[Federal Register Volume 86, Number 61 (Thursday, April 1, 2021)]
[Proposed Rules]
[Pages 17096-17098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06483]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0911]
RIN 1625-AA09


Drawbridge Operation Regulation; Mobile River, Hurricane, AL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating requirements 
for the CSX Transportation Railroad drawbridge across the Mobile River, 
mile 13.3 near Hurricane, Mobile County, Alabama. This proposed rule 
allows the bridge owner to operate the bridge remotely from the CSX 
remote control center in Mobile, AL.

DATES: Comments and relate material must reach the Coast Guard on or 
before September 28, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0911 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Doug Blakemore. Eighth Coast Guard District 
Bridge Administration Branch Chief; telephone (504) 671-2128, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
CSX CSX Transportation
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, Purpose and Legal Basis

    The CSX Transportation Railroad drawbridge has a vertical clearance 
of 5.5' in the closed to navigation position and operates in accordance 
with 33 CFR 117.5. The CSX Railroad Company, the owner of the bridge 
requested to change operation of the bridge from a tended drawbridge to 
a remotely operated drawbridge. This proposed rule will not change the 
operation schedule of the bridge. A copy of the bridge owners request 
can be found at https://www.regulations.gov in the Docket USCG-2019-
0911.
    The waterway users include recreational vessels and commercial 
tows; which combined requires approximately six openings a day.
    CSX has completed installation of a remote operation system at the 
bridge and a remote control center, located in Mobile, AL. At the 
bridge, CSX has installed infrared cameras, closed circuit cameras and 
TVs, communication systems and information technology systems on the 
bridge that allow an operator from Mobile to monitor and control the 
bridge. They have also developed an operations manual that remote 
operators use to control each bridge.
    In the future, CSX anticipates to remotely operate an additional 
ten drawbridges from the CSX remote control center. As a general rule 
the Coast Guard will consider allowing one (1) remote operator to 
control up to three (3) separate bridges. This is dependent on the type 
of vessels that use the waterways, vessel traffic volume and 
environmental or geographical conditions of each bridge and waterway
    On January 27, 2020 the Coast Guard published a temporary deviation 
from regulations; request for comments (TD) entitled Drawbridge 
Operation Regulation; Mobile River, Hurricane, AL in the Federal 
Register (85 FR 4587). This temporary deviation was issued to test the 
remote operations system for 60 days. The objective was to also to 
collect and analyze information on how the drawbridge operated from a 
remote location and the potential effect on vessel traffic in the area. 
This deviation ended March 27, 2020.
    Given the duration of time from the end of the test period and the 
development of this NPRM, the Coast Guard is authorizing second 
deviation to re-test the remote operations of the bridge and its effect 
on waterway mobility in that area. However, this deviation will run for 
180 days and simultaneously with this NPRM. Both under the same docket 
number. Both documents can be found at https://www.regulations.gov and 
comments can be made to either document.
    During the 60 day test period, the Coast Guard did not identify any 
issues with the remote operation of the bridge or any negative impact 
to a vessels reasonable ability to use this waterway. The Coast Guard 
received four comments from the public during the test period. These 
comments can be viewed in the Docket and have been addressed throughout 
this NPRM or below. These comments have been summarized and evaluated 
by the Coast Guard.
    One of the comments received expressed concern that remote 
operation systems have not been proven. Under 33 CFR 117.42 the Coast 
Guard has authorized a number of drawbridge to be remotely operated 
with successful results. Safety is a priority and the bridge must 
operate as if a drawtender were present at the bridge.
    The same commenter had safety concerns that without drawtenders on 
site, maintenance, repairs, inspections and vessel assistance through 
the bridge would not be conducted. In accordance with CSX procedures, 
drawtenders are not allowed to perform these actions.

[[Page 17097]]

There are also concerns about unreported strikes of the bridge by 
vessels and potential trespassers at the bridge. CSX has cameras at the 
bridge and given that the bridge operating schedule is open on demand, 
the bridge must be monitored 24 hours a day. Also, vessels are required 
to report certain marine incidents and casualties and local law 
enforcement will be alerted if there is illegal activity at the bridge.
    Another comment recommended that the bridge remain in the open to 
navigation position and close when a train is approaching. Coast Guard 
will consider this option and discuss with CSX during the comment and 
test period.

III. Discussion of Proposed Rule

    33 CFR 117.42 sets Coast Guard drawbridge regulations. This 
regulation authorizes the Coast Guard District Commander to approve 
operations from a remote site. CSX has requested to operate the CSX 
Transportation Bridge across the Mobile River from the CSX remote 
control center in Mobile, AL. The waterway users include recreational 
vessels and commercial tows; which combined requires approximately six 
openings a day.
    Presently, the bridge opens on signal for the passage of vessels in 
accordance with 33 CFR 117.05 and this proposed rule will not change 
that operating schedule. This proposed rule will also not change how a 
request to open the bridge will be conducted. Mariners requiring an 
opening may do so by contacting the CSX remote control center on 
Channels 13/16 or by the phone number posted at the bridge.
    The Coast Guard has visited the CSX remote control center several 
times and has confirmed that the remote operating system is effective. 
This proposed rule allows CSX to control the drawbridge from their 
remote control center and requires CSX to have the capability, 
including resources and manpower to return the operator to the bridge 
location within 3 hours following any of the below situations:
     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.
     CSX fails to meet Federal Railway Administration (FRA) or 
any other government agency safety requirements.
     Anytime that CSX procedures, equipment or operators fail 
to safely open and close the bridge fail.
     At the direction of the District Commander.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize its 
analyses based on these statutes and Executive Orders and we discusses 
First Amendment rights of protestors.

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 NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM 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 with the bridge operator 
controlling the bridge from a remote location.

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 would 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 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 
section. 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 Governments

    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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would 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.

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, the Coast Guard does discuss the effects 
of this proposed rule elsewhere in this preamble.

[[Page 17098]]

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) and have 
made. 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 proposed rule 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are 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. 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 https://www.regulations.gov. If your material cannot be 
submitted using https://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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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; DHS Delegation No. 
0170.1.

0
2. Add Sec.  117.111 to read as follows:


Sec.  117.111  Mobile River.

    (a) The draw of the CSX Transportation railroad bridge, mile 13.3 
located near Hurricane, AL shall be remotely operated by the bridge 
operator at CSX's bridge remote control center in Mobile, Alabama. 
Closed Circuit TVs, infrared detectors, communications systems and 
information technology systems have been installed at the bridge. 
Vessels can contact the CSX bridge operator 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.
    (b) CSX will return the operator to the bridge location within 3 
hours following any of the situations in this paragraph (b):
    (1) 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.
    (2) CSX fails to meet Federal Railway Administration (FRA) or any 
other government agency safety requirements.
    (3) Anytime that CSX procedures, equipment or operators fail to 
safely open and close the bridge fail.
    (4) Anytime at the direction of the District Commander.

    Dated: March 16, 2021.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2021-06483 Filed 3-31-21; 8:45 am]
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