[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Proposed Rules]
[Pages 67677-67680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27999]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0271]


Drawbridge Operation Regulation; New River, Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the Florida East Coast Railway (FEC) Railroad Bridge across the 
New River, mile 2.5, at Fort Lauderdale, FL. This proposed rule 
implements requirements for the operator designed to ensure that 
adequate notice of bridge closure times are available to the waterway 
traffic. It also changes the on demand schedule to an operating 
regulation requiring the bridge to be open at least 60 minutes in every 
2 hour period. Modifying the bridge operating schedule will allow the 
bridge owner to operate the bridge remotely with assistance from the 
onsite bridge tender.

DATES: Comments and related material must reach the Coast Guard on or 
before December 3, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0271 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Rod Elkins with the Coast Guard; telephone 305-
415-6989, email [email protected].

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
U.S.C. United States Code
FEC Florida East Coast Railway

A. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this notice, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions. Additionally, 
if you go to the online docket and sign up for email alerts, you will 
be notified when comments are posted or a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

B. Regulatory History and Information

    From May 18 through October 16, 2015, a test deviation was in 
effect for the FEC Railroad Bridge (80 FR 28184). The comment period 
ended on 17 August 2015. There were eight comments received from the 
test deviation. Of these comments, three comments expressed opposition 
to a

[[Page 67678]]

future rail project, which we would like to emphasize, is not the focus 
of this proposed regulation. One comment opposed the proposed 
modification and recommended a schedule of four 15 minute openings 
every two hours. Based on input from the bridge owner and input 
gathered at Coast Guard public meetings, the Coast Guard determined 
that this is not a viable option because trains would have considerable 
difficulty coordinating passage across the bridge with this schedule. 
Additionally, it would not benefit waterway users, because the proposed 
regulation provides for the same minimum opening times in a two hour 
period, and it is more flexible because the bridge will remain open 
when trains are not crossing. The remaining four comments supported the 
proposed modification, but recommended minimum time limits to bridge 
openings. A temporary deviation was conducted and waterway users were 
satisfied with the operating schedule implemented, but requested a 
minimum time limit of 15 minutes for each opening. We refrained from 
specifying such limits because these limits would require the bridge to 
remain open for 15 minutes or more when less time may be adequate for 
vessel traffic to pass. For example, if the bridge was closed for a 
train crossing and another train was crossing five minutes later, the 
bridge would remain closed until the later train passed. Establishing a 
minimum amount of time for the bridge to remain open could unduly 
restrict the tender from conducting a short duration opening to allow a 
vessel through. The Coast Guard anticipates the proposed regulation 
will meet or exceed the recommended minimum time limits while allowing 
for more flexibility to accommodate vessel traffic.
    One of the eight comments requested a public meeting. A public 
meeting was held on 12 November 2014, and the proposed schedule 
modification was developed from the input received from the public 
meeting.

C. Basis and Purpose

    Presently, in accordance with 33 CFR 117.5, the FEC Railroad Bridge 
is required to open on signal for the passage of vessels.
    Prior to implementing a test deviation on May 18, 2015, the Bridge 
operated without a tender or monitor. An automated system closed the 
Bridge when a train approached and reopened the Bridge when a train 
cleared. The Coast Guard received multiple complaints from mariners 
because there was no means of obtaining notice of bridge closure times 
or potential closure duration. The proposed schedule, discussed further 
below, balances the reasonable needs of waterway traffic on the New 
River with train traffic moving through condensed population areas such 
as Ft. Lauderdale where train schedules at the crossings cannot be 
precisely timed because of delays caused by train car loading and 
vehicular traffic crossing the track.
    Also, train bridges must be in the down position well in advance of 
the train's arrival to ensure that it can safely navigate the bridge or 
stop if there are problems with the bridge. The purpose of this 
proposed regulation is to improve navigation on the New River through 
increased communications and closure time limits.
    The FEC Railroad Bridge across the New River, mile 2.5, at Fort 
Lauderdale, FL is a single leaf bascule bridge. It has a vertical 
clearance of 4 feet at mean high water in the closed position and 
horizontal clearance of 60 feet. Traffic on the waterway includes both 
commercial and recreational vessels.

