Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 14965 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves establishing a special local 

regulation, requiring a permit wherein 

an analysis of the environmental impact 

of the regulations was performed. Under 

figure 2–1, paragraph (34)(h.), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for this 

rule. 

List of Subjects 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.35T08–0030 to read as 

follows: 

§ 100.35T08–0030 Special Local 

Regulation; O’Leary Lake; Moss Point, MS. 

(a) Regulated Area. The following area 

is a regulated area: a portion of O’Leary 

Lake, Moss Point, MS, enclosed by a 

bounded area starting at a point on the 

shore at approximately 30°25′11.0′′ N, 

088°32′24.4′′ W, then east to 30°25′12.9′′ 

N, 088°32′18.0′′ W, then south to 

30°24′50.9′′ N, 088°32′09.6′′ W, then 

west following the shore line back to the 

starting point at 30°25′11.0′′ N, 

088°32′24.4′′ W. 

(b) Enforcement dates. This rule will 

be enforced from 11 a.m. until 4 p.m. on 

April 28–29, 2012. 

(c) Special Local Regulations. 

(1) The Coast Guard will patrol the 

regulated area under the direction of a 

designated Coast Guard Patrol 

Commander. The Patrol Commander 

may be contacted on Channel 16 VHF– 

FM (156.8 MHz) by the call sign 

‘‘PATCOM’’. 

(2) All Persons and vessels not 

registered with the sponsor as 

participants or official patrol vessels are 

considered spectators. The ‘‘official 

patrol vessels’’ consist of any Coast 

Guard, state, or local law enforcement 

and sponsor provided vessels assigned 

or approved by the Captain of the Port 

Mobile to patrol the regulated area. 

(3) Spectator vessels desiring to 

transit the regulated area may do so only 

with prior approval of the Patrol 

Commander and when so directed by 

that officer and will be operated at a 

minimum safe navigation speed in a 

manner which will not endanger 

participants in the regulated area or any 

other vessels. 

(4) No spectator shall anchor, block, 

loiter, or impede the through transit of 

participants or official patrol vessels in 

the regulated area during the effective 

dates and times, unless cleared for entry 

by or through an official patrol vessel. 

(5) The patrol commander may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. 

(6) Any spectator vessel may anchor 

outside the regulated area, but may not 

anchor in, block, or loiter in a navigable 

channel. Spectator vessels may be 

moored to a waterfront facility within 

the regulated area in such a way that 

they shall not interfere with the progress 

of the event. Such mooring must be 

complete at least 30 minutes prior to the 

establishment of the regulated area and 

remain moored through the duration of 

the event. 

(7) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(8) The Patrol Commander will 

terminate enforcement of the special 

local regulations at the conclusion of the 

event. 

(d) Informational Broadcasts. The 

Captain of the Port or a designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement period for the regulated 

area as well as any changes in the 

planned schedule. 

Dated: February 8, 2012. 

D.J. Rose, 

Captain, U.S. Coast Guard, Captain of the 

Port Mobile. 

[FR Doc. 2012–5968 Filed 3–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0083] 

RIN 1625–AA08 

Special Local Regulations; Red Bull 

Candola, New River, Fort Lauderdale, 

FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations on 

the waters of the New River between the 

Esplanade Park and slightly east of the 

South Andrews Avenue Bascule Bridge 

in Fort Lauderdale, Florida for the Red 

Bull Candola rowing event. The event is 


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14966 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

scheduled to take place on April 14, 

2012. The temporary special local 

regulation is necessary for the safety of 

the event participants, participant 

vessels, and the general public during 

the event. Persons and vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area unless 

specifically authorized by the Captain of 

the Port Miami or a designated 

representative. 

