[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57024-57026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22775]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0179]
RIN 1625-AA09
Drawbridge Operation Regulation; Tombigbee River, AL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adding a regulation to govern the Meridian
and Bigbee Railroad (MNBR) vertical lift span bridge across the
Tombigbee River at Naheola, Marengo and Choctaw Counties, Alabama. The
bridge currently remains in the open-to-navigation position and only
lowers for the passage of trains. This rule codifies the current
schedule as a special operating regulation.
DATES: This rule is effective October 17, 2012.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2012-0179 and are available online by
going to http://www.regulations.gov, inserting USCG-2012-0179 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this final
rule, call or email David Frank, Bridge Administration Branch;
telephone 504-671-2128, email [email protected]. If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On May 1, 2012, we published a notice of proposed rulemaking (NPRM)
entitled ``Drawbridge Operation Regulation; Tombigbee River, AL'' in
the Federal Register (77 FR 25655). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
B. Basis and Purpose
The MNBR vertical lift span bridge crosses the Tombigbee River at
mile 128.6 (Black Warrior Tombigbee Waterway mile 173.6), Naheola,
Marengo and Choctaw Counties, Alabama. The bridge is currently
maintained in the open-to-navigation position, closing only for the
passage of rail traffic. The bridge has a vertical clearance of 12.2
feet above ordinary high water (OHW), elevation 64.5 feet, in the
closed-to-navigation position and 55 feet above OHW in the open-to-
navigation position. Many of the vessels using the waterway transit
under a fixed span of the bridge at periods of lower water due to the
difficulty of transiting the navigation span, which only has a
horizontal clearance of 150 feet between piers.
Due to the limited number of trains using the rail line in this
area, maintaining the bridge in the fully open-to-navigation position
and only lowering the bridge for rail traffic is the preferred
operating schedule. Because this operating schedule has been in place
for over ten years, and is understood and accepted by local
[[Page 57025]]
traffic, the bridge owner requested that the Coast Guard publish the
current operating schedule. This operating schedule allows vessels to
transit the waterway normally while permitting railroad personnel to
lower the bridge for the passage of train traffic after ensuring that
no vessels are approaching the bridge.
Maintaining the bridge untended and in the open-to-navigation
position also eliminates the need for a bridge tender. This rule
codifies the current bridge operating practice and brings it into
compliance with 33 CFR part 117.41(b)(1).
C. Discussion of Comments, Changes and the Final Rule
As part of the NPRM process, a 60-day comment period was provided
to allow for comments regarding the proposed change. No comments were
received and no changes were made to the rule as proposed.
D. 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 or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
This rule is not a significant regulatory action because it
codifies the current operating schedule for the MNBR bridge which is
already understood, known and accepted by the local bridge and waterway
users. Very few vessels will be impacted as the bridge remains open at
all times except to allow rail traffic to pass trains two times a day,
five days a week.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels wishing to
transit the Tombigbee River above mile 128.6 with vessel air drafts
that would require the bridge to be open to navigation for them to pass
safely through the bridge site. This action will not have a significant
economic impact on a substantial number of small entities because the
bridge remains open at all times except to allow rail traffic to pass
two times a day, five days a week.
This action will not have a significant economic impact on a
substantial number of small entities because it only codifies the
existing operation of the draw and there have been no documented
economic impacts to small entities with regards to the present
operation of the bridge.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. 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).
5. Federalism
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 does not have implications for federalism.
6. 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.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
[[Page 57026]]
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.
12. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. 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 concluded
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 is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
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. Section 117.118 is added to read as follows:
Sec. 117.118 Tombigbee River.
The draw of the Meridian and Bigbee Railroad (MNBR) vertical lift
span bridge across the Tombigbee River, mile 128.6 (Black Warrior
Tombigbee (BWT) Waterway mile 173.6), at Naheola, shall operate as
follows:
(a) The draw shall be maintained in the fully open-to-navigation
position for vessels at all times, except during periods when it is
closed for the passage of rail traffic.
(b) When a train approaches the bridge, it will stop and a
crewmember from the train will observe the waterway for approaching
vessels. If vessels are observed approaching the bridge, they will be
allowed to pass prior to lowering the bridge. The crewmember will then
announce via radiotelephone on VHF-FM channel 16 that the bridge is
preparing to be lowered. If, after two minutes, no response has been
received, the crewmember will initiate the lowering sequence.
(c) After the train has completely passed over the bridge, the
crewmember will initiate the raising sequence. When the bridge is in
the fully open-to-navigation position, the crewmember will announce via
radiotelephone on VHF-FM channel 16 that the bridge is in the fully
open-to-navigation position.
(d) To request openings of the bridge when the lift span is in the
closed-to-navigation position, mariners may contact the MNBR via VHF-FM
channel 16 or by telephone at 205-654-4364.
Dated: August 25, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2012-22775 Filed 9-14-12; 8:45 am]
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