[Federal Register Volume 69, Number 137 (Monday, July 19, 2004)]
[Rules and Regulations]
[Pages 42872-42874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16246]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-015]
RIN 1625-AA09
Drawbridge Operation Regulations; CSX Railroad, Manatee River
Mile 4.5, Bradenton, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulations of the
CSX Railroad Bridge across the Manatee River, mile 4.5, Bradenton,
Florida. This rule allows the bridge to operate using an automated
system, without an onsite bridge tender.
DATES: This rule is effective August 18, 2004.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD07-04-015] and are available for inspection or
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st
Avenue, Miami, Florida 33131, between 7:30 a.m. and 4 p.m., Monday
through Friday, except
[[Page 42873]]
Federal holidays. Bridge Branch (obr), Seventh Coast Guard District,
maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Project Manager,
Seventh Coast Guard District, Bridge Branch, (305) 415-6743.
SUPPLEMENTARY INFORMATION:
Regulatory History
On March 4, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; CSX Railroad, Manatee
River, Mile 4.5, Bradenton, Florida, in the Federal Register (69 FR
10183). We received 1 comment on this proposed rule. No public hearing
was requested, and none was held.
Background and Purpose
The CSX Railroad owner requested the Coast Guard change the
existing operation of the CSX Railroad Bridge over the Manatee River
and allow the bridge to operate utilizing an automated system. The
request is made because there are only four short train transits per
day. Under the rule, the bridge would remain in the open to vessel
traffic position at all other times.
The CSX Railroad Bridge is located on the Manatee River, mile 4.5,
Bradenton, Florida. The current regulation governing the operation of
the CSX Railroad is published in 33 CFR 117.5 and requires the bridge
to open on signal.
Discussion of Comments and Changes
The Coast Guard is changing the operating regulations of the CSX
Railroad Bridge so that the bridge can operate automatically. There are
only four train transits per day across the bridge. The action would
remove the requirement that a bridge tender be present to open the
bridge on signal for vessel traffic. The bridge will remain in the open
to vessel traffic position until a train approaches to cross the
bridge. When a train approaches, the CSX signal department will send an
electronic signal to the bridge to order the closure sequence to begin.
The bridge control system will activate a series of scanners along the
water level to detect any marine traffic within the bridge closure
area. The bridge control system will turn off the green channel
markers, turn on the red bridge warning strobe lights, and
simultaneously sound a signal, which will last throughout the entire
closing period. The bridge shall remain in the closed position to
vessel traffic until the train has sufficiently cleared the bridge
area. When the train has cleared, the bridge control system will again
sound a signal for the entire period the bridge is opening. When the
bridge is in the fully open position, the red bridge warning strobe
lights will turn off, and the green channel marker lights will relight.
The bridge will remain in the open to vessel traffic position until the
next train crossing.
If at any time during the opening or closing sequence, the scanners
detect a vessel within the bridge structure, the opening or closing
sequence will automatically be halted until the vessel clears the
structure. Additional strobe lighting will be placed on the structure
to warn vessels of impending closures.
Signs will be posted on both sides of the navigation channel
indicating, ``Caution; this bridge operates by remote control.'' A
toll-free, CSX contact telephone number will be posted on the signs for
emergencies.
We received one comment on the NPRM. The commentor recommends a
horn not to be sounded during opening and closing situations and that
the CSX should announce bridge openings on marine band radios. We
determined that removing the horn requirement would be detrimental to
vessel safety. It would be impractical to add broadcast openings on
marine band radios, as there is a notification process in place at the
bridge: lights, horns and signage.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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 (DHS).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. The rule improves vessel
traffic through the bridge, as it is in the open to vessel traffic
position except during the approximately four times a day when a train
passes.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities. The rule improves vessel traffic through the bridge.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
offered small businesses, organizations, or governmental jurisdictions
that believed the rule would affect them, or that had questions
concerning its provisions or options for compliance, to contact the
person listed in FOR FURTHER INFORMATION CONTACT.
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).
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in the preamble.
[[Page 42874]]
Taking of Private Property
This rule will not effect 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 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
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.
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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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 there are no factors in this case that would limit the
use of a categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (32)(e), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under authority of Pub. L. 102-587, 106 Stat. 5039.
Sec. 117.300 [Redesignated]
0
2. Redesignate Sec. 117.300 as Sec. 117.299.
0
3. Add a new Sec. 117.300 to read as follows:
Sec. 117.300 Manatee River.
The draw of the CSX Railroad Bridge across the Manatee River, mile
4.5 Bradenton, operates as follows:
(a) The bridge is not tended.
(b) The draw is normally in the fully open position, displaying
green lights to indicate that vessels may pass.
(c) As a train approaches, provided the scanners do not detect a
vessel under the draw, the lights change to flashing red and a horn
continuously sounds while the draw closes. The draw remains closed
until the train passes.
(d) After the train clears the bridge, the lights continue to flash
red and the horn again continuously sounds while the draw opens, until
the draw is fully open and the lights return to green.
Dated: July 8, 2004.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 04-16246 Filed 7-16-04; 8:45 am]
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