DATES: This rule is effective from 

10 a.m. until 2 p.m. on April 14, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0083 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0083 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

final rule, call or email Lieutenant 

Jennifer S. Makowski, Sector Miami 

Prevention Department, Coast Guard; 

telephone 305–535–8724, email 

Jennifer.S.Makowski@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

Coast Guard did not receive necessary 

information about the Red Bull Candola 

until February 3, 2012. As a result, the 

Coast Guard did not have sufficient time 

to publish an NPRM and to receive 

public comments prior to the event. Any 

delay in the effective date of this rule 

would be contrary to the public interest 

because immediate action is needed to 

minimize potential danger to Candola 

participants, participant vessels, 

spectators, and the general public. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

special local regulations: 33 U.S.C. 

1233. 

The purpose of the rule is to ensure 

safety of life on navigable waters of the 

United States during the Red Bull 

Candola. 

Discussion of Rule 

On April 14, 2012 Red Bull North 

America is conducting the Red Bull 

Candola on the New River in Fort 

Lauderdale, Florida. The regulated area 

will encompass certain navigable waters 

of the New River between Esplanade 

Park and slightly east of the South 

Andrews Avenue Bascule Bridge in Fort 

Lauderdale, Florida. Persons and vessels 

are prohibited from entering, transiting 

through, anchoring in, or remaining 

within the regulated area unless 

specifically authorized by the Captain of 

the Port Miami or a designated 

representative. The special local 

regulation will be in effect from 10 a.m. 

until 2 p.m. on April 14, 2012. Persons 

and vessels are prohibited from 

entering, transiting through, anchoring, 

or remaining within the race area unless 

authorized by the Captain of the Port 

Miami or a designated representative. 

Persons and vessels desiring to enter, 

transit through, anchor in, or remain 

within the race area may contact the 

Captain of the Port Miami by telephone 

at 305–535–4472, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter, transit through, 

anchor in, or remain within any of the 

race areas is granted by the Captain of 

the Port Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Miami or a 

designated representative. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

Executive Orders 13563, Regulatory 

Planning and Review, and 12866, 

Improving Regulation and Regulatory 

Review, 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 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this regulation under 

Executive Order 12866. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The special local regulations will be 

enforced for a total of 4 hours; (2) 

although persons and vessels will not be 

able to enter, transit through, anchor in, 

or remain within the race area without 

authorization from the Captain of the 

Port Miami or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement periods; (3) persons and 

vessels may still enter, transit through, 

anchor in, or remain within the race 

area if authorized by the Captain of the 

Port Miami or a designated 

representative; and (4) the Coast Guard 

will provide advance notification of the 

special local regulations to the local 

maritime community by Local Notice to 

Mariners and Broadcast Notice to 

Mariners. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

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 rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to enter, transit 

through, anchor in, or remain within the 

waters of the New River in Fort 

Lauderdale, Florida that are 

encompassed within the special local 

regulations from 10 a.m. until 2 p.m. on 

April 14, 2012. For the reasons 

discussed in the Regulatory Planning 

and Review section above, this rule will 

not have a significant economic impact 


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Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 14967 

on a substantial number of small 

entities. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

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. 

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). 

Federalism 

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 

determined that this rule does not have 

implications for federalism. 

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 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. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction. This rule 

involves special local regulations issued 

in conjunction with a regatta. Under 

figure 2–1, paragraph (34)(h), of the 

Instruction, an environmental analysis 

checklist and a categorical exclusion 

determination are not required for this 

rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35T07–0083 

to read as follows: 

§ 100.35T07–0083 Special Local 

Regulations; Red Bull Candola, New River, 

Fort Lauderdale, FL. 

(a) Regulated areas. The following 

regulated area is being established as a 

special local regulation. All waters of 

the New River between the Esplanade 

Park and slightly east of the South 

Andrews Avenue Bascule Bridge 

encompassed between the following 

points: Point 1 in position 26°07′09′′ N, 

80°08′52′′ W; and Point 2 in position 

26°07′04′′ N, 80°08′34′′ W. All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 


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14968 Federal Register / Vol. 77, No. 50 / Wednesday, March 14, 2012 / Rules and Regulations 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Miami or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port Miami by 

telephone at 305–535–4472, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Miami or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(c) Enforcement date. This rule will 

be enforced from 10 a.m. until 2 p.m. on 

April 14, 2012. 

