphs (d) and (h).
0
c. Redesignate paragraphs (e), (f) and (g) as (d), (e) and (f).
0
d. Revise newly redesignated paragraph (f).
    The revisions read as follows:


Sec.  117.1059  Snohomish River, Steamboat Slough, and Ebey Slough.

* * * * *
    (c) The draws of the twin, SR 529, highway bridges across the 
Snohomish River, mile 3.6, at Everett shall open on signal if notice is 
provided at least one hour in advance. Notice for openings shall be 
given by marine radio, telephone or other means to the drawtender at 
the twin, SR 529, Highway Bridges across the Snohomish River, mile 3.6. 
One signal opens both draws. During freshets, a drawtender shall be in 
constant attendance, and the draws shall open on signal when so ordered 
by the District Commander.
* * * * *
    (f) The draws of the twin SR 529, highway bridges across Steamboat 
Slough, miles 1.1 and 1.2, near Marysville, shall open on signal if 
notice is provided at least four hours in advance. Notice for openings 
shall be given by marine radio or telephone to the drawtender at the 
twin, SR 529, Highway Bridges across the Snohomish River, mile 3.6. One 
signal opens both draws. During freshets, a drawtender shall be in 
constant attendance, and the draws shall open on signal when so ordered 
by the District Commander.

Brian L. Dunn,
Chief, Bridge Program, Coast Guard Headquarters.
[FR Doc. 2018-13760 Filed 6-26-18; 8:45 am]
 BILLING CODE 9110-04-P


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