Drawbridge Operation Regulation; Black Warrior River, AL, 57026-57029 [2012-22797]
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57026
Federal Register / Vol. 77, No. 180 / Monday, September 17, 2012 / Rules and Regulations
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.
2. Section 117.118 is added to read as
follows:
■
§ 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-tonavigation 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-tonavigation 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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
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List of Subjects in 33 CFR Part 117
[Docket No. USCG–2012–0764]
RIN 1625–AA09
Drawbridge Operation Regulation;
Black Warrior River, AL
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
ACTION:
1. The authority citation for part 117
continues to read as follows:
■
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Jkt 226001
The Coast Guard is adding a
special operating regulation governing
the Alabama Gulf Coast Railroad (AGR)
vertical lift span (Yo-Yo) bridge across
SUMMARY:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
VerDate Mar<15>2010
Coast Guard, DHS.
Final rule.
AGENCY:
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the Black Warrior River, mile 219.0, at
Demopolis, AL. The bridge is operated
automatically and currently remains in
the open-to-navigation position and
only lowers for the passage of trains.
This rule proposes to codify the current
operating schedule of the bridge as a
special operating regulation.
DATES: This rule is effective September
17, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket, are part of docket USCG–2012–
0764 and are available by going to
https://www.regulations.gov, inserting
USCG–2012–0764 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 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
§ Section Symbol
USACE U.S. Army Corps of Engineers
U.S.C. United States Code
A. Regulatory History and Information
The Coast Guard is issuing this final
rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b), the Coast Guard finds that good
cause exists for not publishing a notice
of proposed rulemaking (NPRM) with
respect to this rule because the Coast
Guard is only codifying the known and
accepted operation of the drawbridge
that has been automated for over 50
years. Publication of the automated
operation of the drawbridge will not
modify the present operation of the
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bridge and mariners will notice no
changes in the way the bridge operates
for the passage of vessels. Therefore, it
is unnecessary to provide the notice and
comment period for this rule.
For similar reasons, under 5 U.S.C.
553(d)(3), the Coast Guard finds that
good cause exists for making this rule
effective in less than 30 days after
publication in the Federal Register (FR).
The bridge has been operating under the
automated system for over 50 years.
Mariners presently understand that the
bridge will remain in the open position
and only be lowered for the passage of
trains. They also understand that no
tender is located at the bridge and the
operation of the bridge is automated.
The bridge is commonly referred to as
the ‘‘Yo-Yo’’ bridge because of the
automated operation of the bridge. This
rule only codifies the operation of the
automated bridge in the Code of Federal
Regulations (CFR). Therefore, providing
a 30 day notice before making this rule
effective is unnecessary.
B. Basis and Purpose
The AGR vertical lift span (Yo-Yo)
bridge across the Black Warrior River,
mile 219.0, at Demopolis, AL, is
currently maintained in the open-tonavigation position, closing only for the
passage of rail traffic. The bridge has a
vertical clearance of 18 feet above the
Bridge Reference Elevation for
Navigation Clearances (BRENC),
elevation 79.8 feet NGVD, in the closedto-navigation position and 62.9 feet
above BRENC in the open-to-navigation
position.
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. The
system for operation of the bridge is an
automated system in place since 1961.
The method of operation for the bridge
to remain open to navigation and to
signal and then close for the passage of
a train and then to automatically reopen
has been understood by mariners for
over 50 years. Due to this method of
operation, the bridge is commonly
known as the Yo-Yo Bridge. Because
this operating schedule has been in
place for over 50 year and is understood
and accepted by local traffic, the bridge
owner requested that the Coast Guard
publish the current operating schedule.
This operating schedule allows vessels
to transit the waterway as normal while
permitting the bridge to lower for train
traffic after ensuring that no vessels are
approaching the bridge.
The automated system for operating
the bridge allows the bridge to operate
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16:41 Sep 14, 2012
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efficiently while remaining untended
and in the open-to-navigation position.
