[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Rules and Regulations]
[Pages 43764-43766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15062]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD07-04-148]
RIN 1625-AA09


Drawbridge Operation Regulation; CSX Railroad, Hillsborough 
River, Mile 0.7, Tampa, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation 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 the CSX Railroad Bridge vice the Seaboard 
System Railroad Bridge. This rule allows the bridge to operate using an 
automated system without an onsite bridge tender.

DATES: This rule is effective August 29, 2005.

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 docket [CGD07-04-148] and are available for inspection or 
copying at Commander (obr), Seventh Coast Guard District, 909 SE 1st 
Avenue, Suite 432, Miami, Florida 33131-3050, between 7:30 a.m. and 4 
p.m., Monday through Friday, except Federal holidays. Bridge Branch 
(obr), Seventh Coast Guard District, maintains the public docket for 
this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Gwin Tate, Project Manager, 
Seventh Coast Guard District, Bridge Branch, (305) 415-6747.

[[Page 43765]]


SUPPLEMENTARY INFORMATION:

Regulatory History

    On March 3, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; CSX Railroad, 
Hillsborough River, Mile 0.7, Tampa, FL, in the Federal Register (70 FR 
10349). We received no letters commenting on the proposed rule. No 
public meeting was requested, and none was held.

Background and Purpose

    The CSX Railroad owner requested that the Coast Guard remove the 
existing regulation governing the operation of the CSX Railroad Bridge 
over the Hillsborough River and allow the bridge to operate on an 
automated system. The request was made because there is only one train 
transit per day. The CSX Railroad Bridge is located on the Hillsborough 
River, Mile 0.7, Tampa, FL. 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.

Discussion of Comments and Changes

    We received no comments on the NPRM. This change will allow the 
bridge to open automatically, using a system of electronic signals and 
laser scanners to operate the closing and opening sequence.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation 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 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. This rule will 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. The 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. The 
Coast Guard offered to assist small businesses, organizations, or 
governmental jurisdictions by providing a contact person listed in the 
FOR FURTHER INFORMATION CONTACT section for additional information.
    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 this preamble.

Taking of Private Property

    This rule will 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 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 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 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not

[[Page 43766]]

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 rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.1D, 
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 because it deals with drawbridge operations. Under figure 
2-1, paragraph (32)(e), of the Instruction, an ``Environmental Analysis 
Check List'' and a final ``Categorical Exclusion Determination'' are 
not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.


0
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; 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. 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: July 15, 2005.
D.B. Peterman,
RADM, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 05-15062 Filed 7-28-05; 8:45 am]
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