[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Rules and Regulations]
[Pages 15410-15411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05770]



[[Page 15410]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0573]
RIN 1625-AA09


Drawbridge Operation Regulation; Little Manatee River, Ruskin, 
Hillsborough County, FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Seaboard Systems Railroad Bridge across the Little Manatee 
River, mile 2.4, in Ruskin, Hillsborough County, FL. This rule updates 
the name of the swing bridge and allow the swing bridge to be operated 
remotely. The draw is maintained in the closed position and will open 
with a three hour notice to the remote bridge tender.

DATES: This rule is effective April 22, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0573 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Clark W. Sanford with Coast Guard Sector St Petersburg 
Florida, Waterways Office; telephone 813-228-2191 x8105, 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 October 20, 2020, the Coast Guard published a notice of proposed 
rulemaking entitled ``Drawbridge Operation Regulation; Little Manatee 
River, Ruskin, Hillsborough County, FL'' in the Federal Register (85 FR 
66501). The NPRM invited comments on the proposed rule change. One 
comment was received from the bridge owner and will be addressed in 
section IV.

III. Legal Authority and Need for Rule

    The bridge owner, CSX Transportation, requested the Coast Guard 
consider allowing remote operation of the Seaboard System Railroad 
Bridge across the Little Manatee River, mile 2.4, in Ruskin, 
Hillsborough County, Florida. The Seaboard System Railroad Bridge 
across the Little Manatee River, mile 2.4, in Ruskin, Hillsborough 
County, FL is a swing bridge. The bridge is currently maintained in the 
closed position with a three hour advance notification for an opening. 
It has a vertical clearance of 5 feet at mean high water in the closed 
position and a horizontal clearance of 35 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 Seaboard System Railroad Bridge across the Little Manatee River, 
mile 2.4, in Ruskin, Hillsborough County, FL. The bridge is currently 
unmanned and maintained in the closed position.
    The bridge owner provided one comment. CSX requested the wording 
regarding the detection sensors be modified. The detection sensors will 
not detect approaching vessels but vessels that are within the radius 
of the swing span of the bridge. This change was made to the regulatory 
text in paragraph (c).
    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 approaching 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 
(813) 677-3974. The span is normally in the fully closed position and 
will display red lights to indicate that the span is fully closed. This 
rule would allow vessels to pass through the bridge while taking into 
account the reasonable needs of other modes of transportation.

V. Regulatory Analyses

    The Coast Guard has 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 can still transit the bridge given advanced notice. Vessels 
that can transit under the bridge without an opening may do so at any 
time.

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 section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to

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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, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined 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 and 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.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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.  117.297 to read as follows:


Sec.  117.297  Little Manatee River.

    The draw for the CSX Railroad Bridge, mile 2.4 near Ruskin, FL, 
shall operate as follows:
    (a) The bridge is normally maintained in the closed position.
    (b) The bridge is not tendered locally, but will be monitored and 
operated by a remote bridge tender.
    (c) Marine radio communication shall be maintained, by the remote 
bridge tender, with mariners near the bridge for the safety of 
navigation. Visual monitoring of the waterway shall be maintained with 
the use of cameras. Detection sensors shall be installed for the 
detection of vessels within the radius of the swing span of the bridge.
    (d) The draw must open on signal if at least three hours advance 
notice is requested via marine radio channel 9 VHF or telephone (813) 
677-3974.
    (e) The bridge shall not be operated from the remote location in 
the following events: Failure or obstruction of the detection sensors, 
cameras, or marine radio communications. In these situations, a bridge 
tender must be on-site and locally operate the bridge.

    Dated: March 15, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2021-05770 Filed 3-22-21; 8:45 am]
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