Dated: February 21, 2012. 

C.P. Scraba, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2012–6311 Filed 3–13–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0591] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Anacostia River, Washington, DC 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the regulation that governs the operation 

of the CSX Railroad Vertical Lift Bridge 

across the Anacostia River, mile 3.4, at 

Washington, DC. The change will alter 

the eight hour advance notice 

requirement for a bridge opening to a 

48 hour advance notice requirement for 

a bridge opening. The operating 

regulation change gives more notice for 

trains and vessels to adjust their 

schedules accordingly to ensure safe 

and efficient transits across and under 

the bridge. 

DATES: This rule is effective April 13, 

2012. 

ADDRESSES: Comments and related 

materials received from the public, as 

well as documents mentioned in this 

preamble as being available in the 

docket, are part of docket USCG–2011– 

0591 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0591 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

material is also available for inspection 

or copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Lindsey Middleton, 

Coast Guard; telephone 757–398–6629, 

email Lindsey.R.Middleton@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On August 23, 2011, we published a 

notice of proposed rulemaking (NPRM) 

entitled Drawbridge Operation 

Regulation; Anacostia River, 

Washington, DC in the Federal Register 

(76 FR 163). We did not receive public 

comments on the proposed rule. No 

public meeting was requested, and none 

was held. 

Basis and Purpose 

The CSX Railroad Company has 

requested a change in the operation 

regulation for the CSX Railroad Vertical 

Lift Bridge, across the Anacostia River, 

mile 3.4, at Washington, DC. The new 

48 hour advance notice requirement 

replaces the current eight hour advance 

notice requirement for a bridge opening. 

This rail-line is used for regular 

passenger service and train transits 

across this bridge on an average of 21 

times a day. As a result, it is necessary 

that ample time be given to maintain an 

accurate schedule for trains and vessels 

for safe and efficient travel across and 

under the bridge. 

The current operating schedule for the 

bridge is set out in 33 CFR 

117.253(b)(iv). The regulation was 

established in August 2004 and allows 

the bridge to be operated from a remote 

location, the Benning Yard office. The 

draw of the bridge shall open on signal 

under the following circumstances; at 

all times for public vessels of the United 

States, state and local government 

vessels, commercial vessels, and any 

vessel in an emergency involving danger 

to life or property; from May 15 through 

September 30, between 9 a.m. and 

12 p.m., and between 1 p.m. and 6 p.m.; 

and from May 15 through September 30, 

between 6 p.m. and 7 p.m. if notice is 

given before 6 p.m. on the day for which 

the opening is requested. At all other 

times, the bridge will open on signal if 

at least eight hours of notice is given. 

The vertical clearance of the bridge is 

5 feet at Mean High Water (MHW) in the 

closed position and 29 feet MHW in the 

open position. There are on average, 21 

train transits across this bridge everyday 

and there have been two bridge 

openings in the past two years for 

vessels taller than five feet. 

Concurrent with the publication of 

the NPRM, a test deviation [USCG– 

2011–0591] was issued to allow the CSX 

Railroad Bridge to test the proposed 

schedule and to obtain data and public 

comments. The test deviation allowed 

the bridge to open if at least 48 hours 

of notice is given, replacing the eight 

hour notice requirement. The test 

deviation continues to run until 

February 21, 2012. 

The Coast Guard has reviewed bridge 

tender logs from before the test 

deviation and during the first 

120 days of the entire 180 day test 

deviation. Before the deviation, the 

bridge had two bridge openings in the 

last two years for vessels over five feet 

tall. During the first 120 days of the 180 

day test deviation there were no 

requests for a bridge opening. 

The Coast Guard also reviewed the 

train logs before and during the first 120 

day period of the entire 180 day test 

deviation. In both cases there was on 

average 21 train transits across this 

bridge daily. 

Discussion of Comments and Changes 

No comments were received on the 

proposed rule or the test deviation and 

no changes were made to the proposed 

rule. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 


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