82 FR 32157 - Drawbridge Operation Regulation; Tombigbee River, Near Jackson, Alabama
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 132 (July 12, 2017)
Coast Guard
Federal Register Volume 82, Issue 132 (July 12, 2017)
| Page Range | 32157-32159 | |
| FR Document | 2017-14606 |
[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)] [Proposed Rules] [Pages 32157-32159] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14606] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0108] RIN 1625-AA09 Drawbridge Operation Regulation; Tombigbee River, Near Jackson, Alabama AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to change the operating schedule that governs the Norfolk Southern Railroad (NSRR) Vertical Lift Span Bridge across Tombigbee River, mile 44.90, near Jackson, between Washington and Clarke Counties, Alabama. This rule proposes to move the current on-site bridge tender control station to a geographically remote centralized control point located in Decatur, Alabama. DATES: Comments and related material must reach the Coast Guard on or before September 11, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2017-0108 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instruction on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Ms. Donna Gagliano; Bridge Administration Branch, Eighth Coast Guard District; telephone 504-671-2128, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive Order FR Federal Register NPRM Notice of proposed rulemaking U.S.C. United States Code NSRR Norfolk Southern Railroad Pub. L. Public Law Sec. Section U.S.C. United States Code II. Background, Purpose and Legal Basis In accordance with 33 CFR 117.42, the District Commander may authorize a drawbridge to operate under an automated system or from a remote location. The purpose of this rule is to allow the draw of this bridge to operate from a remote location. The draw will continue to be maintained in the open to navigation position except during the passage of trains. Mariners should not experience any changes in the level of service. III. Discussion of the Proposed Rule The Coast Guard, at the request of NSRR, is changing the method of operation for the NSRR Vertical Lift Bridge across Tombigbee River, mile 44.90, near Jackson, Alabama. Due to the need for increased efficiency in railroad operations, NSRR requested a change to the method of operating the draw from on-site to a draw tender operating the bridge remotely. Presently, the draw is maintained in the open-to-navigation position and closed only for the passage of trains or maintenance. The bridge owner would like to operate the draw remotely using a drawtender at a centralized railroad operation in Decatur, Alabama, rather than maintaining the current on-site operation and drawtender. The implementation of this rule, in effect, removes the requirement that a drawtender be present on site at all times. Under the new remote operation procedure, the draw will continue to be maintained in the open-to-navigation position and lowered only for the passage of trains or for maintenance. There will be no modifications to the operation of the bridge as it relates to the passage of vessels. Instead, this change will allow the bridge owner to increase efficiency by coordinating bridge operations and vessel transits with train dispatch operations in Decatur, AL. IV. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on these statues and Executive Orders and we discuss First Amendment rights of protesters. A. Regulatory Planning and Review E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, NPRM it has not been reviewed by the Office of Management and Budget. This interim rule is not a significant regulatory action because the draw will be maintained in the open-to-navigation position. Therefore, mariners will experience no changes in transiting through the bridge site. No new restrictions on or actions from the mariner are required by this rule. The intent of the proposed rule is to improve safety and efficiency of bridge operations as it relates to vessel and railroad traffic. Centralizing the bridge tender would have no impact on the existing regulations regarding hours or methods of bridge operations. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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 will not have a significant economic impact on a substantial number of small entities. ``While some owners or operators of vessels intending to transit the bridge [[Page 32158]] may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator.'' 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. 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. 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 the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. 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). D. Federalism and Indian Tribal Government A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. Also, this proposed rule does not have tribal implications under E.O. 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. If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. 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 (adjusted for inflation) 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. F. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 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. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under Table 3-2, (L49), of the Instruction. Under Table 3-2, (L49), of the Instruction, a Memorandum for the Record (MFR) is not required for this rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this notice, and all public comments, are in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of Homeland Security Delegation No. 0170.1. 