[Federal Register Volume 82, Number 132 (Wednesday, July 12, 2017)]
[Proposed Rules]
[Pages 32157-32159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14606]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0108]
RIN 1625-AA09


Drawbridge Operation Regulation; Tombigbee River, Near Jackson, 
Alabama

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 Norfolk Southern Railroad (NSRR) Vertical Lift Span Bridge 
across Tombigbee River, mile 44.90, near Jackson, between Washington 
and Clarke Counties, Alabama. This rule proposes to move the current 
on-site bridge tender control station to a geographically remote 
centralized control point located in Decatur, Alabama.

DATES: Comments and related material must reach the Coast Guard on or 
before September 11, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0108 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instruction on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Ms. Donna Gagliano; Bridge Administration Branch, 
Eighth Coast Guard District; telephone 504-671-2128, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code
NSRR Norfolk Southern Railroad
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    In accordance with 33 CFR 117.42, the District Commander may 
authorize a drawbridge to operate under an automated system or from a 
remote location. The purpose of this rule is to allow the draw of this 
bridge to operate from a remote location. The draw will continue to be 
maintained in the open to navigation position except during the passage 
of trains. Mariners should not experience any changes in the level of 
service.

III. Discussion of the Proposed Rule

    The Coast Guard, at the request of NSRR, is changing the method of 
operation for the NSRR Vertical Lift Bridge across Tombigbee River, 
mile 44.90, near Jackson, Alabama. Due to the need for increased 
efficiency in railroad operations, NSRR requested a change to the 
method of operating the draw from on-site to a draw tender operating 
the bridge remotely.
    Presently, the draw is maintained in the open-to-navigation 
position and closed only for the passage of trains or maintenance. The 
bridge owner would like to operate the draw remotely using a drawtender 
at a centralized railroad operation in Decatur, Alabama, rather than 
maintaining the current on-site operation and drawtender. The 
implementation of this rule, in effect, removes the requirement that a 
drawtender be present on site at all times.
    Under the new remote operation procedure, the draw will continue to 
be maintained in the open-to-navigation position and lowered only for 
the passage of trains or for maintenance. There will be no 
modifications to the operation of the bridge as it relates to the 
passage of vessels. Instead, this change will allow the bridge owner to 
increase efficiency by coordinating bridge operations and vessel 
transits with train dispatch operations in Decatur, AL.

IV. 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 statues and Executive Orders and we discuss 
First Amendment rights of protesters.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, NPRM it has not 
been reviewed by the Office of Management and Budget.
    This interim rule is not a significant regulatory action because 
the draw will be maintained in the open-to-navigation position. 
Therefore, mariners will experience no changes in transiting through 
the bridge site. No new restrictions on or actions from the mariner are 
required by this rule.
    The intent of the proposed rule is to improve safety and efficiency 
of bridge operations as it relates to vessel and railroad traffic.
    Centralizing the bridge tender would have no impact on the existing 
regulations regarding hours or methods of bridge operations.

B. 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 will not have a significant economic impact on a 
substantial number of small entities.
    ``While some owners or operators of vessels intending to transit 
the bridge

[[Page 32158]]

may be small entities, for the reasons stated in section IV.A above 
this proposed rule would not have a significant economic impact on any 
vessel owner or operator.''
    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.
    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.

C. 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).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under E.O. 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 is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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.

F. 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. 
Normally such actions are categorically excluded from further review, 
under Table 3-2, (L49), of the Instruction.
    Under Table 3-2, (L49), of the Instruction, a Memorandum for the 
Record (MFR) is 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.

G. 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.

V. 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.
    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).
    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.

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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. In Sec.  117.118, redesignate introductory text as paragraph (a) and 
revise paragraphs (a) through (d) as paragraph (a)(1) through (a)(4); 
and add new paragraph (b) Tombigbee River to read as follows:


Sec.  117.118  Tombigbee River.

* * * * *
    (b) The draw of the NSRR Vertical Lift Bridge across the Tombigbee 
River, mile 44.90, near Jackson, Washington and Clarke Counties, 
Alabama shall be maintained as follows:
    (1) 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 or to perform periodic 
maintenance authorized in accordance with subpart A of this part.
    (2) The draw shall be remotely operated by the draw tender at 
Norfolk Southern Railroad's drawbridge in

[[Page 32159]]

Decatur, Alabama. The estimated duration that the bridge will remain 
closed for the passage of rail traffic is 10 to 15 minutes per 
operation.
    (3) When a train approaches the bridge, the draw tender will 
initiate the bridge closing warning signal, consisting of radio calls 
via VHF-FM channels 13 and 16 and activation of flashing red warning 
lights at each end of the span. The radio calls will be broadcast at 
five (5) minutes prior to bridge closing and at two (2) minutes prior 
to bridge closing. Photoelectric (infrared) boat detectors will monitor 
the waterway beneath the bridge for the presence of vessels.
    (4) The drawtender will continuously monitor waterway traffic in 
the area using closed-circuit cameras mounted on the bridge. The draw 
will only be closed if the draw tender's visual inspection indicates 
that the channel is clear and there are no vessels transiting in the 
area. The draw tender will maintain constant surveillance of the 
navigation channel to ensure that no conflict with maritime traffic 
exists. If two or more closed-circuit cameras are inoperable or if 
there is inclement weather, the draw will only be operated by a draw 
tender located on site at the bridge.
    (5) At the end of the two-minute warning period, if no vessels have 
been detected by the draw tender, the draw closing sequence will 
automatically proceed.
    (6) Upon passage of the train, the draw will be returned to the 
fully open-to-navigation position to allow marine traffic to pass. The 
warning lights will continue to flash red until the draw has returned 
to the fully open-to-navigation position at which time they will 
deactivate.
    (7) After the passage of each train, the draw must be returned to 
it fully open-to-navigation position.
    (8) To request openings of the draw when the vertical lift span is 
in the closed-to-navigation position, mariners may contact NSRR via 
VHF-FM channel 13 or by telephone at the number displayed on the signs 
posted at the bridge.
    (9) The draw will be operated locally if:
    (i) Communication is lost between the drawbridge and the draw 
tender in Decatur, Alabama;
    (ii) More than two closed-circuit cameras are not working;
    (iii) The marine radio is inoperable;
    (iv) Weather conditions warrant; or
    (v) Ordered by the Coast Guard.
* * * * *

    Dated: June 22, 2017.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2017-14606 Filed 7-11-17; 8:45 am]
BILLING CODE 9110-04-P