[Federal Register Volume 70, Number 41 (Thursday, March 3, 2005)]
[Proposed Rules]
[Pages 10349-10351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4129]


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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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