[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29063-29065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13205]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0857]
RIN 1625-AA09
Drawbridge Operation Regulation; St. Johns River, Putnam County,
FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Buffalo Bluff CSX Railroad Bridge across the St. Johns
River, mile 94.5, at Satsuma, Putnam County, FL. The rule allows the
bridge to be remotely monitored and operated from the CSX Railroad
Bridge across the Ortega River (McGirts Creek) located at mile 1.1 on
the Ortega River. The rule also allows the draw to remain in the full,
open position unless a train is in the circuit.
DATES: This rule is effective July 22, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0857 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Emily T. Sysko, Sector Jacksonville, Waterways
Management Division, U.S. Coast Guard; telephone 904-714-7616, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 27, 2018, we published a temporary deviation entitled
``Drawbridge Operation Regulation; St. Johns River, Putnam County, FL''
in the Federal Register (82 FR 08866). We received no comments on this
rule. On March 5, 2019, we published a notice of proposed rulemaking
entitled ``Drawbridge Operation Regulation; St. Johns River, Putnam
County, FL'' in the Federal Register (82 FR 03904). We received no
comments on this rule.
III. Legal Authority and Need for Rule
The bridge owner, CSX Transportation, requested the Coast Guard
consider allowing remote operation of the Buffalo Bluff CSX Railroad
Bridge across the St. Johns River, mile 94.5, at Satsuma, Putnam
County, Florida. The Buffalo Bluff CSX Railroad Bridge across the St.
Johns River, Putnam is a bascule bridge. The bridge is currently manned
and maintained in the open position. It has a vertical clearance of 7
feet at mean high water in the closed position and a horizontal
clearance of 90 feet.
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard is modifying the operating schedule that governs
the Buffalo Bluff CSX Railroad Bridge across St. Johns River, mile
94.5, at Satsuma, Putnam County, FL. The bridge is currently manned and
maintained in the open position.
This rule allows the bridge to be remotely monitored and operated.
Visual monitoring of the waterway shall be maintained with the use of
cameras and the detection of vessels under the span shall be
accomplished with detection sensors. Marine radio communication shall
be maintained with mariners near the bridge for the safety of
navigation. The remote tender may also be contacted via telephone at
(386) 649-8538. The span is normally in the fully open position and
will display green lights to indicate that the span is fully open. When
a train approaches, the remote tender shall monitor for vessels
approaching the bridge. The remote tender shall warn approaching
vessels via marine radio, channel 9 VHF of a bridge lowering. Provided
the sensors do not detect a vessel under the
[[Page 29064]]
span, the tender shall initiate the span lowering sequence, which
includes the sounding of a horn and the displaying of red lights. The
span will remain in the down position for a minimum of eight minutes or
for the entire time the approach track circuit is occupied. After the
train has cleared the bridge track circuit, the span shall open and the
green lights will be displayed. This rule allows vessels to pass
through the bridge while taking into account the reasonable needs of
other modes of transportation.
On April 27, 2017, the Coast Guard published a notice of temporary
deviation from drawbridge regulation with request for comments in the
Federal Register (82 FR 08886) to test proposed changes. The Coast
Guard provided a comment period of 109 days and no comments were
received during the test period. On March 5, 2019, we published a
notice of proposed rulemaking entitled ``Drawbridge Operation
Regulation; St. Johns River, Putnam County, FL'' in the Federal
Register (82 FR 03904). The Coast Guard provided a comment period of 60
days and no comments were received.
V. 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 and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the following
reasons: (1) The draw will remain open for vessel traffic except when
trains are passing; and (2) vessels that can transit under the bridge
without an opening may do so at anytime.
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 received no comments from the Small Business
Administration on this rule. 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.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator. 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 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.
C. 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).
D. Federalism and Indian Tribal Government
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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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.
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 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 rule under Department of Homeland Security
Management Directive 023-01 and U.S. Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series), which guides the Coast Guard in
complying with the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321-4370f). We have made a determination that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule
promulgates the operating regulations or procedures for drawbridges.
This action is categorically excluded from further review, under
paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard
Environmental Planning Implementation Procedures.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this 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.
[[Page 29065]]
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 117.325 by adding paragraph (c) to read as follows:
Sec. 117.325 St. Johns River.
* * * * *
(c) The draw for the Buffalo Bluff CSX automated Railroad Bridge,
St. Johns River, mile 94.5 at Satsuma, Putnam County, FL shall operate
as follows:
(1) The bridge is not tendered locally, but will be operated and
monitored by a remote tender.
(2) The bridge shall have local and mechanical override
capabilities over the remote operation.
(3) Marine radio communication shall be maintained with mariners
near the bridge for the safety of navigation. Visual monitoring of the
waterway shall be maintained with the use of cameras and the detection
of vessels under the span shall be accomplished with detection sensors.
(4) The span is normally in the fully open position and will
display green lights to indicate that the span is fully open.
(5) When a train approaches, the remote tender shall monitor for
vessels approaching the bridge. The remote tender shall warn
approaching vessels via marine radio, channel 9 VHF of a bridge
lowering. The remote tender may also be contacted via telephone at
(386) 649-8538.
(6) Provided the sensors do not detect a vessel under the span, the
tender shall initiate the span lowering sequence, which includes the
sounding of a horn and the displaying of red lights. The span will
remain in the down position for a minimum of eight minutes or for the
entire time the approach track circuit is occupied.
(7) After the train has cleared the bridge track circuit, the span
shall open and the green lights will be displayed.
Dated: June 11, 2019.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2019-13205 Filed 6-20-19; 8:45 am]
BILLING CODE 9110-04-P