[Federal Register: March 3, 2005 (Volume 70, Number 41)]
[Proposed Rules]
[Page 10349-10351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr05-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD07-04-148]
RIN 1625-AA09
Drawbridge Operation Regulations; CSX Railroad, Hillsborough
River, Mile 0.7, Tampa, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations governing
the operation of the CSX Railroad Bridge across the Hillsborough River,
mile 0.7, Tampa, Florida. Previously owned by the Seaboard System
Railroad, the bridge is now called the CSX Railroad Bridge vice the
Seaboard System Railroad Bridge. 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 2, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), Seventh Coast Guard District, 909 S.E. 1st Ave, Suite 432,
Miami, FL 33131-3050. Commander (obr) maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in the preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the Bridge Branch, Seventh Coast Guard
District, between 8 a.m. and 4:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Manager,
Seventh Coast Guard District, Bridge Branch, 305-415-6743.
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-
148], 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. But you may submit a
request for a meeting by writing to the Bridge Branch, Seventh Coast
Guard District, at the address under ADDRESSES 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 Hillsborough River and allow the bridge to operate
utilizing an automated system. The CSX Railroad Bridge is located on
the Hillsborough River, mile 0.7, Tampa, Florida. The current
regulation governing the operation of the CSX Railroad Bridge is
published in 33 CFR 117.291 and requires the bridge to open on signal
from 4 p.m. to 12 midnight Monday through Friday. At all other times,
the draw shall be maintained in the fully open position.
Currently, there is only one train transit per day. Under the
proposed rule, the bridge would remain in the open position to vessel
traffic at all
[[Page 10350]]
times, closing only when the train passes.
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.
Previously owned by the Seaboard System Railroad, the bridge is now
called the CSX Railroad Bridge vice the Seaboard System Railroad
Bridge. There is only one train transit 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 would send
an electronic signal to the bridge to begin the closure sequence. The
bridge control system will activate a series of laser scanners,
positioned along the water level, to detect marine traffic of any size
within the bridge closure area. The bridge will not close if a vessel
is detected. Next, the bridge control system will turn off the green
lights (that indicate it is safe to pass beneath the bridge) and turn
on red flashing lights (to indicate it is no longer safe to pass
beneath the bridge). Also, the bridge control system will
simultaneously sound an audible signal throughout the bridge closing
operation. The bridge would remain in the closed position and be closed
to vessel traffic until the train has cleared the bridge area. When the
train has cleared, the bridge control system would again sound a signal
throughout the bridge opening operation. When the bridge is in the
fully open position, the red flashing lights will be turned off and the
green lights turned back on. The bridge will remain in the open to
vessel traffic position until the next train crossing.
Signs would be posted on both sides of the navigation channel
indicating, ``Caution; this bridge operates by remote control.'' A
toll-free, CSX contact telephone number would 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 (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the policies and
procedures of DHS is unnecessary. Vessel traffic will be able to
transit through the open bridge with the exception of the short closure
period required for the train 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. This proposed rule would affect the following
entities, some of which might be small entities: the owners or
operators of vessels that proceed under the bridge during daily train
crossings. 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 (see
ADDRESSES) explaining 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 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 FOR FURTHER
INFORMATION CONTACT. The Coast Guard will not retaliate against small
entities that have questions or complain about this rule or any policy
or action of the Coast Guard.
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 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 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 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
[[Page 10351]]
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. 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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.
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.
2. In Sec. 117.291 revise paragraph (b) to read as follows:
Sec. 117.291 Hillsborough River.
* * * * *
(b) The draw of the CSX Railroad Bridge across the Hillsborough
River, mile 0.7, at Tampa, operates as follows:
(1) The bridge is not tended.
(2) The draw is normally in the fully open position, displaying
green lights to indicate that vessels may pass.
(3) As a train approaches, provided the marine traffic detection
laser 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.
(4) 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 16, 2005.
W.E. Justice,
Captain, U.S. Coast Guard, Acting Commander, Seventh Coast Guard
District.
[FR Doc. 05-4129 Filed 3-2-05; 8:45 am]
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