This rule codifies this practice by
publishing the known and accepted
operating schedule under 33 CFR
117.42.
C. Discussion of Final Rule
Under 33 CFR part 117.5, bridges are
required to open on signal for the
passage of vessels except as otherwise
authorized or required. The Yo-Yo
Bridge is currently untended and
maintained in the open-to-navigation
position and operates automatically to
close for the passage of trains. As the
bridge is presently operating as an
automated drawbridge and this method
of operation has been previously
approved by the U.S. Army Corps of
Engineers when they had oversight of
the permitting and operations of
drawbridges. Title 33 CFR 117.42(b)
requires that, if approved, a description
of the full operation of the remotely
operated or automated drawbridge will
be added to subpart B of this part.
This present method of operation is
known and understood by the local
waterway users, but this operating
schedule is not reflected in the CFR.
This rule publishes the known operating
schedule, codifying the schedule as a
Special Operating Requirement under
33 CFR part 117, Subpart B.
The automated operation of the draw
of the AGR vertical lift span (Yo-Yo)
bridge across the Black Warrior River,
mile 219.0, at Demopolis, AL is 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 rail traffic approaches,
railroad track circuits will initiate the
automatic bridge opening and closing
sequences. (Estimated duration that the
bridge will remain closed for passage of
rail traffic is 10 to 15 minutes per
closure.)
(c) Upon detecting approaching rail
traffic, the track circuits will initiate
bridge closing warnings consisting of
continuous horn blowing and the
navigation lights changing to flashing
yellow. Photo-electric (infrared) boat
detectors will monitor the waterway
beneath the bridge for the presence of
vessels.
(d) At the end of a six-minute warning
period, if no vessels have been detected
by the boat detectors, the bridge
lowering sequence will automatically
proceed taking approximately two
minutes to complete. As soon as the
bridge leaves the up position, the horn
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57027
will silence but the navigation lights
change to flashing red.
(e) Upon passage of the rail traffic, the
bridge will automatically open unless
another movement is detected. The
navigation lights will continue to flash
red until the bridge has returned to the
full open position at which time they
will change to steady green.
(f) The bridge can also be operated
from two locked trackside control
locations (key releases) on the approach
spans, one on each side of the movable
span.
(g) To request openings of the bridge
when the lift span is in the closed-tonavigation position, mariners may
contact the AGR via VHF–FM channel
16 or by telephone at 205–654–4364.
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 codifies the current
operating schedule for the AGR 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.
2. Impact on Small Entities
This rule would affect the following
entities, some of which may be small
entities: the owners or operators of
vessels wishing to transit the Black
Warrior River above mile 219.0 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.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104–
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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 would call for no new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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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
16:41 Sep 14, 2012
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8. Taking of Private Property
This rule would not affect 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
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
VerDate Mar<15>2010
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
This 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.
12. Energy Effects
This rule is not a ‘significant energy
action’ under Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use 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
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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 determined 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 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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from 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
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.
2. Section 117.106 is added to read as
follows:
■
§ 117.106
Black Warrior River.
The draw of the Alabama Gulf Coast
(AGR) vertical lift span (Yo-Yo) bridge
across the Black Warrior River, mile
219.0, at Demopolis, 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) Railroad track circuits will initiate
the automatic bridge opening and
closing sequences. (Estimated duration
that the bridge will remain closed for
passage of rail traffic is 10 to 15
minutes.)
(c) Upon detecting an approaching
train, the track circuits will initiate
bridge closing warning consisting of
continuous horn blowing and the
navigation lights changing to flashing
yellow. Photoelectric (infrared) boat
detectors will monitor the waterway
beneath the bridge for the presence of
vessels.
(d) At the end of a six-minute warning
period, if no vessels have been detected
by the boat detectors, the bridge
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lowering sequence will automatically
proceed taking approximately two
minutes to complete. As soon as the
bridge leaves the up position, the horn
will silence but the navigation lights
change to flashing red.
