82 FR 41889 - Drawbridge Operation Regulation; Rice Creek, Putnam County, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 170 (September 5, 2017)

Page Range		41889-41891
FR Document		2017-18708

The Coast Guard is modifying the operating schedule that governs the CSX Railroad Bridge across the Rice Creek, mile 0.8, in Palatka, Putnam County, FL. This rule will change the existing open on demand during the day and 24 hour advance notice for a bridge opening during the night, to 24 hour advance notice for an opening at all times.

Federal Register, Volume 82 Issue 170 (Tuesday, September 5, 2017)

[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41889-41891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18708]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0523]
RIN 1625-AA09


Drawbridge Operation Regulation; Rice Creek, Putnam County, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the CSX Railroad Bridge across the Rice Creek, mile 0.8, in 
Palatka, Putnam County, FL. This rule will change the existing open on 
demand during the day and 24 hour advance notice for a bridge opening 
during the night, to 24 hour advance notice for an opening at all 
times.

DATES: This rule is effective October 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0523. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Eddie Lawrence, Coast Guard; telephone 305-415-6946, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On November 11, 2016 we published a notice of proposed rulemaking 
(NPRM) entitled Operation Regulation; Rice Creek, Putnam County, FL in 
the Federal Register (81 FR 78952). We received 2 comments on this 
rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    The CSX Railroad Bridge across the Rice Creek, mile 0.8, in 
Palatka, Putnam County, FL is a swing bridge. It has a vertical 
clearance of 2 feet at mean high water in the closed position and a 
horizontal clearance of 30 feet. Presently, in accordance with 33 CFR 
117.324, the Rice Creek CSX Railroad Swing Bridge is required to open 
on signal for the passage of vessels from 8 a.m. to 4 p.m., daily. From 
4:01 p.m. to 7:59 a.m., daily, the bridge shall open with a 24-hour 
advance notice to CSX.
    On May 18th, 2015, CSX Transportation, the bridge owner, requested 
the Coast Guard consider allowing the CSX Railroad Bridge across Rice 
Creek to be converted from a movable bridge to a fixed bridge. Their 
request was made due to the minimal drawbridge openings requested over 
the past several years. The Coast Guard determined that converting the 
bridge to a fixed structure was not reasonable to

[[Page 41890]]

navigation, because it would restrict most vessels from using the 
waterway at all. CSX then requested modifying the bridge operations to 
24 hour advance notice at all times. CSX provided the Coast Guard a 
summary of bridge opening logs that show eight openings in 2015, three 
openings in 2014, and three openings in 2013.
    This change will still allow vessels to pass through the bridge 
while taking into account the reasonable needs of other modes of 
transportation. This rule would implement a 24 hour advance notice to 
CSX for any openings. This regulatory change is justified based on the 
limited impact that it will have on vessel traffic as shown by the 
small number of openings requested over recent years. Emergency vessels 
and tugs with tows can still request openings at any time.

IV. Discussion of Comments, Changes and the Final Rule

    There were two comments received during the comment period. One 
comment from the Sheriff's Department concerned not being able to 
respond to possible emergencies up-river from the bridge. This is 
mitigated by protocols established between the Sheriff's Department and 
CSX for emergency openings. The second comment was via letter from the 
Brotherhood of Maintenance of Way Employees Division (BMWED). The 
concerns were multifold concerning; security and maintenance. These 
were all submitted to CSX and answered to the satisfaction of BMWED.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below, we summarize our 
analyses based on a number of these statutes and Executive Orders, and 
we discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the continued 
ability for vessels to transit the bridge given advanced notice and the 
small amount of vessel traffic transiting the bridge in general.

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 received no comments from the Small Business 
Administration on this rule. 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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.
    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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. 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).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 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 rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

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 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 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 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

[[Page 41891]]

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.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.324 to read as follows:


Sec.  117.324  Rice Creek.

    The CSX Railroad Swing Bridge, mile 0.8, in Putnam County, FL. 
shall open with a 24-hour advance notice to CSX at 1-800-232-0142.

P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-18708 Filed 9-1-17; 8:45 am]
 BILLING CODE 9110-04-P

41890 Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 / Rules and Regulations

