[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57026-57029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22797]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0764]
RIN 1625-AA09


Drawbridge Operation Regulation; Black Warrior River, AL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adding a special operating regulation 
governing the Alabama Gulf Coast Railroad (AGR) vertical lift span (Yo-
Yo) bridge across the Black Warrior River, mile 219.0, at Demopolis, 
AL. The bridge is operated automatically and currently remains in the 
open-to-navigation position and only lowers for the passage of trains. 
This rule proposes to codify the current operating schedule of the 
bridge as a special operating regulation.

DATES: This rule is effective September 17, 2012.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket USCG-2012-0764 and are available by 
going to http://www.regulations.gov, inserting USCG-2012-0764 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the 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, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
USACE U.S. Army Corps of Engineers
U.S.C. United States Code

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard is only codifying the 
known and accepted operation of the drawbridge that has been automated 
for over 50 years. Publication of the automated operation of the 
drawbridge will not modify the present operation of the

[[Page 57027]]

bridge and mariners will notice no changes in the way the bridge 
operates for the passage of vessels. Therefore, it is unnecessary to 
provide the notice and comment period for this rule.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard 
finds that good cause exists for making this rule effective in less 
than 30 days after publication in the Federal Register (FR). The bridge 
has been operating under the automated system for over 50 years. 
Mariners presently understand that the bridge will remain in the open 
position and only be lowered for the passage of trains. They also 
understand that no tender is located at the bridge and the operation of 
the bridge is automated. The bridge is commonly referred to as the 
``Yo-Yo'' bridge because of the automated operation of the bridge. This 
rule only codifies the operation of the automated bridge in the Code of 
Federal Regulations (CFR). Therefore, providing a 30 day notice before 
making this rule effective is unnecessary.

B. Basis and Purpose

    The AGR vertical lift span (Yo-Yo) bridge across the Black Warrior 
River, mile 219.0, at Demopolis, AL, is currently maintained in the 
open-to-navigation position, closing only for the passage of rail 
traffic. The bridge has a vertical clearance of 18 feet above the 
Bridge Reference Elevation for Navigation Clearances (BRENC), elevation 
79.8 feet NGVD, in the closed-to-navigation position and 62.9 feet 
above BRENC in the open-to-navigation position.
    Due to the limited number of trains using the rail line in this 
area, maintaining the bridge in the fully open-to-navigation position 
and only lowering the bridge for rail traffic is the preferred 
operating schedule. The system for operation of the bridge is an 
automated system in place since 1961. The method of operation for the 
bridge to remain open to navigation and to signal and then close for 
the passage of a train and then to automatically reopen has been 
understood by mariners for over 50 years. Due to this method of 
operation, the bridge is commonly known as the Yo-Yo Bridge. Because 
this operating schedule has been in place for over 50 year and is 
understood and accepted by local traffic, the bridge owner requested 
that the Coast Guard publish the current operating schedule. This 
operating schedule allows vessels to transit the waterway as normal 
while permitting the bridge to lower for train traffic after ensuring 
that no vessels are approaching the bridge.
    The automated system for operating the bridge allows the bridge to 
operate efficiently while remaining untended and in the open-to-
navigation position. This rule codifies this practice by publishing the 
known and accepted operating schedule under 33 CFR 117.42.

