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Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY

owner and will be addressed in section IV.

discuss First Amendment rights of protesters.

Coast Guard
III. Legal Authority and Need for Rule
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 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.

33 CFR Part 117
Docket No. USCG20200573
RIN 1625AA09

Drawbridge Operation Regulation;
Little Manatee River, Ruskin, Hillsborough County, FL
Coast Guard, Department of Homeland Security DHS.
ACTION: Final rule.
AGENCY:

The Coast Guard is changing the operating schedule that governs the Seaboard Systems Railroad Bridge across the Little Manatee River, mile 2.4, in Ruskin, Hillsborough County, FL.
This rule updates the name of the swing bridge and allow the swing bridge to be operated remotely. The draw is maintained in the closed position and will open with a three hour notice to the remote bridge tender.
DATES: This rule is effective April 22, 2021.
SUMMARY:

To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov. Type USCG
20200573 in the SEARCH box and click SEARCH. Click on Open Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Clark W. Sanford with Coast Guard Sector St Petersburg Florida, Waterways Office; telephone 813228
2191 x8105, email Clark.W.Sanford@
uscg.mil.
ADDRESSES:

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 Section U.S.C. United States Code
II. Background Information and Regulatory History On October 20, 2020, the Coast Guard published a notice of proposed rulemaking entitled Drawbridge Operation Regulation; Little Manatee River, Ruskin, Hillsborough County, FL in the Federal Register 85 FR
66501. The NPRM invited comments on the proposed rule change. One comment was received from the bridge
VerDate Sep<11>2014

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The bridge owner, CSX
Transportation, requested the Coast Guard consider allowing remote operation of the Seaboard System Railroad Bridge across the Little Manatee River, mile 2.4, in Ruskin, Hillsborough County, Florida. The Seaboard System Railroad Bridge across the Little Manatee River, mile 2.4, in Ruskin, Hillsborough County, FL is a swing bridge. The bridge is currently maintained in the closed position with a three hour advance notification 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.
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 Seaboard System Railroad Bridge across the Little Manatee River, mile 2.4, in Ruskin, Hillsborough County, FL. The bridge is currently unmanned and maintained in the closed position.
The bridge owner provided one comment. CSX requested the wording regarding the detection sensors be modified. The detection sensors will not detect approaching vessels but vessels that are within the radius of the swing span of the bridge. This change was made to the regulatory text in paragraph c.
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 approaching 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 813 6773974. The span is normally in the fully closed position and will display red lights to indicate that the span is fully closed. This rule would allow vessels to pass through the bridge while taking into account the reasonable needs of other modes of transportation.
V. Regulatory Analyses The Coast Guard has 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
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B. Impact on Small Entities The Regulatory Flexibility Act of 1980
RFA, 5 U.S.C. 601612, 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. 605b 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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 section.
Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to
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