[Federal Register Volume 85, Number 106 (Tuesday, June 2, 2020)]
[Rules and Regulations]
[Pages 33550-33553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09853]
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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: Final rule.
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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Norfolk Southern Railroad (NSRR) vertical lift bridge
across the Tombigbee River, mile 89.9, near Jackson, between Washington
and Clarke Counties, Alabama. This rule moves the current onsite bridge
tender control station to a geographically remote centralized control
point located in Decatur, AL.
DATES: This rule is effective July 2, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0108 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 about this
rulemaking, call or email Mr. Doug Blakemore, Eighth Coast Guard
District Bridge Administrator; telephone (504) 671-2128, 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)
NSRR Norfolk Southern Railroad
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The NSRR vertical lift bridge is maintained in the open to vessel
position except when trains need to pass or when maintenance is
performed. This bridge has a 44.09' above normal pool elevation
vertical clearance in the closed to vessel position and a vertical
clearance of 73' above normal pool elevation when raised to its maximum
height. The bridge has a 300' horizontal clearance. This bridge is
located on a major commercial waterway used primarily by tugs, tows and
barges. The drawbridge is regulated under 33 CFR 117.5 and opens on
signal.
NSRR has developed a system of closed circuit cameras (CCTV),
infrared sensors, VHF and landline communications, positive train
control dispatch, programmable logic control, display monitors, vessel
identification systems and procedures that allow a remote operator to
perform all assignments of an onsite drawtender.
In December 2016 NSRR requested to operate the Tombigbee River
bridge from a remote NSRR location in Decatur, AL. NSRR informed the
Coast Guard that the bridge would operate under the following
conditions.
(1) The draw would be maintained in the fully open to navigation
position for vessels at all times, except during periods when it would
be closed for the passage of rail traffic or to perform periodic
maintenance authorized in accordance with the regulations.
(2) The draw would be remotely operated by the drawtender located
at Norfolk Southern's drawbridge in Decatur, Alabama. The estimated
duration that the bridge would remained closed for the passage of rail
traffic would be 10 to 15 minutes per operation.
(3) When a train approached the bridge, the drawtender would
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 would be broadcast at
five (5) minutes prior to bridge closing and at two (2) minutes prior
to bridge closing. Photoelectric (infrared) boat detectors would
monitor the waterway beneath the bridge for the presence of vessels.
(4) The drawtender would continuously monitor waterway traffic in
the area using closed-circuit cameras mounted on the bridge. The draw
would only be closed if the drawtender's visual inspection indicated
that the channel was clear and there were no vessels transiting in the
area. The drawtender would maintain constant surveillance of the
navigation channel to ensure that no conflict with maritime traffic
existed. Additionally, the draw would not be closed if the S11 bascule
bridge that is located immediately west of the railroad bridge was in
the open-to-navigation position. If two or more closed-circuit cameras
were to become inoperable or if there was inclement weather, the draw
[[Page 33551]]
would only be operated by a drawtender located on site at the bridge.
(5) At the end of the two-minute warning period, if no vessels were
detected by the drawtender, the draw closing sequence would
automatically proceed.
(6) Upon passage of the train, the draw would be returned to the
fully open-to-navigation position to allow marine traffic to pass. The
warning lights would continue to flash red until the draw was returned
to the fully open-to-navigation position at which time they would
deactivate.
(7) After the passage of each train, the draw would be returned to
its fully open-to-navigation position.
(8) To request openings of the draw when the bascule span was in
the closed-to-navigation position, mariners would be required to
contact Norfolk Southern Railway via VHF-FM channel 13 or by telephone
at the number displayed on the signs posted at the bridge.
(9) The draw would be operated locally if:
(i) Communication became lost between the drawbridge and the
drawtender in Decatur, Alabama;
(ii) More than two closed-circuit cameras were not working;
(iii) The marine radio became inoperable;
(iv) Weather conditions warrant; or
(v) Ordered by the Coast Guard.
On July 12, 2017, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; Tombigbee
River, near Jackson, Alabama'' in the Federal Register at 82 FR 32157.
In that NPRM we stated that the District Commander could authorize a
drawbridge to operate under an automated system or from a remote
location. This NPRM proposed changing the drawbridge regulation on this
bridge to allow the bridge to be remotely operated at a NSRR location
in Decatur, AL. There was little discussion of the proposed rule.
During the comment period that ended September 11, 2017 the Coast
Guard received three comments. Two were from vessel operators and one
was from a union representing maintenance employees. All three entities
opposed the rule change.
The Coast Guard considered these comments and on March 14, 2018
informed NSRR that the Coast Guard did not have sufficient information
to address the above public concerns and thus could not finalize the
proposed rule. This letter is in the docket.
On December 18, 2018 the Coast Guard visited the NSRR bridge
control center in Decatur, Alabama to view their camera displays,
communications systems and automated information systems (AIS)
associated with their bridge remote operations.