(e) Upon passage of the train, the
bridge will automatically open unless
another movement is detected. The
navigation lights will continue to flash
red until the bridge has returned to the
full open position at which time they
will change to steady green.
(f) The bridge can also be operated
from two locked trackside control
location (key releases) on the approach
spans, one on each side of the movable
span.
(g) To request openings of the bridge
when the lift span is in the closed-tonavigation position, mariners may
contact the AGR 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. 2012–22797 Filed 9–14–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2010–0300; FRL–9715–1]
Approval and Promulgation of State
Implementation Plan Revisions;
Infrastructure Requirements for the
1997 8-Hour Ozone National Ambient
Air Quality Standards; North Dakota
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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SUPPLEMENTARY INFORMATION:
Table of Contents
EPA is in part approving and
in part conditionally approving two
State Implementation Plan (SIP)
submissions made by the State of North
Dakota. The SIP submissions
demonstrate that North Dakota’s SIP
meets the requirements of section
110(a)(1) and (2) of the Clean Air Act
(CAA) for the National Ambient Air
Quality Standards (NAAQS)
promulgated for ozone on July 18, 1997.
Section 110(a)(1) of the CAA requires
that each state, after a new or revised
NAAQS is promulgated, review their
SIPs to ensure that they meet the
requirements of the ‘‘infrastructure
elements’’ of section 110(a)(2). The State
of North Dakota submitted revisions to
their Infrastructure SIP for the 1997
ozone NAAQS, dated April 6, 2009, as
well as a certification of the adequacy of
SUMMARY:
their infrastructure SIP for the 1997
ozone NAAQS, dated November 23,
2009. This action is being taken under
section 110 of the Clean Air Act.
DATES: Effective Date: This final rule is
effective October 17, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2010–0300. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kathy Ayala, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, 303–312–6142,
ayala.kathy@epa.gov.
I. Background for This Action
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The initials DAQ mean or refer to
Division of Air Quality.
(iii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iv) The initials GHGs mean or refer
to greenhouse gases.
(v) The initials NAAQS mean or refer
to national ambient air quality
standards.
(vi) The initials NDAC mean or refer
to North Dakota Administrative Code.
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57029
(vii) The initials NDCC mean or refer
to North Dakota Century Code.
(viii) The initials NOX mean or refer
to nitrogen oxides.
(ix) The initials NSR mean or refer to
new source review.
(x) The initials PM2.5 mean or refer to
particulate matter with an aerodynamic
diameter of less than 2.5 micrometers
(fine particulate matter).
(xi) The initials ppm mean or refer to
parts per million.
(xii) The initials PSD mean or refer to
Prevention of Significant Deterioration.
(xiii) The initials SIP mean or refer to
State Implementation Plan.
(xiv) The initials SSM mean or refer
to start-up, shutdown, or malfunction.
I. Background for This Action
On July 18, 1997, EPA promulgated
new NAAQS for ozone based on 8-hour
average concentrations. The 8-hour
averaging period replaced the previous
1-hour averaging period, and the level of
the NAAQS was changed from 0.12
parts per million (ppm) to 0.08 ppm (62
FR 38856). By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) are to be submitted by states within
three years after promulgation of a new
or revised standard. Section 110(a)(2)
provides basic requirements for SIPs,
including emissions inventories,
monitoring, and modeling, to assure
attainment and maintenance of the
standards. These requirements are set
out in several ‘‘infrastructure elements,’’
listed in section 110(a)(2).