D. Discussion of Proposed Rule

    This proposed rule is for the draw of the FEC Railroad Bridge 
across the New River, mile 2.5, at Fort Lauderdale, FL, to operate as 
follows:
    (a) The bridge shall be tended constantly.
    (b) The bridge tender will utilize a VHF-FM radio to communicate on 
channels 9 and 16 and may be contacted by telephone at 305-889-5572.
    (c) Signs will be posted displaying VHF radio contact information 
and telephone numbers for the bridge tender and dispatch. A countdown 
clock giving notice of the time remaining before bridge closure shall 
be posted at the bridge site and visible for maritime traffic.
    (d) A bridge log will be maintained including, at a minimum, bridge 
opening and closing times.
    (e) When the draw is in the fully open position, green lights will 
be displayed to indicate that vessels may pass.
    (f) When a train approaches, the lights flash red and a horn starts 
four blasts, pauses, and then continues four blasts, then the draw 
lowers and locks.
    (g) After the train has cleared the bridge, the draw opens and the 
lights turn to green.
    (h) The bridge shall not be closed more than 60 minutes combined 
for any 120 minute time period beginning at 12:01 a.m. each day.
    (i) The bridge shall remain open to maritime traffic when trains 
are not crossing.

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 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 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 regulatory action is not a significant regulatory action 
because it will still allow vessels to pass through the bridge at more 
consistant intervals while taking into account the reasonable needs of 
other modes of transportation.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 
needing to transit the bridge may experience delays when the bridge is 
closed to allow train crossings. Vessels will still be allowed to 
transit this waterway but at more consistent and shorter intervals. 
This change in operating schedule will still meet the reasonable needs 
of navigation while taking into account other modes of transportation.
    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.

[[Page 67679]]

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. 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 proposed 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 
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause 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.

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 one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed 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 proposed 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

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. In Sec.  117.313, revise paragraphs (c), (d) and (e) to read as 
follows:
* * * * *
    (c) The following requirements apply to the Florida East Coast 
Railway Railroad Bridge across the New River, mile 2.5, at Fort 
Lauderdale, FL:
    1. The bridge shall be constantly tended.
    2. The bridge tender will utilize a VHF-FM radio to communicate on 
channels 9 and 16 and may be contacted by telephone at 305-889-5572.
    3. Signs will be posted displaying VHF radio contact information 
and telephone numbers for the bridge tender and dispatch. A countdown 
clock giving notice of time remaining before bridge closure shall 
remain at the bridge site and must be visible for maritime traffic.
    4. A bridge log will be maintained including, at a minimum, bridge 
opening and closing times.
    5. When the draw is in the fully open position, green lights will 
be displayed to indicate that vessels may pass.
    6. When a train approaches, the lights go to flashing red and a 
horn starts four blasts, pauses, and then continues four blasts then 
the draw lowers and locks.
    7. After the train has cleared the bridge, the draw opens and the 
lights return to green.
    8. The bridge shall not be closed more than 60 minutes combined for 
any 120 minute time period beginning at 12:01 a.m. each day.
    9. The bridge shall remain open to maritime traffic when trains are 
not crossing.
    (d) Reserved
    (e) The draw of the Marshal (Seventh Avenue) bridge, mile 2.7 at 
Fort Lauderdale shall open on signal; except

[[Page 67680]]

that, from 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6 p.m., Monday through 
Friday, except Federal holidays, the draw need not open. Public vessels 
of the United States, tugs with tows, and vessels in distress shall be 
passed at any time.

    Dated: October 22, 2015.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2015-27999 Filed 11-2-15; 8:45 am]
 BILLING CODE 9110-04-P