[Federal Register: April 10, 2003 (Volume 68, Number 69)]
[Proposed Rules]
[Page 17571-17573]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap03-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-03-007]
RIN 1625-AA09
Drawbridge Operation Regulation; Apalachicola River, River
Junction, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a drawbridge operation
regulation for the draw of the CSX Railroad swing bridge across the
Apalachicola River, mile 105.9, at River Junction (near Chattahoochee),
Florida. The regulation will allow for the bridge to be unmanned and
remain closed during hours of infrequent traffic with
[[Page 17572]]
an advance notification requirement to open the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before June 9, 2003.
ADDRESSES: You may mail comments and related material to Commander
(obc), Eighth Coast Guard District, 501 Magazine Street, New Orleans,
Louisiana 70130-3396, or deliver them to room 1313 at the same address
above between 7 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The Commander, Eighth Coast Guard District, Bridge
Administration Branch maintains the public docket for this rulemaking.
Comments and material received from the public, as well as documents
indicated in this preamble as being available in the docket, will
become part of this docket and will be available for inspection or
copying by appointment at the Bridge Administration Branch, Eighth
Coast Guard District between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration
Branch, at the address given above or telephone (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD08-03-
007), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
that they reached us, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. However, you may
submit a request for a public meeting by writing to the Commander,
Eighth Coast Guard District, Bridge Administration Branch at the
address under ADDRESSES explaining why a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The CSX swing bridge across the Apalachicola River, mile 105.9,
presently opens on signal for the passage of vessels. The bridge owner
has requested to change the operation regulations so that the bridge be
required to open on signal only from 8 a.m. until 4 p.m. Monday through
Friday. At all other times, the bridge would open on signal if at least
four hours advanced notification is given. The request was made based
upon a documented decrease in the number of requests for openings in
the last three years. In 2000, the bridge opened 63 times for the
passage of vessels. In 2001, the bridge opened 38 times for the passage
of vessels. In the first five months of 2002, the bridge opened 15
times for the passage of vessels. Information gathered regarding the
decrease in vessel movements indicates that the closure of a sand and
gravel facility above the bridge and a prolonged drought are the main
contributing factors. 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.
Discussion of Proposed Rule
The proposed rule will have no effect on the existing operation of
the bridge between 8 a.m. and 4 p.m. Monday through Friday when the
bridge will open on signal to accommodate marine traffic. At all other
times the bridge will only open if four hours advance notice is
provided. This change is proposed to reduce the financial burden on the
drawbridge operator of maintaining bridge tenders at times that there
is little or no vessel traffic.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order. It is not ``significant'' under the regulatory
policies and procedures of the Department of Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
Prior to proposing this rule, the Coast Guard analyzed the bridge
usage records and determined that requiring four hours notice during
off peak periods would have minimal impact on commercial vessel
traffic. This proposed rule allows vessels ample opportunity to transit
this waterway during normal weekdays and with minimal notification at
all other times.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. The proposed rule would affect the following
entities, some of which might be small entities: the owners and
operators of vessels requiring a vertical clearance of greater than
17.4 feet above Ordinary High Water and needing to transit the bridge
outside of the 8 a.m. to 4 p.m. weekday time frame. The impacts to
small entities will not be significant because of the limited number of
openings required by these vessels.
This is not considered to have a significant impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Bridge
Administration Branch, Eighth Coast Guard District at the address
above.
[[Page 17573]]
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.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct cost of compliance on them.
We have analyzed this proposed rule under Executive Order 13132 and
have determined that this proposed rule does not have implications for
federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not economically significant and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed 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. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We considered the environmental impact of this proposed rule and
concluded that, under figure 2-1, paragraph 32(e), of Commandant
Instruction M16475.lD, this proposed rule is categorically excluded
from further environmental documentation. This action is categorically
excluded under paragraph 32(e) as it is for the purpose of promulgating
an operation regulation for this drawbridge. A ``Categorical Exclusion
Determination'' is available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend Part 117 of Title 33, Code of Federal Regulations, as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Sec. 117.258 is added to read as follows:
Sec. 117.258 Apalachicola River.
The draw of the CSX Railroad bridge, mile 105.9, at River Junction
shall open on signal Monday through Friday from 8 a.m. until 4 p.m. At
all other times, the bridge will open on signal if at least 4 hours
notice is given.
Dated: March 27, 2003.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, , Commander, Eighth Coast Guard
District.
[FR Doc. 03-8690 Filed 4-9-03; 8:45 am]
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