0 2. In Sec. 117.118, redesignate introductory text as paragraph (a) and revise paragraphs (a) through (d) as paragraph (a)(1) through (a)(4); and add new paragraph (b) Tombigbee River to read as follows: Sec. 117.118 Tombigbee River. * * * * * (b) The draw of the NSRR Vertical Lift Bridge across the Tombigbee River, mile 44.90, near Jackson, Washington and Clarke Counties, Alabama shall be maintained as follows: (1) The draw shall be maintained in the fully open-to-navigation position for vessels at all times, except during periods when it is closed for the passage of rail traffic or to perform periodic maintenance authorized in accordance with subpart A of this part. (2) The draw shall be remotely operated by the draw tender at Norfolk Southern Railroad's drawbridge in [[Page 32159]] Decatur, Alabama. The estimated duration that the bridge will remain closed for the passage of rail traffic is 10 to 15 minutes per operation. (3) When a train approaches the bridge, the draw tender will initiate the bridge closing warning signal, consisting of radio calls via VHF-FM channels 13 and 16 and activation of flashing red warning lights at each end of the span. The radio calls will be broadcast at five (5) minutes prior to bridge closing and at two (2) minutes prior to bridge closing. Photoelectric (infrared) boat detectors will monitor the waterway beneath the bridge for the presence of vessels. (4) The drawtender will continuously monitor waterway traffic in the area using closed-circuit cameras mounted on the bridge. The draw will only be closed if the draw tender's visual inspection indicates that the channel is clear and there are no vessels transiting in the area. The draw tender will maintain constant surveillance of the navigation channel to ensure that no conflict with maritime traffic exists. If two or more closed-circuit cameras are inoperable or if there is inclement weather, the draw will only be operated by a draw tender located on site at the bridge. (5) At the end of the two-minute warning period, if no vessels have been detected by the draw tender, the draw closing sequence will automatically proceed. (6) Upon passage of the train, the draw will be returned to the fully open-to-navigation position to allow marine traffic to pass. The warning lights will continue to flash red until the draw has returned to the fully open-to-navigation position at which time they will deactivate. (7) After the passage of each train, the draw must be returned to it fully open-to-navigation position. (8) To request openings of the draw when the vertical lift span is in the closed-to-navigation position, mariners may contact NSRR via VHF-FM channel 13 or by telephone at the number displayed on the signs posted at the bridge. (9) The draw will be operated locally if: (i) Communication is lost between the drawbridge and the draw tender in Decatur, Alabama; (ii) More than two closed-circuit cameras are not working; (iii) The marine radio is inoperable; (iv) Weather conditions warrant; or (v) Ordered by the Coast Guard. * * * * * Dated: June 22, 2017. D.R. Callahan, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2017-14606 Filed 7-11-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Proposed Rules 32157
PART 1308—SCHEDULES OF See the ‘‘Public Participation and passage of trains or for maintenance.
CONTROLLED SUBSTANCES Request for Comments’’ portion of the There will be no modifications to the
SUPPLEMENTARY INFORMATION section operation of the bridge as it relates to
■ 1. The authority citation for 21 CFR below for instruction on submitting the passage of vessels. Instead, this
part 1308 continues to read as follows: comments. change will allow the bridge owner to
Authority: 21 U.S.C. 811, 812, 871(b), FOR FURTHER INFORMATION CONTACT: If increase efficiency by coordinating
unless otherwise noted. you have questions on this proposed bridge operations and vessel transits
rule, call or email Ms. Donna Gagliano; with train dispatch operations in
■ 2. In § 1308.12, amend the
Bridge Administration Branch, Eighth Decatur, AL.
introductory text of paragraph (b)(1) to
read as follows: Coast Guard District; telephone 504– IV. Regulatory Analyses
671–2128, email Donna.Gagliano@
§ 1308.12 Schedule II. We developed this proposed rule after
uscg.mil.
considering numerous statutes and
* * * * * SUPPLEMENTARY INFORMATION: Executive Orders related to rulemaking.
(b) * * *
I. Table of Abbreviations Below we summarize our analyses
(1) Opium and opiate, and any salt,
based on these statues and Executive
compound, derivative, or preparation of CFR Code of Federal Regulations Orders and we discuss First
opium or opiate excluding DHS Department of Homeland Security Amendment rights of protesters.
apomorphine, thebaine-derived E.O. Executive Order
butorphanol, dextrorphan, nalbuphine, FR Federal Register A. Regulatory Planning and Review
naldemedine, nalmefene, naloxegol, NPRM Notice of proposed rulemaking
U.S.C. United States Code
E.O.s 12866 and 13563 direct agencies
naloxone, and naltrexone, and their to assess the costs and benefits of
respective salts, but including the NSRR Norfolk Southern Railroad
Pub. L. Public Law available regulatory alternatives and, if
following: regulation is necessary, to select
§ Section
* * * * * U.S.C. United States Code regulatory approaches that maximize
Dated: July 5, 2017. net benefits. E.O. 13563 emphasizes the
II. Background, Purpose and Legal
Chuck Rosenburg, importance of quantifying both costs
Basis
Acting Administrator. and benefits, of reducing costs, of
In accordance with 33 CFR 117.42, harmonizing rules, and of promoting
[FR Doc. 2017–14482 Filed 7–11–17; 8:45 am]
the District Commander may authorize flexibility. This NPRM has not been
BILLING CODE 4410–09–P a drawbridge to operate under an designated a ‘‘significant regulatory
automated system or from a remote action,’’ under E.O. 12866. Accordingly,
location. The purpose of this rule is to NPRM it has not been reviewed by the
DEPARTMENT OF HOMELAND allow the draw of this bridge to operate Office of Management and Budget.
SECURITY from a remote location. The draw will This interim rule is not a significant
continue to be maintained in the open regulatory action because the draw will
Coast Guard to navigation position except during the be maintained in the open-to-navigation
passage of trains. Mariners should not position. Therefore, mariners will
33 CFR Part 117 experience any changes in the level of experience no changes in transiting
[Docket No. USCG–2017–0108] service. through the bridge site. No new
III. Discussion of the Proposed Rule restrictions on or actions from the
RIN 1625–AA09 mariner are required by this rule.
