
[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75554-75556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30762]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0470]
RIN 1625-AA09


Drawbridge Operation Regulation; Apalachicola River, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation that governs the 
operating schedules for two bridges that cross the Apalachicola River 
in Florida. These changes are being made in response to two requests to 
the Coast Guard. First, the CSX Railroad requested to modify the 
operating schedule of their swing bridge at mile 105.9, at River 
Junction to require eight hours advanced notice at all times. Second, 
the Apalachicola and Northern Railroad (ANRR) requested to maintain the 
swing bridge at mile 4.5 (GIWW mile 347.0 East of Harvey Lock (EHL)), 
at Apalachicola, untended and in the open-to-navigation position at all 
times.

DATES: This rule is effective January 22, 2013.

ADDRESSES: The docket for this rulemaking, USCG-2012-0470, is available 
online by going to http://www.regulations.gov, inserting USCG-2012-0470 
in the ``Search'' box, and then clicking ``Search.'' The docket 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
U.S.C. United States Code

A. Regulatory History and Information

    On July 30, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulation; Apalachicola River, 
FL'' in the Federal Register (77 FR 44525). We received no comments on 
the proposed rule. No public meeting was requested, and none was held.

B. Basis and Purpose

    The CSX swing bridge across the Apalachicola River, mile 105.9, 
presently opens on signal for the passage of vessels Monday through 
Friday from 8 a.m. until 4 p.m. At all other times, the bridge opens on 
signal if at least four hours advanced notice is given. The bridge 
owner has requested to change the operation regulations to reflect 
usage of the bridge by mariners. The request was made based upon a 
documented decrease in the number of requests for openings in the last 
three years. In 2010, the bridge opened 12 times for the passage of 
vessels. Eight of those openings were for either a United States Coast 
Guard (USCG) vessel or for a United States Army Corps of Engineers 
(USACE) vessel. In 2011, the bridge opened four times for the passage 
of vessels. Three of those openings were for either a USCG vessel or 
for a USACE vessel. Thus far in 2012, the bridge has only opened one 
time for a USACE vessel. It should be noted that all of the openings in 
the past three years have occurred between 8 a.m. and 4 p.m.; 
therefore, the bridge opened on signal for their passages. Information 
gathered regarding the decrease in vessel movements indicates that the 
lack of commercial facilities and the lack of maintenance on the 
waterway have contributed to the decline in traffic. While water 
elevations may return to their pre-drought levels, there is presently 
no evidence that the number of requests for bridge openings will 
increase in the future due to limited industrial development along the 
waterway. Accordingly, the bridge owner requested to change the 
operation regulations so that the bridge is allowed to open on signal 
at all times if at least eight hours advanced notification is given. 
USACE and USCG units using the waterway indicated that the proposed 
change to the operation of the bridge will not affect their ability to 
maintain the waterway and they have no objections to the proposed 
change.
    The ANRR swing span bridge crosses the Apalachicola River at mile 
4.5 (GIWW mile 347.0 EHL) and is required to open on signal for the 
passage of vessels. Since the bridge owner applied for and received an 
embargo for the suspension of train traffic on the line, the operation 
of the bridge is unnecessary and the operator of the bridge requested 
permission to leave the bridge in the open-to-navigation position and 
have the bridge untended. The bridge provides unlimited vertical 
clearance and 119 feet of horizontal clearance in the open-to-
navigation position. Transit times for mariners should not be impeded 
with the bridge left in the open-to-navigation position. The bridge 
owner/operator will be required to maintain all bridge navigation 
lights in proper working order and will be required to periodically 
check the lights to see that they are working.

C. Discussion of Comments, Changes, and the Final Rule

    The Coast Guard provided a 60-day comment period on the notice of 
proposed rulemaking. 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.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary. Very few vessels will be 
impacted by the proposed changes and those few vessels should be able 
to provide adequate advanced notification of their arrivals as is 
already done for the CSX Railroad bridge and vessels may transit 
through the ANRR bridge without delay as it will be maintained in the 
open-to-navigation position.

[[Page 75555]]

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 would affect the following entities, some of which might 
be small entities: The owners or operators of vessels needing to 
transit the Apalachicola River above mile 105.9. This action will not 
have a significant economic impact on a substantial number of small 
entities because these few vessels should be able to provide adequate 
advanced notification of their arrivals.
    This action will not have a significant economic impact on a 
substantial number of small entities because these few vessels should 
be able to provide adequate advanced notification of their arrivals.

3. 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 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, 
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:

[[Page 75556]]

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.  117.258 to read as follows:


Sec.  117.258  Apalachicola River.

    (a) The draw of the Apalachicola and Northern Railroad Bridge, mile 
4.5 (GIWW mile 347.0 EHL), at Apalachicola, is maintained in the fully 
open-to-navigation position and untended. The bridge will not be 
returned to service until proper notification is published in the 
Federal Register.
    (b) The draw of the CSX Railroad Bridge, mile 105.9, at River 
Junction shall open on signal if at least eight hours notice is given.

    Dated: December 10, 2012.
Roy A. Nash,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2012-30762 Filed 12-20-12; 8:45 am]
BILLING CODE 9110-04-P


