Proposed Rule2026-16124
Drawbridge Operation Regulation; Drawbridge Operation Regulation; San Bernard River, Brazoria County, Texas
Primary source
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Published
August 7, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to change the operating schedule that governs the Union Pacific Railroad (UPRR) drawbridge that crosses the San Bernard River, mile 20.7, near Brazoria, TX. UPRR proposed to operate this drawbridge on a 24 hour basis from its Train Dispatch Center located in Spring, TX. The Coast Guard temporarily changed the regulation to test this system. During the test the drawbridge continued to operate safely and provided boats and mariners with a reasonable ability to use this waterway. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 151 (Friday, August 7, 2026)</title>
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[Federal Register Volume 91, Number 151 (Friday, August 7, 2026)]
[Proposed Rules]
[Pages 51113-51116]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16124]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0070]
RIN 1625-AA09
Drawbridge Operation Regulation; Drawbridge Operation Regulation;
San Bernard River, Brazoria County, Texas
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating schedule that
[[Page 51114]]
governs the Union Pacific Railroad (UPRR) drawbridge that crosses the
San Bernard River, mile 20.7, near Brazoria, TX. UPRR proposed to
operate this drawbridge on a 24 hour basis from its Train Dispatch
Center located in Spring, TX. The Coast Guard temporarily changed the
regulation to test this system. During the test the drawbridge
continued to operate safely and provided boats and mariners with a
reasonable ability to use this waterway. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before September 8, 2026.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0070 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Doug Blakemore, Coast Guard Heartland District Bridge
Branch, 504.671.2127, <a href="/cdn-cgi/l/email-protection#35715a40525954461b741b7759545e50585a475075404656521b585c59"><span class="__cf_email__" data-cfemail="3f7b504a58535e4c117e117d535e545a52504d5a7f4a4c5c5811525653">[email protected]</span></a>, 500 Poydras St.,
Room 1313, New Orleans, LA 70130.
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)
Sec. 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
[[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
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; and DHS Delegation No.
00170.1. Revision No. 1.04.
0
2. Change 33 CFR 117 to read as follows
Sec. 117.984 San Bernard River.
The draw of the Union Pacific Railroad (UPRR) vertical lift bridge
shall be remotely operated by the train dispatcher located at the UPRR
train dispatch center located in Spring, TX. The bridge shall be
operated as follows.
(1) The draw will open on signal.
(2) Boats and vessels can contact the remote bridge tender at VHF-
FM channel 9 or by the telephone number posted on the bridge to signal
an opening.
(3) The draw will be immediately placed and left in the open-to-
boat position if any of the below situations occur.
(a) If any combination of camera failures, thermal imaging
capabilities or microwave sensor failures prevents the remote bridge
tender from seeing upriver, downriver or beneath the bridge.
(b) Any communications failures prevent the bridge tender from
communicating with boats.
(c) Weather prevents the remote bridge tender from visually
identifying vessels or boats signaling the draw to open.
(d) The railroad does not meet any government or agency safety
requirements.
(e) The railroad does not meet any government or agency
cybersecurity requirements.
(f) Railroad safety and security procedures or equipment to close
or open the bridge fail.
(g) Anytime the UPRR train dispatcher is evacuated from the
dispatch center for any reason or cannot perform any bridge operator
activities for any reason.
(4) If any of the above situations take place UPRR will immediately
notify the Coast Guard Sector Houston-Galveston Command Center to
report the failure and that the draw has been placed and kept in the
open-to-boat position.
(5) The draw may resume onsite opening and closing when a bridge
operator arrives onsite and can safely operate the drawbridge and UPRR
notifies and receives approval from the Coast Guard.
(6) The draw may resume operating from the remote location when the
[[Page 51116]]
situations listed in paragraph 3 have been corrected and UPRR notifies
and receives approval from the Coast Guard.
(7) UPRR will immediately operate the bridge using an onsite bridge
operator anytime at the direction of the District Commander.
(8) UPRR shall maintain the working machinery of the drawbridge in
good operating condition to be able to manually operate the bridge
onsite.
W.E. Watson,
Rear Admiral, U.S. Coast Guard, Commander, Heartland District.
[FR Doc. 2026-16124 Filed 8-6-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on August 7, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.