[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]
BILLING CODE 9110-04-P