In February 2019 NSRR provided the Coast Guard with documentation
that addressed the following: Bridge demographics, Tombigbee River
demographics, waterway safety, emergency response, vessel navigation
assessments, remote operation system capabilities, maintenance
capabilities, bridge casualty information, operational requirements and
operating procedures.
After reviewing all NSRR information and public comments the Coast
Guard has verified, to the extent of its authority and jurisdiction
that NSRR has the capabilities to operate the bridge remotely.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Eighth Coast Guard District Commander has determined that this
change to the operating schedule of the NSRR vertical lift bridge
across the Tombigbee River, mile 89.9 to allow the bridge to be
operated from the remote location is reasonable. The purpose of this
rule is to allow NSRR to operate the bridge from a NSRR location in
Decatur, AL and meet the reasonable needs of vessels that use the
Tombigbee River.
IV. Discussion of Comments, Changes and the Final Rule
There were 3 comments submitted on our NPRM published on July 12,
2017. Two comments came from vessel operators on the Tombigbee River.
One comment was provided by a labor union representing maintenance
employees. There were a total of 14 concerns addressed in the three
comments. All three commenters were against relocating the bridge
tender to a remote location.
To address these concerns the Coast Guard separated the above
comments into three general concerns: Removing the bridge tender would
create significant delays to opening the bridge to vessel traffic,
removing the bridge tender would create unsafe navigation conditions,
and other general concerns. Below is the Coast Guard's evaluation for
each of these areas.
Removing the bridge tender will not create unreasonable delays to
opening the bridge to vessel traffic. Since the current onsite bridge
tender does not perform routine maintenance or make bridge repairs,
there will be no added time to maintain the bridge or respond to an
outage or emergency. Emergency repairs and routine maintenance are
conducted by NSRR bridge and building personnel who are located at the
site of the bridge. NSRR procedures require that emergency response
personnel arrive at the bridge within 1-2 hours of notification. If
there is a failure to the bridge, NSRR will secure the bridge in the
open to vessel position until the bridge is repaired.
Additionally locating the bridge tender in a remote location should
not create added delays because of simultaneous bridge operations. The
NSRR bridge tender, located in Decatur, AL will control three bridges
located on Lake Pontchartrain, LA, the Tombigbee River, AL and the
Tennessee River, AL. The Tombigbee River bridge closes to vessel
traffic 8 times each day. The Tennessee River bridge is maintained in
the closed to vessel position and opens to vessel traffic 7 times each
day. The Lake Pontchartrain bridge is maintained in the open to vessel
position and closes to vessel traffic 12 times each day. This equates
to 27 bridge openings or closings (movements) per day which can be
reasonably controlled by one bridge tender.
Processing simultaneous requests for bridge openings should also
not create unreasonable delays. NSRR simultaneous operations procedures
state that the bridge tender open and close one bridge at a time. The
cycle time to open and close each NSRR bridge is about 8 minutes.
Vessels, if 3rd in the queue to open, could be delayed by 24 minutes.
The Coast Guard does not consider this to be unreasonable.
Dispatching a bridge tender to the Tombigbee River bridge because
of a remote operation system failure or inclement weather will also not
delay vessels. NSRR procedures require the bridge to be secured in the
open to vessel traffic position if inclement weather prevents the
remote bridge tender from operating the bridge or if there are failures
to remote sensors at the Tombigbee River bridge. In this scenario NSRR
will dispatch a bridge tender to the bridge; however, since the bridge
is secured in the open to vessel traffic position, there will be no
added vessel delays.
This rule will not create unsafe navigation conditions.
As stated above there are on average 27 bridge movements for the
three bridges controlled by the bridge tender in Decatur, AL. These
bridge movements can be safely processed by a single bridge tender.
NSRR has installed sensors that monitor the channel for vessels or
other obstructions. These channel sensors are interlocked with the
bridge control system to prevent or halt bridge
[[Page 33552]]
operations while a vessel is in the channel.
Communication failures are addressed in NSRR procedures. If there
are failures to both channel 13 and 16 radios, then NSRR will secure
the bridge in the open to vessel traffic position until both radios are
repaired. NSRR procedures require that a bridge tender be dispatched to
the bridge if communications become severed with vessels.
NSRR has additionally installed an automatic identification system
(AIS) that tracks and identifies vessels equipped with AIS equipment.
This provides the bridge tender with a tool to identify vessels on the
Tombigbee River before they arrive at the bridge.
There were other general concerns brought by the commenters that
have been addressed by the Coast Guard or did not fall under Coast
Guard authority.
