Drawbridge Operation Regulation; St. Johns River, Putnam County, FL, 29063-29065 [2019-13205]

Download as PDF Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations University, and rules for amending the BOR’s procedures. Because the BOR is now a federal advisory committee, its policies and procedures do not require rulemaking, and it no longer appoints officers of the University. Therefore, this rule is outdated, unnecessary and can be removed from the Code of Federal Regulations (CFR). DATES: This rule is effective on June 21, 2019. FOR FURTHER INFORMATION CONTACT: Steven J. Weiss, Associate General Counsel, Uniformed Services University of the Health Sciences, 4301 Jones Bridge Road, Room A–1030. Email: steven.weiss@usuhs.edu. Telephone: (301) 295–3028. Facsimile: (301) 295– 6681. In support of a recommendation from the DoD Regulatory Reform Task Force, DoD is removing this regulation, which contains administrative procedures for the BOR and sets forth certain officers of the University to be appointed by the BOR. This rule was first published on January 19, 1978 (42 FR 63775) and last updated on March 23, 1989 (54 FR 11946). Since that time, section 8091 of Public Law 101–511 (November 5, 1990) transferred all authorities from the BOR to the Secretary of Defense and stated ‘‘. . . the Board hereafter shall be an advisory board to the Secretary of Defense.’’ Since the 1990 change, the BOR complies with the Federal Advisory Committee Act (5 U.S.C. App.), the General Services Administration’s Federal Advisory Committee Management Final Rule (41 CFR part 102–3), and 10 U.S.C. 2113a. Further, the BOR no longer appoints officers of the University. Accordingly, this part is outdated and unnecessary. On March 28, 2019 (84 FR 11754), DoD published a notice in the Federal Register to announce that it is renewing the charter of the BOR. The BOR’s charter and contact information for the BOR’s Designated Federal Officer can be found at https://www.facadatabase.gov/ FACA/apex/FACAPublicAgency Navigation. It has been determined that publication of this CFR part removal for public comment is impracticable, unnecessary, and contrary to public interest since it is based on removing outdated and unnecessary information from the CFR. This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review,’’ therefore, E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ does not apply. jspears on DSK30JT082PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 List of Subjects in 32 CFR Part 242b Medical and dental schools, Organization and functions (Government agencies). PART 242b—[REMOVED] Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 242b is removed. Dated: June 17, 2019. Shelly E. Finke, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2019–13197 Filed 6–20–19; 8:45 am] BILLING CODE 5001–06–P 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 Coast Guard, DHS. Final rule. AGENCY: ACTION: 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. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// 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. ADDRESSES: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 29063 FR Federal Register OMB Office of Management and Budget NPRM Notice of proposed rulemaking (Advance, Supplemental) § 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 E:\FR\FM\21JNR1.SGM 21JNR1 29064 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations 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. jspears on DSK30JT082PROD with RULES 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, VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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. E:\FR\FM\21JNR1.SGM 21JNR1 Federal Register / Vol. 84, No. 120 / Friday, June 21, 2019 / Rules and Regulations List of Subjects in 33 CFR Part 117 DEPARTMENT OF HOMELAND SECURITY Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: Coast Guard 33 CFR Part 117 PART 117—DRAWBRIDGE OPERATION REGULATIONS [Docket No. USCG–2019–0388] 1. The authority citation for part 117 continues to read as follows: Drawbridge Operation Regulation; Atlantic Intracoastal Waterway (Halifax River), Daytona Beach, FL RIN 1625–AA09 ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. ACTION: 2. Amend § 117.325 by adding paragraph (c) to read as follows: ■ § 117.325 St. Johns River. jspears on DSK30JT082PROD with RULES * * * * (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. BILLING CODE 9110–04–P VerDate Sep<11>2014 16:42 Jun 20, 2019 Jkt 247001 The Coast Guard is removing the existing drawbridge operation regulation for the Memorial Bridge (Veteran’s Memorial/Orange Ave/CR 4050) across the Atlantic Intracoastal Waterway (Halifax River), mile 830.6, at Daytona Beach, FL. The drawbridge was removed in 2018 and is being replaced with a fixed bridge. The operating regulation is no longer applicable or necessary. SUMMARY: * [FR Doc. 2019–13205 Filed 6–20–19; 8:45 am] Coast Guard, DHS. Final rule. AGENCY: DATES: This rule is effective June 21, 2019. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0388. 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 Ms. Jennifer Zercher, Bridge Administration Branch, United States Coast Guard District Seven; telephone 305–415–6740, email jennifer.n.zercher@uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FL Florida FR Federal Register § Section U.S.C. United States Code II. Background Information and Regulatory History 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. PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 29065 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 Veteran’s Memorial Bridge, that once required draw operations in 33 CFR 117.261(g), was removed from the Atlantic Intracoastal Waterway (Halifax River) in 2018 and is being replaced with a fixed bridge. Therefore, the regulation is no longer applicable and shall be removed from publication. It is unnecessary to publish an NPRM because this regulatory action does not purport to place any restrictions on mariners but rather removes a restriction that has no further use or value. We are issuing this rule 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. The bridge has been removed from the waterway for one year and this rule merely requires an administrative change to the Federal Register, in order to omit a regulatory requirement that is no longer applicable or necessary. The modification has already taken place and the removal of the regulation will not affect mariners currently operating on this waterway. Therefore, a delayed effective date is unnecessary. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The Veteran’s Memorial Bridge was removed in 2018 and is being replaced with a fixed bridge in 2019. The elimination of this drawbridge necessitates the removal of the drawbridge operation regulation, 33 CFR 117.261(g), pertaining to the former drawbridge. IV. Discussion of Final Rule The Coast Guard is changing regulation in 33 CFR 117.261 by removing restrictions and the regulatory burden related to draw operations for a bridge that is no longer a drawbridge. The change removes § 117.261(g) of the regulation governing the Veteran’s Memorial Bridge, since the bridge has been removed from the waterway and is being replaced with a fixed bridge. This Final Rule seeks to update the Code of Federal Regulations by removing language that governs the operation of the Veteran’s Memorial Bridge, which is no longer a drawbridge. This change does not affect waterway or land traffic. This change does not affect nor does it alter the operating schedules in 33 CFR 117.261 governing the remaining active drawbridges on the Atlantic Intracoastal Waterway from St. Marys River to Key Largo. E:\FR\FM\21JNR1.SGM 21JNR1

Agencies

[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 https://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 
[email protected].

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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.