Drawbridge Operation Regulation; Little Manatee River, Ruskin, Hillsborough County, FL, 66501-66502 [2020-22607]
Download as PDF
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Proposed Rules
§ Section
U.S.C. United States Code
Issued on October 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–23166 Filed 10–19–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2020–0573]
RIN 1625–AA09
Drawbridge Operation Regulation;
Little Manatee River, Ruskin,
Hillsborough County, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Seaboard Systems Railroad
Bridge across the Little Manatee River,
mile 2.4, at Ruskin, Hillsborough
County, FL. This proposed rule would
allow the swing bridge to be remotely
operated and provide an opening when
a three hour notice is given. The
proposed rule would also change the
name of the bridge to reflect current
ownership.
DATES: Comments and relate material
must reach the Coast Guard on or before
December 21, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0573 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email LT Clark W. Sanford
with the Coast Guard Sector St
Petersburg Florida, Waterways Office;
telephone 813–228–2191 x8105, email
Clark.W.Sanford@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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)
VerDate Sep<11>2014
16:48 Oct 19, 2020
Jkt 253001
II. Background, Purpose and Legal
Basis
CSX Transportation requested the
Coast Guard consider allowing the
Seaboard Systems Railroad Bridge 33
CFR 117.297, across the Little Manatee
River to be remotely operated. The name
of the bridge would be updated to
reflect the current bridge owner and will
be referred to as the CSX Railroad
Bridge. The Seaboard System Railroad
Bridge across the Little Manatee River,
mile 2.4, at Ruskin, Hillsborough
County, FL is a swing bridge. The bridge
is currently maintained in the closed
position with a three hour advance
notice for an opening. It has a vertical
clearance of 5 feet at mean high water
in the closed position and a horizontal
clearance of 35 feet.
III. Discussion of Proposed Rule
The Coast Guard proposes to modify
the operating schedule of the Seaboard
System Railroad Bridge across Little
Manatee River, mile 2.4, in Ruskin,
Hillsborough County, FL. This proposed
regulation would change the name of
the bridge and allow the bridge to be
remotely monitored and operated. This
proposal will allow vessels to pass
through the bridge while taking into
account the reasonable needs of other
modes of transportation.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
66501
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advanced
notice. Vessels that can transit under the
bridge without an opening may do so at
any time.
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 certifies under 5 U.S.C.
605(b) that this proposed rule would 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 IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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 section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would call 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
E:\FR\FM\20OCP1.SGM
20OCP1
66502
Federal Register / Vol. 85, No. 203 / Tuesday, October 20, 2020 / Proposed Rules
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 proposed 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 proposed 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01,
Rev.1, associated implementing
instructions, and Environmental
Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f). The
Coast Guard has 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 proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
VerDate Sep<11>2014
16:48 Oct 19, 2020
Jkt 253001
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 117
PO 00000
Bridges.
Frm 00012
Fmt 4702
Sfmt 4702
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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;
DHS Delegation No. 0170.1.
■
2. Revise § 117.297 to read as follows:
§ 117.297
Little Manatee River.
The draw for the CSX Railroad Bridge,
mile 2.4 near Ruskin FL, shall operate
as follows:
(a) The bridge is normally maintained
in the closed position.
(b) The bridge is not tendered locally,
but will be monitored and operated by
a remote bridge tender. The draw must
open if at least three hours advance
notice is requested via marine radio
channel 9 VHF or telephone (813) 677–
3974.
(c) Marine radio communication shall
be maintained, by the remote bridge
tender, with mariners near the bridge for
the safety of navigation. Visual
monitoring of the waterway shall be
maintained with the use of cameras.
Detection sensors shall be installed for
the detection of vessels approaching the
spans.
(d) The bridge shall not be operated
from the remote location in the
following events: Failure or obstruction
of the detection sensors, cameras or
marine radio communications. In these
situations, a bridge tender must be onsite and locally operate the bridge.
Dated: October 7, 2020.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2020–22607 Filed 10–19–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42
[Docket No. PTO–C–2020–0055]
Request for Comments on Discretion
To Institute Trials Before the Patent
Trial and Appeal Board
Patent Trial and Appeal Board,
United States Patent and Trademark
Office, Department of Commerce.
ACTION: Request for comments.
AGENCY:
The United States Patent and
Trademark Office (Office or USPTO)
SUMMARY:
E:\FR\FM\20OCP1.SGM
20OCP1
Agencies
[Federal Register Volume 85, Number 203 (Tuesday, October 20, 2020)]
[Proposed Rules]
[Pages 66501-66502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22607]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0573]
RIN 1625-AA09
Drawbridge Operation Regulation; Little Manatee River, Ruskin,
Hillsborough County, FL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Seaboard Systems Railroad Bridge across the Little Manatee
River, mile 2.4, at Ruskin, Hillsborough County, FL. This proposed rule
would allow the swing bridge to be remotely operated and provide an
opening when a three hour notice is given. The proposed rule would also
change the name of the bridge to reflect current ownership.
DATES: Comments and relate material must reach the Coast Guard on or
before December 21, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0573 using Federal eRulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email LT Clark W. Sanford with the Coast Guard Sector St
Petersburg Florida, Waterways Office; telephone 813-228-2191 x8105,
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, Purpose and Legal Basis
CSX Transportation requested the Coast Guard consider allowing the
Seaboard Systems Railroad Bridge 33 CFR 117.297, across the Little
Manatee River to be remotely operated. The name of the bridge would be
updated to reflect the current bridge owner and will be referred to as
the CSX Railroad Bridge. The Seaboard System Railroad Bridge across the
Little Manatee River, mile 2.4, at Ruskin, Hillsborough County, FL is a
swing bridge. The bridge is currently maintained in the closed position
with a three hour advance notice for an opening. It has a vertical
clearance of 5 feet at mean high water in the closed position and a
horizontal clearance of 35 feet.
III. Discussion of Proposed Rule
The Coast Guard proposes to modify the operating schedule of the
Seaboard System Railroad Bridge across Little Manatee River, mile 2.4,
in Ruskin, Hillsborough County, FL. This proposed regulation would
change the name of the bridge and allow the bridge to be remotely
monitored and operated. This proposal will allow vessels to pass
through the bridge while taking into account the reasonable needs of
other modes of transportation.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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 ability that
vessels can still transit the bridge given advanced notice. Vessels
that can transit under the bridge without an opening may do so at any
time.
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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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 IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would call 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
[[Page 66502]]
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 proposed 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 proposed 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.
If you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has 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 proposed rule simply promulgates
the operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; DHS Delegation No.
0170.1.
0
2. Revise Sec. 117.297 to read as follows:
Sec. 117.297 Little Manatee River.
The draw for the CSX Railroad Bridge, mile 2.4 near Ruskin FL,
shall operate as follows:
(a) The bridge is normally maintained in the closed position.
(b) The bridge is not tendered locally, but will be monitored and
operated by a remote bridge tender. The draw must open if at least
three hours advance notice is requested via marine radio channel 9 VHF
or telephone (813) 677-3974.
(c) Marine radio communication shall be maintained, by the remote
bridge tender, with mariners near the bridge for the safety of
navigation. Visual monitoring of the waterway shall be maintained with
the use of cameras. Detection sensors shall be installed for the
detection of vessels approaching the spans.
(d) The bridge shall not be operated from the remote location in
the following events: Failure or obstruction of the detection sensors,
cameras or marine radio communications. In these situations, a bridge
tender must be on-site and locally operate the bridge.
Dated: October 7, 2020.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2020-22607 Filed 10-19-20; 8:45 am]
BILLING CODE 9110-04-P