[Federal Register Volume 68, Number 140 (Tuesday, July 22, 2003)]
[Rules and Regulations]
[Pages 43305-43306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18522]



[[Page 43305]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-03-007]
RIN 1625-AA09


Drawbridge Operation Regulation; Apalachicola River, River 
Junction, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the existing drawbridge operation 
regulation for the draw of the CSX Railroad swing bridge across the 
Apalachicola River, mile 105.9, at River Junction (near Chattahoochee), 
Florida. The regulation will allow the bridge to be unmanned and remain 
closed during hours of infrequent traffic with an advance notification 
requirement to open the bridge.

DATES: This rule is effective August 21, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of the docket and are available for inspection or copying at 
the office of the Eighth Coast Guard District, Bridge Administration 
Branch, 501 Magazine Street, New Orleans, Louisiana 70130-3396, between 
7 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (504) 589-2965. The Bridge Administration Branch 
maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration 
Branch, at (504) 589-2965.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On April 10, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Apalachicola River, 
River Junction, Florida in the Federal Register (68 FR 17571). We 
received no letters commenting on the proposed rule. No public meeting 
was requested, and none was held.

Background and Purpose

    The CSX swing bridge across the Apalachicola River, mile 105.9, 
presently opens on signal for the passage of vessels. The bridge owner 
has requested to change the operation regulations to reflect usage of 
the bridge by mariners. The request was made based upon a documented 
decrease in the number of requests for openings in the last three 
years. In 2000, the bridge opened 63 times for the passage of vessels. 
In 2001, the bridge opened 38 times for the passage of vessels. In the 
first five months of 2002, the bridge opened 15 times for the passage 
of vessels. Information gathered regarding the decrease in vessel 
movements indicates that the closure of a sand and gravel facility 
above the bridge and a prolonged drought are the main contributing 
factors. While water elevations may return to their pre-drought levels, 
there is presently no evidence that the number of requests for bridge 
openings will increase in the future due to limited industrial 
development along the waterway. Accordingly, the bridge owner requested 
to change the operation regulations so that the bridge be allowed to 
open on signal from 8 a.m. until 4 p.m. Monday through Friday. At all 
other times, the bridge will open on signal if at least four hours 
advanced notification is given.

Discussion of Comments and Changes

    No comments were received to the NPRM and no changes were made to 
the proposed regulation.

Regulatory Evaluation

    This 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).
    This rule allows vessels ample opportunity to transit this waterway 
during normal weekdays and with minimal notification at all other 
times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process.
    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 rule calls 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 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in the preamble.

Taking of Private Property

    This rule will 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 rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to

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minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not cause an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this 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 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 rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction, from further environmental 
documentation. Paragraph 32(e) excludes the promulgation of operating 
regulations or procedures for drawbridges from the environmental 
documentation requirements of the National Environmental Policy Act 
(NEPA). Since this final rule will alter the normal operating 
conditions of the drawbridge, it falls within this exclusion. A final 
``Environmental Analysis Check List'' and a final ``Categorical 
Exclusion Determination'' are available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out in the preamble, the Coast Guard is amending 
part 117 of title 33, Code of Federal Regulations 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Sec.  117.258 is added to read as follows:


Sec.  117.258  Apalachicola River.

    The draw of the CSX Railroad bridge, mile 105.9, at River Junction 
shall open on signal Monday through Friday from 8 a.m. until 4 p.m. At 
all other times the bridge will open on signal if at least 4 hours 
notice is given.

    Dated: July 10, 2003.
R.F. Duncan,
Rear Admiral, Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 03-18522 Filed 7-21-03; 8:45 am]
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