navigation, because it would restrict This regulatory action determination D. Federalism and Indian Tribal
most vessels from using the waterway at is based on the continued ability for Government
all. CSX then requested modifying the vessels to transit the bridge given
bridge operations to 24 hour advance advanced notice and the small amount A rule has implications for federalism
notice at all times. CSX provided the of vessel traffic transiting the bridge in under Executive Order 13132,
Coast Guard a summary of bridge general. Federalism, if it has a substantial direct
opening logs that show eight openings effect on the States, on the relationship
in 2015, three openings in 2014, and B. Impact on Small Entities between the national government and
three openings in 2013. The Regulatory Flexibility Act of 1980 the States, or on the distribution of
This change will still allow vessels to (RFA), 5 U.S.C. 601–612, as amended, power and responsibilities among the
pass through the bridge while taking requires federal agencies to consider the various levels of government. We have
into account the reasonable needs of potential impact of regulations on small analyzed this rule under that Order and
other modes of transportation. This rule entities during rulemaking. The term have determined that it is consistent
would implement a 24 hour advance ‘‘small entities’’ comprises small with the fundamental federalism
notice to CSX for any openings. This businesses, not-for-profit organizations principles and preemption requirements
regulatory change is justified based on that are independently owned and described in Executive Order 13132.
the limited impact that it will have on operated and are not dominant in their Also, this rule does not have tribal
vessel traffic as shown by the small fields, and governmental jurisdictions implications under Executive Order
number of openings requested over with populations of less than 50,000. 13175, Consultation and Coordination
recent years. Emergency vessels and The Coast Guard received no comments with Indian Tribal Governments,
tugs with tows can still request from the Small Business Administration because it does not have a substantial
openings at any time. on this rule. The Coast Guard certifies direct effect on one or more Indian
IV. Discussion of Comments, Changes under 5 U.S.C. 605(b) that this rule will tribes, on the relationship between the
and the Final Rule not have a significant economic impact Federal Government and Indian tribes,
on a substantial number of small or on the distribution of power and
There were two comments received entities.
during the comment period. One responsibilities between the Federal
While some owners or operators of Government and Indian tribes.
comment from the Sheriff’s Department
vessels intending to transit the bridge
concerned not being able to respond to E. Unfunded Mandates Reform Act
may be small entities, for the reasons
possible emergencies up-river from the
stated in section V.A above, this rule
bridge. This is mitigated by protocols The Unfunded Mandates Reform Act
will not have a significant economic
established between the Sheriff’s of 1995 (2 U.S.C. 1531–1538) requires
impact on any vessel owner or operator.
Department and CSX for emergency Federal agencies to assess the effects of
Under section 213(a) of the Small their discretionary regulatory actions. In
openings. The second comment was via
Business Regulatory Enforcement particular, the Act addresses actions
letter from the Brotherhood of
Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a
Maintenance of Way Employees
we want to assist small entities in State, local, or tribal government, in the
Division (BMWED). The concerns were
understanding this rule. If the rule aggregate, or by the private sector of
multifold concerning; security and
would affect your small business, $100,000,000 (adjusted for inflation) or
maintenance. These were all submitted
organization, or governmental more in any one year. Though this rule
to CSX and answered to the satisfaction
jurisdiction and you have questions will not result in such an expenditure,
of BMWED.
concerning its provisions or options for we do discuss the effects of this rule
V. Regulatory Analyses compliance, please contact the person elsewhere in this preamble.
We developed this rule after listed in the FOR FURTHER INFORMATION
considering numerous statutes and CONTACT, above. F. Environment
Executive Orders related to rulemaking. Small businesses may send comments
on the actions of Federal employees We have analyzed this rule under
Below, we summarize our analyses
who enforce, or otherwise determine Department of Homeland Security
based on a number of these statutes and
compliance with, Federal regulations to Management Directive 023–01 and
Executive Orders, and we discuss First
the Small Business and Agriculture Commandant Instruction M16475.lD,
Amendment rights of protesters.
Regulatory Enforcement Ombudsman which guides the Coast Guard in
A. Regulatory Planning and Review and the Regional Small Business complying with the National
Executive Orders 12866 and 13563 Regulatory Fairness Boards. The Environmental Policy Act of 1969
direct agencies to assess the costs and Ombudsman evaluates these actions (NEPA) (42 U.S.C. 4321–4370f), and
benefits of available regulatory annually and rates each agency’s have made a determination that this
alternatives and, if regulation is responsiveness to small business. If you action is one of a category of actions
necessary, to select regulatory wish to comment on actions by which do not individually or
approaches that maximize net benefits. employees of the Coast Guard, call 1– cumulatively have a significant effect on
Executive Order 13771 directs agencies 888–REG–FAIR (1–888–734–3247). The the human environment. This rule
to control regulatory costs through a Coast Guard will not retaliate against simply promulgates the operating
budgeting process. This rule has not small entities that question or complain regulations or procedures for
been designated a ‘‘significant about this rule or any policy or action drawbridges. This action is categorically
excluded from further review, under
mstockstill on DSK30JT082PROD with RULES

regulatory action,’’ under Executive of the Coast Guard.
Order 12866. Accordingly, it has not figure 2–1, paragraph (32)(e), of the
C. Collection of Information Instruction.
been reviewed by the Office of
Management and Budget (OMB) and This rule calls for no new collection A preliminary Record of
pursuant to OMB guidance it is exempt of information under the Paperwork Environmental Consideration and a
from the requirements of Executive Reduction Act of 1995 (44 U.S.C. 3501– Memorandum for the Record are not
Order 13771. 3520). required for this rule.

VerDate Sep<11>2014 16:52 Sep 01, 2017 Jkt 241001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\05SER1.SGM 05SER1

Document Created: 2017-09-02 03:25:10
Document Modified: 2017-09-02 03:25:10

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		Rules and Regulations
Action		Final rule.
Dates		This rule is effective October 5, 2017.
Contact		If you have questions on this rule, call or email Mr. Eddie Lawrence, Coast Guard; telephone 305-415-6946, email [email protected]
FR Citation		82 FR 41889
RIN Number		1625-AA09

82 FR 41889 - Drawbridge Operation Regulation; Rice Creek, Putnam County, FL

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 170 (September 5, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard