[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Proposed Rules]
[Pages 44525-44528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18343]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0470]
RIN 1625-AA09


Drawbridge Operation Regulation; Apalachicola River, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedules for 
two bridges that cross the Apalachicola River in Florida. First, the 
CSX Railroad requested to modify the operating schedule of their swing 
bridge at mile 105.9, at River Junction to require eight hours advanced 
notice at all times. Second, the Apalachicola and Northern Railroad 
(ANRR) requested to maintain the swing bridge at mile 4.5 (GIWW mile 
347.0 East of Harvey Lock (EHL)), at Apalachicola, untended and in the 
open-to-navigation position at all times.

DATES: Comments and related material must reach the Coast Guard on or 
before September 28, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0470 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email David Frank, Bridge Administration Branch; 
telephone 504-671-2128, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2012-0470), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2012-0470'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2012-0470'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

[[Page 44526]]

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why a public meeting 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.

B. Regulatory History and Information

    The Code of Federal Regulations (CFR) under 33 CFR 117.5 requires 
that except as otherwise authorized by this part, drawbridges must open 
promptly and fully for the passage of vessels when a request or signal 
to open is given in accordance with this subpart. Presently, one bridge 
over the Apalachicola River is listed as having a special operating 
schedule under 33 CFR 117 Subpart B--Specific Requirements. Under 33 
CFR 117.258, the draw of the CSX Railroad bridge at River Junction, 
mile 105.9 on the Apalachicola River, 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 four hours notice is given. This rule 
proposes to change the notice required for opening from four hours to 
eight hours for the CSX Railroad bridge.
    A second bridge, the ANRR bridge at mile 4.5 on the Apalachicola 
River, (GIWW mile 347.0 EHL) in Apalachicola does not have a specific 
operating schedule, opening as required under 33 CFR 117.5. The Port of 
St. Joe, FL, owner of the bridge, has taken the rail line out of 
service and has an embargo to cease train operations for Port St. Joe 
and north of the Apalachicola River due to the absence of shipments 
coming in/out of Port St. Joe. While the embargo remains in effect, the 
operator of the bridge, ANRR, requests to maintain the swing bridge in 
the open-to-navigation position in accordance with 33 CFR 117.41. This 
rule proposes to add an operating schedule specific to the ANRR bridge 
under 33 CFR 117.258, stating that the bridge will be maintained in the 
open-to-navigation position.
    Prior to the requests to change the operating schedules for these 
two bridges, no previous requests for changes have been received. These 
requests were initiated without consultation of waterway users but the 
USCG Bridge Administration Office in New Orleans was consulted for 
guidance on how to comply with the requirements of 33 CFR 117.41.

C. Basis and Purpose

    The CSX swing bridge across the Apalachicola River, mile 105.9, 
presently opens on signal for the passage of vessels Monday through 
Friday from 8 a.m. until 4 p.m. At all other times, the bridge opens on 
signal if at least four hours advanced notice is given. 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 2010, the bridge opened 12 times for the passage of 
vessels. Eight of those openings were for either a United States Coast 
Guard (USCG) vessel or for a United States Army Corps of Engineers 
(USACE) vessel. In 2011, the bridge opened four times for the passage 
of vessels. Three of those openings were for either a USCG vessel or 
for a USACE vessel. Thus far in 2012, the bridge has only opened one 
time for a USACE vessel. It should be noted that all of the openings in 
the past three years have occurred between 8 a.m. and 4 p.m.; 
therefore, the bridge opened on signal for their passages. Information 
gathered regarding the decrease in vessel movements indicates that the 
lack of commercial facilities and the lack of maintenance on the 
waterway have contributed to the decline in traffic. 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 is allowed to open on signal 
at all times if at least eight hours advanced notification is given. 
USACE and USCG units using the waterway indicated that the proposed 
change to the operation of the bridge will not affect their ability to 
maintain the waterway and they have no objections to the proposed 
change.
    The ANRR swing span bridge crosses the Apalachicola River at mile 
4.5 (GIWW mile 347.0 EHL) and is required to open on signal for the 
passage of vessels. Since the bridge owner applied for and received an 
embargo for the suspension of train traffic on the line, the operation 
of the bridge is unnecessary and the operator of the bridge requested 
permission to leave the bridge in the open-to-navigation position and 
have the bridge untended. The bridge provides unlimited vertical 
clearance and 119 feet of horizontal clearance in the open-to-
navigation position. Transit times for mariners should not be impeded 
with the bridge left in the open-to-navigation position. The bridge 
owner/operator will be required to maintain all bridge navigation 
lights in proper working order and will be required to periodically 
check the lights to see that they are working.

