[Federal Register Volume 84, Number 120 (Friday, June 21, 2019)]
[Rules and Regulations]
[Pages 29063-29065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13205]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0857]
RIN 1625-AA09


Drawbridge Operation Regulation; St. Johns River, 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 Buffalo Bluff CSX Railroad Bridge across the St. Johns 
River, mile 94.5, at Satsuma, Putnam County, FL. The rule allows the 
bridge to be remotely monitored and operated from the CSX Railroad 
Bridge across the Ortega River (McGirts Creek) located at mile 1.1 on 
the Ortega River. The rule also allows the draw to remain in the full, 
open position unless a train is in the circuit.

DATES: This rule is effective July 22, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0857 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 LT Emily T. Sysko, Sector Jacksonville, Waterways 
Management Division, U.S. Coast Guard; telephone 904-714-7616, email 
Emily.T.Sysko@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 27, 2018, we published a temporary deviation entitled 
``Drawbridge Operation Regulation; St. Johns River, Putnam County, FL'' 
in the Federal Register (82 FR 08866). We received no comments on this 
rule. On March 5, 2019, we published a notice of proposed rulemaking 
entitled ``Drawbridge Operation Regulation; St. Johns River, Putnam 
County, FL'' in the Federal Register (82 FR 03904). We received no 
comments on this rule.

III. Legal Authority and Need for Rule

    The bridge owner, CSX Transportation, requested the Coast Guard 
consider allowing remote operation of the Buffalo Bluff CSX Railroad 
Bridge across the St. Johns River, mile 94.5, at Satsuma, Putnam 
County, Florida. The Buffalo Bluff CSX Railroad Bridge across the St. 
Johns River, Putnam is a bascule bridge. The bridge is currently manned 
and maintained in the open position. It has a vertical clearance of 7 
feet at mean high water in the closed position and a horizontal 
clearance of 90 feet.
    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard is modifying the operating schedule that governs 
the Buffalo Bluff CSX Railroad Bridge across St. Johns River, mile 
94.5, at Satsuma, Putnam County, FL. The bridge is currently manned and 
maintained in the open position.
    This rule allows the bridge to be remotely monitored and operated. 
Visual monitoring of the waterway shall be maintained with the use of 
cameras and the detection of vessels under the span shall be 
accomplished with detection sensors. Marine radio communication shall 
be maintained with mariners near the bridge for the safety of 
navigation. The remote tender may also be contacted via telephone at 
(386) 649-8538. The span is normally in the fully open position and 
will display green lights to indicate that the span is fully open. When 
a train approaches, the remote tender shall monitor for vessels 
approaching the bridge. The remote tender shall warn approaching 
vessels via marine radio, channel 9 VHF of a bridge lowering. Provided 
the sensors do not detect a vessel under the

[[Page 29064]]

span, the tender shall initiate the span lowering sequence, which 
includes the sounding of a horn and the displaying of red lights. The 
span will remain in the down position for a minimum of eight minutes or 
for the entire time the approach track circuit is occupied. After the 
train has cleared the bridge track circuit, the span shall open and the 
green lights will be displayed. This rule allows vessels to pass 
through the bridge while taking into account the reasonable needs of 
other modes of transportation.
    On April 27, 2017, the Coast Guard published a notice of temporary 
deviation from drawbridge regulation with request for comments in the 
Federal Register (82 FR 08886) to test proposed changes. The Coast 
Guard provided a comment period of 109 days and no comments were 
received during the test period. On March 5, 2019, we published a 
notice of proposed rulemaking entitled ``Drawbridge Operation 
Regulation; St. Johns River, Putnam County, FL'' in the Federal 
Register (82 FR 03904). The Coast Guard provided a comment period of 60 
days and no comments were received.

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 following 
reasons: (1) The draw will remain open for vessel traffic except when 
trains are passing; and (2) vessels that can transit under the bridge 
without an opening may do so at anytime.

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 U.S. Coast Guard Environmental Planning 
Policy COMDTINST 5090.1 (series), which guides the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321-4370f). We have made a determination that 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 
promulgates the operating regulations or procedures for drawbridges. 
This action is categorically excluded from further review, under 
paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard 
Environmental Planning Implementation Procedures.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this rule.

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.

[[Page 29065]]

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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  117.325 by adding paragraph (c) to read as follows:


Sec.  117.325   St. Johns River.

* * * * *
    (c) The draw for the Buffalo Bluff CSX automated Railroad Bridge, 
St. Johns River, mile 94.5 at Satsuma, Putnam County, FL shall operate 
as follows:
    (1) The bridge is not tendered locally, but will be operated and 
monitored by a remote tender.
    (2) The bridge shall have local and mechanical override 
capabilities over the remote operation.
    (3) Marine radio communication shall be maintained with mariners 
near the bridge for the safety of navigation. Visual monitoring of the 
waterway shall be maintained with the use of cameras and the detection 
of vessels under the span shall be accomplished with detection sensors.
    (4) The span is normally in the fully open position and will 
display green lights to indicate that the span is fully open.
    (5) When a train approaches, the remote tender shall monitor for 
vessels approaching the bridge. The remote tender shall warn 
approaching vessels via marine radio, channel 9 VHF of a bridge 
lowering. The remote tender may also be contacted via telephone at 
(386) 649-8538.
    (6) Provided the sensors do not detect a vessel under the span, the 
tender shall initiate the span lowering sequence, which includes the 
sounding of a horn and the displaying of red lights. The span will 
remain in the down position for a minimum of eight minutes or for the 
entire time the approach track circuit is occupied.
    (7) After the train has cleared the bridge track circuit, the span 
shall open and the green lights will be displayed.

    Dated: June 11, 2019.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 2019-13205 Filed 6-20-19; 8:45 am]
BILLING CODE 9110-04-P