Section 110(a) imposes the obligation
upon states to make a SIP submission to
EPA for a new or revised NAAQS, and
the contents of that submission may
vary depending upon the facts and
circumstances. In particular, the data
and analytical tools available at the time
a state develops and submits its SIP for
a new or revised NAAQS affects the
content of the submission. The contents
of such SIP submissions may also vary
depending upon what provisions a
state’s existing SIP already contains. In
the case of the 1997 ozone NAAQS,
states typically have met the basic
program elements required in section
110(a)(2) through earlier SIP
submissions in connection with
previous NAAQS. In a guidance issued
on October 2, 2007, EPA noted that, to
the extent an existing SIP already meets
the section 110(a)(2) requirements,
states need only to certify that fact via
a letter to EPA.1 North Dakota submitted
1 Memorandum from William T. Harnett,
Director, Air Quality Policy Division, ‘‘Guidance on
SIP Elements Required Under Sections 110(a)(1)
and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards’’ (Oct. 2,
2007).
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]]>Agencies
[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57026-57029]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22797]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2012-0764]
RIN 1625-AA09
Drawbridge Operation Regulation; Black Warrior River, AL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is adding a special operating regulation
governing the Alabama Gulf Coast Railroad (AGR) vertical lift span (Yo-
Yo) bridge across the Black Warrior River, mile 219.0, at Demopolis,
AL. The bridge is operated automatically and currently remains in the
open-to-navigation position and only lowers for the passage of trains.
This rule proposes to codify the current operating schedule of the
bridge as a special operating regulation.
DATES: This rule is effective September 17, 2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2012-0764 and are available by
going to https://www.regulations.gov, inserting USCG-2012-0764 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 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
USACE U.S. Army Corps of Engineers
U.S.C. United States Code
A. Regulatory History and Information
The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard is only codifying the
known and accepted operation of the drawbridge that has been automated
for over 50 years. Publication of the automated operation of the
drawbridge will not modify the present operation of the
[[Page 57027]]
bridge and mariners will notice no changes in the way the bridge
operates for the passage of vessels. Therefore, it is unnecessary to
provide the notice and comment period for this rule.
For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective in less
than 30 days after publication in the Federal Register (FR). The bridge
has been operating under the automated system for over 50 years.
Mariners presently understand that the bridge will remain in the open
position and only be lowered for the passage of trains. They also
understand that no tender is located at the bridge and the operation of
the bridge is automated. The bridge is commonly referred to as the
``Yo-Yo'' bridge because of the automated operation of the bridge. This
rule only codifies the operation of the automated bridge in the Code of
Federal Regulations (CFR). Therefore, providing a 30 day notice before
making this rule effective is unnecessary.
B. Basis and Purpose
The AGR vertical lift span (Yo-Yo) bridge across the Black Warrior
River, mile 219.0, at Demopolis, AL, is currently maintained in the
open-to-navigation position, closing only for the passage of rail
traffic. The bridge has a vertical clearance of 18 feet above the
Bridge Reference Elevation for Navigation Clearances (BRENC), elevation
79.8 feet NGVD, in the closed-to-navigation position and 62.9 feet
above BRENC in the open-to-navigation position.
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. The system for operation of the bridge is an
automated system in place since 1961. The method of operation for the
bridge to remain open to navigation and to signal and then close for
the passage of a train and then to automatically reopen has been
understood by mariners for over 50 years. Due to this method of
operation, the bridge is commonly known as the Yo-Yo Bridge. Because
this operating schedule has been in place for over 50 year and is
understood and accepted by local traffic, the bridge owner requested
that the Coast Guard publish the current operating schedule. This
operating schedule allows vessels to transit the waterway as normal
while permitting the bridge to lower for train traffic after ensuring
that no vessels are approaching the bridge.
The automated system for operating the bridge allows the bridge to
operate efficiently while remaining untended and in the open-to-
navigation position. This rule codifies this practice by publishing the
known and accepted operating schedule under 33 CFR 117.42.