D. Discussion of Proposed Rule

    The proposed rule for the CSX Railroad Bridge will require all 
vessels wishing to transit through the bridge site and needing the 
bridge to be opened for their passage to provide eight hours advanced 
notification. The proposed rule will require mariners to provide an 
additional four hours of advanced notification of arrival to transit 
through the bridge. For vessels wishing to transit through the bridge 
site between the hours of 8 a.m. and 4 p.m. Monday through Friday, 
these vessel operators will now be required to contact the bridge owner 
at least eight hours prior to transiting the bridge. As all openings in 
the past three years have been during the day, this requirement will be 
new to any vessels wishing to transit through the bridge site during 
these time frames. Several government vessels transit the waterway past 
the bridge site to conduct maintenance on the waterway. USACE and USCG 
units transiting the waterway indicated that the proposed change to the 
operation of the bridge will not affect their ability to maintain the 
waterway and they have no objections to the proposed change.
    The proposed rule for the ANRR bridge should not cause any undue 
burden on any vessels as the bridge will remain in the open-to-
navigation position and allow all vessels presently using the waterway 
at the bridge site to transit the bridge site without delay.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order

[[Page 44527]]

13563, Improving Regulation and Regulatory Review, and does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
Order 12866 or under section 1 of Executive Order 13563. The Office of 
Management and Budget has not reviewed it under those Orders.
    We consider the changes proposed in this rule to be minimal that a 
full Regulatory Evaluation is unnecessary. Very few vessels will be 
impacted by the proposed changes and those few vessels should be able 
to provide adequate advanced notification of their arrivals as is 
already done for the CSX Railroad bridge and vessels may transit 
through the ANRR bridge without delay as it will be maintained in the 
open-to-navigation position.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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 
needing to transit the Apalachicola River above mile 105.9. This action 
will not have a significant economic impact on a substantial number of 
small entities because these few vessels should be able to provide 
adequate advanced notification of their arrivals as is already done on 
this waterway for three other movable bridges located upstream and 
downstream of this bridge.
    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.

3. 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 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 the FOR 
FURTHER INFORMATION CONTACT, above. 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.

4. 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).

5. Federalism

    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 proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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 between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use 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.

13. Technical Standards

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

14. 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 not likely to have 
a significant effect on the human environment. This proposed rule 
involves the regulation of drawbridge operations. This rule is 
categorically excluded from further review under paragraph 32(e) of 
Figure 2-1 of the Commandant Instruction. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

[[Page 44528]]

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

    2. In Sec.  117.258, a new paragraph (a) is added and the current 
regulation is revised and redesignated as paragraph (b) to read as 
follows:


Sec.  117.258  Apalachicola River.

    (a) The draw of the Apalachicola and Northern Railroad Bridge, mile 
4.5 (GIWW mile 347.0 EHL), at Apalachicola, is maintained in the fully 
open-to-navigation position and untended. The bridge will not be 
returned to service until proper notification is published in Federal 
Register.
    (b) The draw of the CSX Railroad Bridge, mile 105.9, at River 
Junction shall open on signal if at least eight hours notice is given.

    Dated: July 13, 2012.
Peter Troedsson,
Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District, 
Acting.
[FR Doc. 2012-18343 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-04-P