
[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57024-57026]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22775]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0179]
RIN 1625-AA09


Drawbridge Operation Regulation; Tombigbee River, AL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is adding a regulation to govern the Meridian 
and Bigbee Railroad (MNBR) vertical lift span bridge across the 
Tombigbee River at Naheola, Marengo and Choctaw Counties, Alabama. The 
bridge currently remains in the open-to-navigation position and only 
lowers for the passage of trains. This rule codifies the current 
schedule as a special operating regulation.

DATES: This rule is effective October 17, 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-2012-0179 and are available online by 
going to http://www.regulations.gov, inserting USCG-2012-0179 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 final 
rule, call or email David Frank, Bridge Administration Branch; 
telephone 504-671-2128, email David.m.frank@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:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Regulatory History and Information

    On May 1, 2012, we published a notice of proposed rulemaking (NPRM) 
entitled ``Drawbridge Operation Regulation; Tombigbee River, AL'' in 
the Federal Register (77 FR 25655). We received no comments on the 
proposed rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The MNBR vertical lift span bridge crosses the Tombigbee River at 
mile 128.6 (Black Warrior Tombigbee Waterway mile 173.6), Naheola, 
Marengo and Choctaw Counties, Alabama. The bridge is currently 
maintained in the open-to-navigation position, closing only for the 
passage of rail traffic. The bridge has a vertical clearance of 12.2 
feet above ordinary high water (OHW), elevation 64.5 feet, in the 
closed-to-navigation position and 55 feet above OHW in the open-to-
navigation position. Many of the vessels using the waterway transit 
under a fixed span of the bridge at periods of lower water due to the 
difficulty of transiting the navigation span, which only has a 
horizontal clearance of 150 feet between piers.
    Due to the limited number of trains using the rail line in this 
area, maintaining the bridge in the fully open-to-navigation position 
and only lowering the bridge for rail traffic is the preferred 
operating schedule. Because this operating schedule has been in place 
for over ten years, and is understood and accepted by local

[[Page 57025]]

traffic, the bridge owner requested that the Coast Guard publish the 
current operating schedule. This operating schedule allows vessels to 
transit the waterway normally while permitting railroad personnel to 
lower the bridge for the passage of train traffic after ensuring that 
no vessels are approaching the bridge.
    Maintaining the bridge untended and in the open-to-navigation 
position also eliminates the need for a bridge tender. This rule 
codifies the current bridge operating practice and brings it into 
compliance with 33 CFR part 117.41(b)(1).

C. Discussion of Comments, Changes and the Final Rule

    As part of the NPRM process, a 60-day comment period was provided 
to allow for comments regarding the proposed change. No comments were 
received and no changes were made to the rule as proposed.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    This rule is not a significant regulatory action because it 
codifies the current operating schedule for the MNBR bridge which is 
already understood, known and accepted by the local bridge and waterway 
users. Very few vessels will be impacted as the bridge remains open at 
all times except to allow rail traffic to pass trains two times a day, 
five days a week.

2. 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.
    This rule will affect the following entities, some of which might 
be small entities: The owners or operators of vessels wishing to 
transit the Tombigbee River above mile 128.6 with vessel air drafts 
that would require the bridge to be open to navigation for them to pass 
safely through the bridge site. This action will not have a significant 
economic impact on a substantial number of small entities because the 
bridge remains open at all times except to allow rail traffic to pass 
two times a day, five days a week.
    This action will not have a significant economic impact on a 
substantial number of small entities because it only codifies the 
existing operation of the draw and there have been no documented 
economic impacts to small entities with regards to the present 
operation of the bridge.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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.

4. 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).

5. 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 have 
determined that it does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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 might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments,

[[Page 57026]]

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.

12. 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 concluded 
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 is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), 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 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. Section 117.118 is added to read as follows:


Sec.  117.118  Tombigbee River.

    The draw of the Meridian and Bigbee Railroad (MNBR) vertical lift 
span bridge across the Tombigbee River, mile 128.6 (Black Warrior 
Tombigbee (BWT) Waterway mile 173.6), at Naheola, shall operate as 
follows:
    (a) The draw shall be maintained in the fully open-to-navigation 
position for vessels at all times, except during periods when it is 
closed for the passage of rail traffic.
    (b) When a train approaches the bridge, it will stop and a 
crewmember from the train will observe the waterway for approaching 
vessels. If vessels are observed approaching the bridge, they will be 
allowed to pass prior to lowering the bridge. The crewmember will then 
announce via radiotelephone on VHF-FM channel 16 that the bridge is 
preparing to be lowered. If, after two minutes, no response has been 
received, the crewmember will initiate the lowering sequence.
    (c) After the train has completely passed over the bridge, the 
crewmember will initiate the raising sequence. When the bridge is in 
the fully open-to-navigation position, the crewmember will announce via 
radiotelephone on VHF-FM channel 16 that the bridge is in the fully 
open-to-navigation position.
    (d) To request openings of the bridge when the lift span is in the 
closed-to-navigation position, mariners may contact the MNBR via VHF-FM 
channel 16 or by telephone at 205-654-4364.

    Dated: August 25, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 2012-22775 Filed 9-14-12; 8:45 am]
BILLING CODE 9110-04-P