C. Discussion of Final Rule

    Under 33 CFR part 117.5, bridges are required to open on signal for 
the passage of vessels except as otherwise authorized or required. The 
Yo-Yo Bridge is currently untended and maintained in the open-to-
navigation position and operates automatically to close for the passage 
of trains. As the bridge is presently operating as an automated 
drawbridge and this method of operation has been previously approved by 
the U.S. Army Corps of Engineers when they had oversight of the 
permitting and operations of drawbridges. Title 33 CFR 117.42(b) 
requires that, if approved, a description of the full operation of the 
remotely operated or automated drawbridge will be added to subpart B of 
this part.
    This present method of operation is known and understood by the 
local waterway users, but this operating schedule is not reflected in 
the CFR. This rule publishes the known operating schedule, codifying 
the schedule as a Special Operating Requirement under 33 CFR part 117, 
Subpart B.
    The automated operation of the draw of the AGR vertical lift span 
(Yo-Yo) bridge across the Black Warrior River, mile 219.0, at 
Demopolis, AL is as follows:
    (a) The draw shall be maintained in the fully open-to-navigation 
position for vessels at all times, except during periods when it is 
closed for the passage of rail traffic.
    (b) When rail traffic approaches, railroad track circuits will 
initiate the automatic bridge opening and closing sequences. (Estimated 
duration that the bridge will remain closed for passage of rail traffic 
is 10 to 15 minutes per closure.)
    (c) Upon detecting approaching rail traffic, the track circuits 
will initiate bridge closing warnings consisting of continuous horn 
blowing and the navigation lights changing to flashing yellow. Photo-
electric (infrared) boat detectors will monitor the waterway beneath 
the bridge for the presence of vessels.
    (d) At the end of a six-minute warning period, if no vessels have 
been detected by the boat detectors, the bridge lowering sequence will 
automatically proceed taking approximately two minutes to complete. As 
soon as the bridge leaves the up position, the horn will silence but 
the navigation lights change to flashing red.
    (e) Upon passage of the rail traffic, the bridge will automatically 
open unless another movement is detected. The navigation lights will 
continue to flash red until the bridge has returned to the full open 
position at which time they will change to steady green.
    (f) The bridge can also be operated from two locked trackside 
control locations (key releases) on the approach spans, one on each 
side of the movable span.
    (g) To request openings of the bridge when the lift span is in the 
closed-to-navigation position, mariners may contact the AGR via VHF-FM 
channel 16 or by telephone at 205-654-4364.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 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.
    This rule codifies the current operating schedule for the AGR 
bridge which is already understood, known and accepted by the local 
bridge and waterway users. Very few vessels will be impacted as the 
bridge remains open at all times except to allow rail traffic to pass.

2. Impact on Small Entities

    This rule would affect the following entities, some of which may be 
small entities: the owners or operators of vessels wishing to transit 
the Black Warrior River above mile 219.0 with vessel air drafts that 
would require the bridge to be open to navigation for them to pass 
safely through the bridge site.
    This action will not have a significant economic impact on a 
substantial number of small entities because the bridge remains open at 
all times except to allow rail traffic to pass.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-

[[Page 57028]]

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.

4. Collection of Information

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

14. 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 determined 
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 rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

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. Section 117.106 is added to read as follows:


Sec.  117.106  Black Warrior River.

    The draw of the Alabama Gulf Coast (AGR) vertical lift span (Yo-Yo) 
bridge across the Black Warrior River, mile 219.0, at Demopolis, shall 
operate as follows:
    (a) The draw shall be maintained in the fully open-to-navigation 
position for vessels at all times, except during periods when it is 
closed for the passage of rail traffic.
    (b) Railroad track circuits will initiate the automatic bridge 
opening and closing sequences. (Estimated duration that the bridge will 
remain closed for passage of rail traffic is 10 to 15 minutes.)
    (c) Upon detecting an approaching train, the track circuits will 
initiate bridge closing warning consisting of continuous horn blowing 
and the navigation lights changing to flashing yellow. Photoelectric 
(infrared) boat detectors will monitor the waterway beneath the bridge 
for the presence of vessels.
    (d) At the end of a six-minute warning period, if no vessels have 
been detected by the boat detectors, the bridge

[[Page 57029]]

lowering sequence will automatically proceed taking approximately two 
minutes to complete. As soon as the bridge leaves the up position, the 
horn will silence but the navigation lights change to flashing red.
    (e) Upon passage of the train, the bridge will automatically open 
unless another movement is detected. The navigation lights will 
continue to flash red until the bridge has returned to the full open 
position at which time they will change to steady green.
    (f) The bridge can also be operated from two locked trackside 
control location (key releases) on the approach spans, one on each side 
of the movable span.
    (g) To request openings of the bridge when the lift span is in the 
closed-to-navigation position, mariners may contact the AGR via VHF-FM 
channel 16 or by telephone at 205-654-4364.

    Dated: August 25, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2012-22797 Filed 9-14-12; 8:45 am]
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