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[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Rules and Regulations]
[Pages 41889-41891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18708]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0523]
RIN 1625-AA09

Drawbridge Operation Regulation; Rice Creek, Putnam County, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the CSX Railroad Bridge across the Rice Creek, mile 0.8, in 
Palatka, Putnam County, FL. This rule will change the existing open on 
demand during the day and 24 hour advance notice for a bridge opening 
during the night, to 24 hour advance notice for an opening at all 
times.

DATES: This rule is effective October 5, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0523. 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 on this rule, 
call or email Mr. Eddie Lawrence, Coast Guard; telephone 305-415-6946, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On November 11, 2016 we published a notice of proposed rulemaking 
(NPRM) entitled Operation Regulation; Rice Creek, Putnam County, FL in 
the Federal Register (81 FR 78952). We received 2 comments on this 
rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.
    The CSX Railroad Bridge across the Rice Creek, mile 0.8, in 
Palatka, Putnam County, FL is a swing bridge. It has a vertical 
clearance of 2 feet at mean high water in the closed position and a 
horizontal clearance of 30 feet. Presently, in accordance with 33 CFR 
117.324, the Rice Creek CSX Railroad Swing Bridge is required to open 
on signal for the passage of vessels from 8 a.m. to 4 p.m., daily. From 
4:01 p.m. to 7:59 a.m., daily, the bridge shall open with a 24-hour 
advance notice to CSX.
    On May 18th, 2015, CSX Transportation, the bridge owner, requested 
the Coast Guard consider allowing the CSX Railroad Bridge across Rice 
Creek to be converted from a movable bridge to a fixed bridge. Their 
request was made due to the minimal drawbridge openings requested over 
the past several years. The Coast Guard determined that converting the 
bridge to a fixed structure was not reasonable to

[[Page 41890]]

navigation, because it would restrict most vessels from using the 
waterway at all. CSX then requested modifying the bridge operations to 
24 hour advance notice at all times. CSX provided the Coast Guard a 
summary of bridge opening logs that show eight openings in 2015, three 
openings in 2014, and three openings in 2013.
    This change will still allow vessels to pass through the bridge 
while taking into account the reasonable needs of other modes of 
transportation. This rule would implement a 24 hour advance notice to 
CSX for any openings. This regulatory change is justified based on the 
limited impact that it will have on vessel traffic as shown by the 
small number of openings requested over recent years. Emergency vessels 
and tugs with tows can still request openings at any time.

IV. Discussion of Comments, Changes and the Final Rule

    There were two comments received during the comment period. One 
comment from the Sheriff's Department concerned not being able to 
respond to possible emergencies up-river from the bridge. This is 
mitigated by protocols established between the Sheriff's Department and 
CSX for emergency openings. The second comment was via letter from the 
Brotherhood of Maintenance of Way Employees Division (BMWED). The 
concerns were multifold concerning; security and maintenance. These 
were all submitted to CSX and answered to the satisfaction of BMWED.

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 continued 
ability for vessels to transit the bridge given advanced notice and the 
small amount of vessel traffic transiting the bridge in general.

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, 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 preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

[[Page 41891]]

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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.324 to read as follows:

Sec.  117.324  Rice Creek.

    The CSX Railroad Swing Bridge, mile 0.8, in Putnam County, FL. 
shall open with a 24-hour advance notice to CSX at 1-800-232-0142.

P.J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2017-18708 Filed 9-1-17; 8:45 am]
 BILLING CODE 9110-04-P
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