One commenter stated that they could not address the NSRR request
because it was not included in the docket. As stated in the Background
Information and Regulatory History section of this final rule, the
Coast Guard notified NSRR on March 14, 2018 that there was insufficient
information to address public concerns and thus the Coast Guard could
not finalize the proposed rule. This letter is in the docket. NSRR
addressed this Coast Guard letter and provided the Coast Guard with a
formal proposal that included information on bridge demographics,
waterway demographics, emergency response, maintenance, navigation
assessments, bridge structural history, rail safety, control system
compatibility, remote system components and requirements, operations
requirements, waterway safety and bridge tender procedures. This
information is not included in the docket because it contains NSRR
company confidential information. The Coast Guard has reviewed these
documents and has determined that they sufficiently address the
concerns brought by the commenters.
One commenter stated that NSRR would prioritize rail traffic over
vessel traffic. There is no data to support this statement. There have
been no reports that this bridge has not or did not operate according
to Coast Guard regulations.
One commenter stated concern that there would be no on site
presence to keep trespassers off the bridge or remove debris from the
bridge. These concerns have been sent to NSRR. The Coast Guard did not
address this because it does not fall under Coast Guard jurisdiction.
One commenter stated that this rule change would terminate jobs and
had no correlation to railroad efficiency. These concerns have been
sent to NSRR. The Coast Guard did not address this because it does not
fall under Coast Guard jurisdiction.
After considering all of the comments we received, the Coast Guard
believes that changing the operating schedule that governs the Norfolk
Southern Railroad (NSRR) vertical lift bridge across the Tombigbee
River, mile 89.9, near Jackson, between Washington and Clarke Counties,
AL by moving the current onsite bridge tender control station to a
geographically remote bridge control center located in Decatur, AL will
provide for the reasonable needs of navigation and can be performed
safely.
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 ability that
vessels will be able to transit under the bridge given advance notice
and the bridge will open in case of an emergency. We believe this
change to the drawbridge operation regulations at 33 CFR 117.5 will
meet the reasonable needs of navigation.
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,
[[Page 33553]]
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 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
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 rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
A 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.
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. Revise Sec. 117.118 to read as follows:
Sec. 117.118 Tombigbee River.
(a) The draw of the Meridian and Bigbee Railroad (MNBR) vertical
lift span bridge across the Tombigbee River, mile 128.6 (Black Warrior
Tombigbee (BWT) Waterway mile 173.6), at Naheola, shall operate 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.
(2) When a train approaches the bridge, it will stop and a
crewmember from the train will observe the waterway for approaching
vessels. If vessels are observed approaching the bridge, they will be
allowed to pass prior to lowering the bridge. The crewmember will then
announce via radiotelephone on VHF-FM channel 16 that the bridge is
preparing to be lowered. If, after two minutes, no response has been
received, the crewmember will initiate the lowering sequence.
(3) After the train has completely passed over the bridge, the
crewmember will initiate the raising sequence. When the bridge is in
the fully open-to-navigation position, the crewmember will announce via
radiotelephone on VHF-FM channel 16 that the bridge is in the fully
open-to-navigation position.
(4) To request openings of the bridge when the lift span is in the
closed-to-navigation position, mariners may contact the MNBR via VHF-FM
channel 16 or by telephone at 205-654-4364.
(b) The draw of the Norfolk Southern Railroad (NSRR) Vertical Lift
Bridge across the Tombigbee River, mile 89.9, near Jackson, Washington
and Clarke Counties, Alabama shall be operated as follows:
(1) The draw shall be kept in the open-to-vessel position, except
during periods when it will close for the passage of rail traffic or to
perform periodic maintenance authorized in accordance with subpart A of
this part.
(2) 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. At the end of the two-minute warning period, if
there are no vessels passing beneath the bridge or there have been no
requests to pass beneath the bridge then the draw will automatically
close. Upon passage of the train, the draw will return to the open-to-
vessel position. The warning lights will continue to flash red until
the draw is completely opened.
(3) The draw shall be remotely operated by the draw tender at
Norfolk Southern Railroad's bridge control center in Decatur, Alabama.
Closed Circuit TVs, infrared detectors and an Automatic Identification
System have been installed at the bridge. Vessels can contact the NSRR
draw tender via VHF-FM channel 13 or by telephone at the number
displayed on the signs posted at the bridge to request an opening of
the draw when the vertical lift span is in the closed-to-vessel
position.
(4) NSRR will immediately provide an on-site bridge tender if:
(i) Any component of the remote operations system fails and
prevents the remote operator from being able to visually identify
vessels, communicate with vessels, detect vessels immediately
underneath the bridge or visually identify trains approaching the
bridge.
(ii) Anytime NSRR cannot meet Federal Railway Administration (FRA)
or any other government agency safety requirements.
(iii) Anytime that the NSRR procedures or equipment to close or
open the bridge listed in paragraph (b)(2) of this section fail.
(iv) When weather reaches a point where the remote draw tender
cannot visually identify a vessel from the remote location.
(v) At the direction of the District Commander.
Dated: May 4, 2020.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2020-09853 Filed 6-1-20; 8:45 am]
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