The Coast Guard, at the request of The intent of the proposed rule is to
Drawbridge Operation Regulation; NSRR, is changing the method of improve safety and efficiency of bridge
Tombigbee River, Near Jackson, operation for the NSRR Vertical Lift operations as it relates to vessel and
Alabama Bridge across Tombigbee River, mile railroad traffic.
AGENCY: Coast Guard, DHS. 44.90, near Jackson, Alabama. Due to Centralizing the bridge tender would
the need for increased efficiency in have no impact on the existing
ACTION: Notice of proposed rulemaking. railroad operations, NSRR requested a regulations regarding hours or methods
SUMMARY: The Coast Guard proposes to change to the method of operating the of bridge operations.
change the operating schedule that draw from on-site to a draw tender
operating the bridge remotely. B. Impact on Small Entities
governs the Norfolk Southern Railroad
(NSRR) Vertical Lift Span Bridge across Presently, the draw is maintained in The Regulatory Flexibility Act of 1980
Tombigbee River, mile 44.90, near the open-to-navigation position and (RFA), 5 U.S.C. 601–612, as amended,
Jackson, between Washington and closed only for the passage of trains or requires federal agencies to consider the
Clarke Counties, Alabama. This rule maintenance. The bridge owner would potential impact of regulations on small
proposes to move the current on-site like to operate the draw remotely using entities during rulemaking. The term
bridge tender control station to a a drawtender at a centralized railroad ‘‘small entities’’ comprises small
geographically remote centralized operation in Decatur, Alabama, rather businesses, not-for-profit organizations
control point located in Decatur, than maintaining the current on-site that are independently owned and
Alabama. operation and drawtender. The operated and are not dominant in their
nlaroche on DSK30NT082PROD with PROPOSALS
implementation of this rule, in effect, fields, and governmental jurisdictions
DATES: Comments and related material removes the requirement that a with populations of less than 50,000.
must reach the Coast Guard on or before drawtender be present on site at all The Coast Guard certifies under 5 U.S.C.
September 11, 2017. times. 605(b) that this proposed rule will not
ADDRESSES: You may submit comments Under the new remote operation have a significant economic impact on
identified by docket number USCG– procedure, the draw will continue to be a substantial number of small entities.
2017–0108 using Federal eRulemaking maintained in the open-to-navigation ‘‘While some owners or operators of
Portal at http://www.regulations.gov. position and lowered only for the vessels intending to transit the bridge
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![Federal Register / Vol. 82, No. 132 / Wednesday, July 12, 2017 / Proposed Rules 32159
Decatur, Alabama. The estimated maintain constant surveillance of the (8) To request openings of the draw
duration that the bridge will remain navigation channel to ensure that no when the vertical lift span is in the
closed for the passage of rail traffic is 10 conflict with maritime traffic exists. If closed-to-navigation position, mariners
to 15 minutes per operation. two or more closed-circuit cameras are may contact NSRR via VHF–FM channel
(3) When a train approaches the inoperable or if there is inclement 13 or by telephone at the number
bridge, the draw tender will initiate the weather, the draw will only be operated displayed on the signs posted at the
bridge closing warning signal, by a draw tender located on site at the bridge.
consisting of radio calls via VHF–FM bridge. (9) The draw will be operated locally
channels 13 and 16 and activation of (5) At the end of the two-minute if:
flashing red warning lights at each end warning period, if no vessels have been (i) Communication is lost between the
of the span. The radio calls will be detected by the draw tender, the draw drawbridge and the draw tender in
broadcast at five (5) minutes prior to closing sequence will automatically Decatur, Alabama;
bridge closing and at two (2) minutes proceed. (ii) More than two closed-circuit
prior to bridge closing. Photoelectric cameras are not working;
(infrared) boat detectors will monitor (6) Upon passage of the train, the
(iii) The marine radio is inoperable;
the waterway beneath the bridge for the draw will be returned to the fully open-
(iv) Weather conditions warrant; or
presence of vessels. to-navigation position to allow marine
(v) Ordered by the Coast Guard.
(4) The drawtender will continuously traffic to pass. The warning lights will
continue to flash red until the draw has * * * * *
monitor waterway traffic in the area
using closed-circuit cameras mounted returned to the fully open-to-navigation Dated: June 22, 2017.
on the bridge. The draw will only be position at which time they will D.R. Callahan,
closed if the draw tender’s visual deactivate. Rear Admiral, U.S. Coast Guard, Commander,
inspection indicates that the channel is (7) After the passage of each train, the Eighth Coast Guard District.
clear and there are no vessels transiting draw must be returned to it fully open- [FR Doc. 2017–14606 Filed 7–11–17; 8:45 am]
in the area. The draw tender will to-navigation position. BILLING CODE 9110–04–P
nlaroche on DSK30NT082PROD with PROPOSALS
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Document Created: 2017-07-12 03:00:13
Document Modified: 2017-07-12 03:00:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must reach the Coast Guard on or before September 11, 2017. | |
| Contact | If you have questions on this proposed rule, call or email Ms. Donna Gagliano; Bridge Administration Branch, Eighth Coast Guard District; telephone 504-671-2128, email [email protected] | |
| FR Citation | 82 FR 32157 | |
| RIN Number | 1625-AA09 |
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