[Federal Register: March 4, 2004 (Volume 69, Number 43)]
[Proposed Rules]
[Page 10183-10185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr04-19]
-----------------------------------------------------------------------
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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulations governing
the operation of the CSX Railroad Bridge across the Manatee River, mile
4.5, Bradenton, Florida. This proposed rule would allow the bridge to
operate using an automated system, without an onsite bridge tender.
Currently, the bridge is required to open on signal.
DATES: Comments and related material must reach the Coast Guard on or
before May 3, 2004.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 SE. 1st Ave., Room 432, Miami,
FL 33131. Comments and material received from the public, as well as
documents indicated in the 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, Room 432, Miami, FL 33131, between 8 a.m. and 4:30 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Dragon, Seventh Coast Guard
District, Bridge Branch, telephone number (305) 415-6743.
[[Page 10184]]
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 (CGD07-04-
015), 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
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 meeting by writing to Bridge Branch, Seventh
Coast Guard District, 909 SE. 1st Ave., Room 432, Miami, FL 33131,
explaining why one 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 Railroad owner has requested that the Coast Guard remove
the existing regulations governing the 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 proposed rule, the bridge would
remain in the open position to vessel traffic 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 Bridge is published in 33 CFR 117.5 and requires the
bridge to open on signal.
Discussion of Proposed Rule
The Coast Guard proposes to change the operating regulations of the
CSX Railroad Bridge so that the bridge can operate automatically. There
are only four train transits per day across this bridge. The proposed
action would remove the requirement that a bridge tender be present to
open the bridge on signal for vessel traffic. The bridge would remain
in the open 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 closure.
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.
Regulatory Evaluation
This proposed 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.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the policies and
procedures of the Department of Homeland Security is unnecessary.
Vessel traffic will be able to transit under the bridge with the
exception of the short closure periods required for the trains to
transit over the bridge.
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 will affect vessel traffic
under the bridge and daily train crossings over the bridge. However,
the proposed rule will not change the number of times the bridge will
need to be in a closed position for trains. Additionally, the bridge
will remain in the open to navigation position at all other times for
the benefit of vessel traffic.
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 to the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this 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 this
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the person listed
under FOR FURTHER INFORMATION CONTACT.
We also have a point of contact for comment on actions by employees
of the Coast Guard. 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 proposed rule would call for no new collection of information
under the
[[Page 10185]]
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 proposed rule
under that Order and 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 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 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 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 rule is not an economically significant rule 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 have analyzed this proposed rule under 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 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 proposed 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.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 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; 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 as Sec. 117.299]
2. Redesignate Sec. 117.300 as Sec. 117.299.
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 at 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: February 23, 2004.
Harvey E. Johnson, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 04-4781 Filed 3-3-04; 8:45 am]
BILLING CODE 4910-15-P