[Federal Register: June 4, 2009 (Volume 74, Number 106)]
[Proposed Rules]
[Page 26820-26823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn09-25]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2009-0249]
RIN 1625-AA09
Drawbridge Operation Regulations; CSX Railroad, Trout River, Mile
0.9, Jacksonville, 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 Trout River, mile
0.9, Jacksonville, 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 from 6 a.m. until
10 p.m.; and from 10 p.m. until 6 a.m. The draw shall open on signal if
at least 12 hours notice is given.
DATES: Comments and related material must be received by the Coast
Guard on or before August 3, 2009.
ADDRESSES: You may submit comments identified by docket number USCG-
2009-0249 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
[[Page 26821]]
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand Delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. Barry Dragon, Seventh Coast Guard District,
Bridge Branch, telephone number 305-415-6743, e-mail
barry.dragon@uscg.mil. 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:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2009-0249), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
Online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment Online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand delivery, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an e-mail address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment Online, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert ``USCG-2009-0249'' in the Docket ID box, press Enter,
and then click on the balloon shape in the Actions column. If you
submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2009-0249 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. You may also visit the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain 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 Trout River and allow the bridge to operate utilizing
an automated system. The request is made because there are only four
train transits per day, which require short transit times. 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 Trout River, mile 0.9,
Jacksonville, Florida. The current regulation governing the operation
of the CSX Railroad Bridge is published in 33 CFR 117.337 and requires
the bridge to open on signal from 6 a.m. until 10 p.m.; and from 10
p.m. until 6 a.m. the draw shall open on signal if at least 12 hours
notice is given.
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 shall 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 and 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 closed position to vessel traffic until the train has
sufficiently cleared the bridge area. When the train has cleared, the
bridge control system shall 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 shall 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 the scanners detect a vessel within the bridge structure, the
opening/closing sequence will automatically be halted until the vessel
clears the structure. Additional strobe lighting shall be placed on the
[[Page 26822]]
structure to warn vessels of impending closure.
Signs shall be posted on both sides of the navigation channel
indicating, ``Caution; this bridge operates by remote control.'' A
toll-free, CSX contact telephone number shall be posted on the signs
for emergencies.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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. 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 (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 (Pub. L. 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 consult Mr. Barry Dragon, Seventh Coast
Guard District, Bridge Branch, telephone 305-415-6743, e-mail
barry.dragon@uscg.mil.
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 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 proposed rule will 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. 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.
[[Page 26823]]
Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 0023.1, 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed 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).
2. Revise Sec. 117.337 as follows:
Sec. 117.337 Trout River.
The draw of the CSX Railroad Bridge across the Trout River, mile
0.9 at Jacksonville, operates as follows:
The bridge is not tender.
(a) The draw is normally in the fully open position, displaying
green lights to indicate that vessels may pass.
(b) 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.
(c) 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: May 12, 2009.
R.S. Branham,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. E9-12979 Filed 6-3-09; 8:45 am]
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