[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75554-75556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30762]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0470]
RIN 1625-AA09
Drawbridge Operation Regulation; Apalachicola River, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulation that governs the
operating schedules for two bridges that cross the Apalachicola River
in Florida. These changes are being made in response to two requests to
the Coast Guard. First, the CSX Railroad requested to modify the
operating schedule of their swing bridge at mile 105.9, at River
Junction to require eight hours advanced notice at all times. Second,
the Apalachicola and Northern Railroad (ANRR) requested to maintain the
swing bridge at mile 4.5 (GIWW mile 347.0 East of Harvey Lock (EHL)),
at Apalachicola, untended and in the open-to-navigation position at all
times.
DATES: This rule is effective January 22, 2013.
ADDRESSES: The docket for this rulemaking, USCG-2012-0470, is available
online by going to http://www.regulations.gov, inserting USCG-2012-0470
in the ``Search'' box, and then clicking ``Search.'' The docket 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
U.S.C. United States Code
A. Regulatory History and Information
On July 30, 2012, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulation; Apalachicola River,
FL'' in the Federal Register (77 FR 44525). We received no comments on
the proposed rule. No public meeting was requested, and none was held.
B. Basis and Purpose
The CSX swing bridge across the Apalachicola River, mile 105.9,
presently opens on signal for the passage of vessels Monday through
Friday from 8 a.m. until 4 p.m. At all other times, the bridge opens on
signal if at least four hours advanced notice is given. The bridge
owner has requested to change the operation regulations to reflect
usage of the bridge by mariners. The request was made based upon a
documented decrease in the number of requests for openings in the last
three years. In 2010, the bridge opened 12 times for the passage of
vessels. Eight of those openings were for either a United States Coast
Guard (USCG) vessel or for a United States Army Corps of Engineers
(USACE) vessel. In 2011, the bridge opened four times for the passage
of vessels. Three of those openings were for either a USCG vessel or
for a USACE vessel. Thus far in 2012, the bridge has only opened one
time for a USACE vessel. It should be noted that all of the openings in
the past three years have occurred between 8 a.m. and 4 p.m.;
therefore, the bridge opened on signal for their passages. Information
gathered regarding the decrease in vessel movements indicates that the
lack of commercial facilities and the lack of maintenance on the
waterway have contributed to the decline in traffic. While water
elevations may return to their pre-drought levels, there is presently
no evidence that the number of requests for bridge openings will
increase in the future due to limited industrial development along the
waterway. Accordingly, the bridge owner requested to change the
operation regulations so that the bridge is allowed to open on signal
at all times if at least eight hours advanced notification is given.
USACE and USCG units using the waterway indicated that the proposed
change to the operation of the bridge will not affect their ability to
maintain the waterway and they have no objections to the proposed
change.
The ANRR swing span bridge crosses the Apalachicola River at mile
4.5 (GIWW mile 347.0 EHL) and is required to open on signal for the
passage of vessels. Since the bridge owner applied for and received an
embargo for the suspension of train traffic on the line, the operation
of the bridge is unnecessary and the operator of the bridge requested
permission to leave the bridge in the open-to-navigation position and
have the bridge untended. The bridge provides unlimited vertical
clearance and 119 feet of horizontal clearance in the open-to-
navigation position. Transit times for mariners should not be impeded
with the bridge left in the open-to-navigation position. The bridge
owner/operator will be required to maintain all bridge navigation
lights in proper working order and will be required to periodically
check the lights to see that they are working.
C. Discussion of Comments, Changes, and the Final Rule
The Coast Guard provided a 60-day comment period on the notice of
proposed rulemaking. 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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. Very few vessels will be
impacted by the proposed changes and those few vessels should be able
to provide adequate advanced notification of their arrivals as is
already done for the CSX Railroad bridge and vessels may transit
through the ANRR bridge without delay as it will be maintained in the
open-to-navigation position.
[[Page 75555]]
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 would affect the following entities, some of which might
be small entities: The owners or operators of vessels needing to
transit the Apalachicola River above mile 105.9. This action will not
have a significant economic impact on a substantial number of small
entities because these few vessels should be able to provide adequate
advanced notification of their arrivals.
This action will not have a significant economic impact on a
substantial number of small entities because these few vessels should
be able to provide adequate advanced notification of their arrivals.
3. Assistance for Small Entities
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.
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,
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:
[[Page 75556]]
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. 117.258 to read as follows:
Sec. 117.258 Apalachicola River.
(a) The draw of the Apalachicola and Northern Railroad Bridge, mile
4.5 (GIWW mile 347.0 EHL), at Apalachicola, is maintained in the fully
open-to-navigation position and untended. The bridge will not be
returned to service until proper notification is published in the
Federal Register.
(b) The draw of the CSX Railroad Bridge, mile 105.9, at River
Junction shall open on signal if at least eight hours notice is given.
Dated: December 10, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2012-30762 Filed 12-20-12; 8:45 am]
BILLING CODE 9110-04-P