C. Discussion of Final Rule
Under 33 CFR part 117.5, bridges are required to open on signal for
the passage of vessels except as otherwise authorized or required. The
Yo-Yo Bridge is currently untended and maintained in the open-to-
navigation position and operates automatically to close for the passage
of trains. As the bridge is presently operating as an automated
drawbridge and this method of operation has been previously approved by
the U.S. Army Corps of Engineers when they had oversight of the
permitting and operations of drawbridges. Title 33 CFR 117.42(b)
requires that, if approved, a description of the full operation of the
remotely operated or automated drawbridge will be added to subpart B of
this part.
This present method of operation is known and understood by the
local waterway users, but this operating schedule is not reflected in
the CFR. This rule publishes the known operating schedule, codifying
the schedule as a Special Operating Requirement under 33 CFR part 117,
Subpart B.
The automated operation of the draw of the AGR vertical lift span
(Yo-Yo) bridge across the Black Warrior River, mile 219.0, at
Demopolis, AL is 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 rail traffic approaches, railroad track circuits will
initiate the automatic bridge opening and closing sequences. (Estimated
duration that the bridge will remain closed for passage of rail traffic
is 10 to 15 minutes per closure.)
(c) Upon detecting approaching rail traffic, the track circuits
will initiate bridge closing warnings consisting of continuous horn
blowing and the navigation lights changing to flashing yellow. Photo-
electric (infrared) boat detectors will monitor the waterway beneath
the bridge for the presence of vessels.
(d) At the end of a six-minute warning period, if no vessels have
been detected by the boat detectors, the bridge lowering sequence will
automatically proceed taking approximately two minutes to complete. As
soon as the bridge leaves the up position, the horn will silence but
the navigation lights change to flashing red.
(e) Upon passage of the rail traffic, the bridge will automatically
open unless another movement is detected. The navigation lights will
continue to flash red until the bridge has returned to the full open
position at which time they will change to steady green.
(f) The bridge can also be operated from two locked trackside
control locations (key releases) on the approach spans, one on each
side of the movable span.
(g) To request openings of the bridge when the lift span is in the
closed-to-navigation position, mariners may contact the AGR via VHF-FM
channel 16 or by telephone at 205-654-4364.
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 codifies the current operating schedule for the AGR
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.
2. Impact on Small Entities
This rule would affect the following entities, some of which may be
small entities: the owners or operators of vessels wishing to transit
the Black Warrior River above mile 219.0 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.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-
[[Page 57028]]
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 would call 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 would not affect 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 would 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 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.
12. Energy Effects
This rule is not a `significant energy action' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use 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 determined
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 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from 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 117.106 is added to read as follows:
Sec. 117.106 Black Warrior River.
The draw of the Alabama Gulf Coast (AGR) vertical lift span (Yo-Yo)
bridge across the Black Warrior River, mile 219.0, at Demopolis, 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) Railroad track circuits will initiate the automatic bridge
opening and closing sequences. (Estimated duration that the bridge will
remain closed for passage of rail traffic is 10 to 15 minutes.)
(c) Upon detecting an approaching train, the track circuits will
initiate bridge closing warning consisting of continuous horn blowing
and the navigation lights changing to flashing yellow. Photoelectric
(infrared) boat detectors will monitor the waterway beneath the bridge
for the presence of vessels.
(d) At the end of a six-minute warning period, if no vessels have
been detected by the boat detectors, the bridge
[[Page 57029]]
lowering sequence will automatically proceed taking approximately two
minutes to complete. As soon as the bridge leaves the up position, the
horn will silence but the navigation lights change to flashing red.
(e) Upon passage of the train, the bridge will automatically open
unless another movement is detected. The navigation lights will
continue to flash red until the bridge has returned to the full open
position at which time they will change to steady green.
(f) The bridge can also be operated from two locked trackside
control location (key releases) on the approach spans, one on each side
of the movable span.
(g) To request openings of the bridge when the lift span is in the
closed-to-navigation position, mariners may contact the AGR 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. 2012-22797 Filed 9-14-12; 8:45 am]
BILLING CODE 9110-04-P
