[Federal Register Volume 74, Number 106 (Thursday, June 4, 2009)]
[Proposed Rules]
[Pages 26820-26823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12979]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2009-0249]
RIN 1625-AA09


Drawbridge Operation Regulations; CSX Railroad, Trout River, Mile 
0.9, Jacksonville, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing 
the operation of the CSX Railroad Bridge across the Trout River, mile 
0.9, Jacksonville, Florida. This proposed rule would allow the bridge 
to operate using an automated system, without an onsite bridge tender. 
Currently, the bridge is required to open on signal from 6 a.m. until 
10 p.m.; and from 10 p.m. until 6 a.m. The draw shall open on signal if 
at least 12 hours notice is given.

DATES: Comments and related material must be received by the Coast 
Guard on or before August 3, 2009.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-0249 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.

[[Page 26821]]

    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand Delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. 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 e-mail Mr. Barry Dragon, Seventh Coast Guard District, 
Bridge Branch, telephone number 305-415-6743, e-mail 
<a href="/cdn-cgi/l/email-protection#dab8bba8a8a3f4bea8bbbdb5b49aafa9b9bdf4b7b3b6"><span class="__cf_email__" data-cfemail="f6949784848fd8928497919998b683859591d89b9f9a">[email protected]</span></a>. 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:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2009-0249), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
Online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment Online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand delivery, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment Online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2009-0249'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the Actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert USCG-2009-0249 in the Docket ID box, press Enter, and 
then click on the item in the Docket ID column. You may also visit the 
Docket Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please explain why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

Background and Purpose

    The CSX Railroad owner has requested that the Coast Guard remove 
the existing regulations governing the operation of the CSX Railroad 
Bridge over the Trout River and allow the bridge to operate utilizing 
an automated system. The request is made because there are only four 
train transits per day, which require short transit times. Under the 
proposed rule, the bridge would remain in the open position to vessel 
traffic at all other times.
    The CSX Railroad Bridge is located on the Trout River, mile 0.9, 
Jacksonville, Florida. The current regulation governing the operation 
of the CSX Railroad Bridge is published in 33 CFR 117.337 and requires 
the bridge to open on signal from 6 a.m. until 10 p.m.; and from 10 
p.m. until 6 a.m. the draw shall open on signal if at least 12 hours 
notice is given.

Discussion of Proposed Rule

    The Coast Guard proposes to change the operating regulations of the 
CSX Railroad Bridge so that the bridge can operate automatically. There 
are only four train transits per day across this bridge. The proposed 
action would remove the requirement that a bridge tender be present to 
open the bridge on signal for vessel traffic. The bridge would remain 
in the open position until a train approaches to cross the bridge. When 
a train approaches, the CSX signal department shall send an electronic 
signal to the bridge to order the closure sequence to begin. The bridge 
control system will activate a series of scanners along the water level 
to detect any marine traffic within the bridge closure area. The bridge 
control system will turn off the green channel markers and turn on the 
red bridge warning strobe lights and simultaneously sound a signal, 
which will last throughout the entire closing period. The bridge shall 
remain closed position to vessel traffic until the train has 
sufficiently cleared the bridge area. When the train has cleared, the 
bridge control system shall again sound a signal for the entire period 
the bridge is opening. When the bridge is in the fully open position, 
the red bridge warning strobe lights shall turn off, and the green 
channel marker lights will relight. The bridge will remain in the open 
to vessel traffic position until the next train crossing. If at any 
time the scanners detect a vessel within the bridge structure, the 
opening/closing sequence will automatically be halted until the vessel 
clears the structure. Additional strobe lighting shall be placed on the

[[Page 26822]]

structure to warn vessels of impending closure.
    Signs shall be posted on both sides of the navigation channel 
indicating, ``Caution; this bridge operates by remote control.'' A 
toll-free, CSX contact telephone number shall be posted on the signs 
for emergencies.

Regulatory Analyses

    We developed this proposed 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 proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. Vessel traffic will be 
able to transit under the bridge with the exception of the short 
closure periods required for the trains to transit over the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The proposed rule will affect vessel traffic 
under the bridge and daily train crossings over the bridge. However, 
the proposed rule will not change the number of times the bridge will 
need to be in a closed position for trains. Additionally, the bridge 
will remain in the open to navigation position at all other times for 
the benefit of vessel traffic.
    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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Mr. Barry Dragon, Seventh Coast 
Guard District, Bridge Branch, telephone 305-415-6743, e-mail 
<a href="/cdn-cgi/l/email-protection#3153504343481f554350565e5f71444252561f5c585d"><span class="__cf_email__" data-cfemail="d7b5b6a5a5aef9b3a5b6b0b8b997a2a4b4b0f9babebb">[email protected]</span></a>.

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.).

Federalism

    A rule has implications for Federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it 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 proposed 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 proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

[[Page 26823]]

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 0023.1, 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 preliminary 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 because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g).
    2. Revise Sec.  117.337 as follows:


Sec.  117.337  Trout River.

    The draw of the CSX Railroad Bridge across the Trout River, mile 
0.9 at Jacksonville, operates as follows:
    The bridge is not tender.
    (a) The draw is normally in the fully open position, displaying 
green lights to indicate that vessels may pass.
    (b) As a train approaches, provided the scanners do not detect a 
vessel under the draw, the lights change to flashing red and a horn 
continuously sounds while the draw closes. The draw remains closed 
until the train passes.
    (c) After the train clears the bridge, the lights continue to flash 
red and the horn again continuously sounds while the draw opens, until 
the draw is fully open and the lights return to green.

    Dated: May 12, 2009.
R.S. Branham,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. E9-12979 Filed 6-3-09; 8:45 am]
BILLING CODE 4910-15-P


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