Drawbridge Operation Regulation; Bay St. Louis, Bay St. Louis, MS, 49793-49795 [2022-17400]

Download as PDF jspears on DSK121TN23PROD with PROPOSALS Federal Register / Vol. 87, No. 155 / Friday, August 12, 2022 / Proposed Rules basis as it often is with the existing duty of candor, at least when other violations are involved.14 13. As usual, I strongly encourage anyone with the inclination or an interest in this proceeding to comment on the issues it raises. 14. In particular, I ask for comments on the fundamental question whether the proposed duty of candor creates Constitutional due process concerns because it is impermissibly vague. What conduct, exactly, is prohibited? Is there any way to cure the void-forvagueness concerns? 15. How would a ‘‘due diligence’’ safe harbor work for members of the public, like the concert-going landowner who, in her communications with one of the listed entities, may be ‘‘prone to hyperbole’’? Will the proposal chill public engagement with FERC and the listed jurisdictional entities? Should the Office of Public Participation offer sessions on how to qualify for the safe harbor when members of the public engage with RTOs and Utilities? I particularly encourage consumer advocates to comment on what the implications of this rule might be. 16. Further, does the Commission have the statutory authority to extend the duty of candor as far as proposed? Does the Commission’s interest in protecting the integrity of its proceedings really extend to ‘‘any entity’’ in ‘‘any communication’’ ‘‘relate[d] to a matter subject to the jurisdiction of the Commission’’ with the rule’s range of listed entities? 17. It may be possible to narrow the proposed duty of candor so that it would not grant the Commission such sweeping enforcement powers. I solicit comment on whether an intent or materiality requirement would allay concerns that the rule will impermissibly encompass core First Amendment protected speech. 18. Another irony: the Commission may be unlikely to get much candor from the regulated community in response to this NOPR. Most companies will be reticent to file comments in opposition to a proposed rule of candor. But voicing opposition to an impermissibly vague and broad rule that exposes a company to sweeping liability does not mean that the company supports lying to the Commission. They should not be hesitant. I strongly encourage industry comments and would be particularly interested in any experience with the application of the current duty of candor to the extent any entity is at liberty to discuss them. I also welcome a thorough analysis of our existing caselaw to fully judge how the existing duty of candor has been applied. 19. I look forward to reviewing the full record. My hope is that it will be sufficient to persuade the majority not to finalize this rule. We do not need rules for everything, especially when they are as problematically vague and broad as the proposal here. 14 See, e.g., Coaltrain Energy, L.P., 155 FERC ¶ 61,204, at P 292 (2016). VerDate Sep<11>2014 16:27 Aug 11, 2022 Jkt 256001 For these reasons, I respectfully dissent. James P. Danly, Commissioner. [FR Doc. 2022–16608 Filed 8–11–22; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2022–0299] RIN 1625–AA09 Drawbridge Operation Regulation; Bay St. Louis, Bay St. Louis, MS Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to change how the CSX Transportation railroad drawbridge across Bay St. Louis, mile 0.5, Bay St. Louis, MS will operate. The bridge will continue to open according to the drawbridge regulations but the bridge tender will operate this bridge from a remote location at the CSX railroad terminal in Mobile, Alabama. We invite your comments on this proposed rulemaking. DATES: Comments and relate material must reach the Coast Guard on or before October 11, 2022. ADDRESSES: You may submit comments identified by docket number USCG– 2022–0299 using Federal Decision Making 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. SUMMARY: If you have questions on this proposed rule, call or email Douglas Blakemore, Eighth Coast Guard District Bridge Administration Branch Chief at (504) 671–2128 or Douglas.A.Blakemore@ uscg.mil. FOR FURTHER INFORMATION CONTACT: 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 49793 II. Background, Purpose and Legal Basis The CSX Transportation railroad drawbridge crosses Bay St. Louis, mile 0.5, Bay St. Louis, MS. The bridge will continue to open according to the drawbridge regulations but the bridge tender will operate this bridge from a remote location at the CSX railroad terminal in Mobile, AL. This bridge has a 13 foot vertical clearance at mean high water, an unlimited vertical clearance in the open to vessel position and a 100′ horizontal clearance. The bridge operates according to 33 CFR 117.5. CSX Transportation has requested to operate this bridge remotely from their railroad terminal in Mobile, AL. A copy of the bridge owners request can be found at https://regulations.gov in the Docket USCG–2022–2099. CSX has installed a remote operation system at the bridge and a remote control center, located in Mobile, AL. At the bridge, CSX has installed infrared cameras, closed circuit cameras and TVs, communication systems and information technology systems on the bridge that allow an operator from Mobile to monitor and control the bridge. This NPRM will run simultaneously with a Test Deviation; under the same name and docket number. Both documents can be found at https:// www.regulations.gov and comments can be to either document. This CSX drawbridge is located on Bay St. Louis, mile 0.5, Bay St. Louis, MS. It has a vertical clearance of 13′ in the closed to vessel position. The bridge operates according to 33 CFR 117.5. Bay St. Louis is used by commercial tows, barges and recreational vessel. The bridge opens for vessels about six times per day and vessels that do not need the bridge to open may pass. III. Discussion of Proposed Rule 33 CFR 117.42 sets Coast Guard drawbridge regulations. This regulation authorizes the Coast Guard District Commander to approve operations from a remote site. The bridge opens on signal for the passage of vessels in accordance with 33 CFR 117.5. This proposed rule will not change the operating schedule nor will it change how to request or signal for the bridge to open. Mariners requiring an opening may do so by contacting the CSX remote control center on Channels 13/16 or by the phone number posted at the bridge. This proposed rule requires CSX to have the capability, including resources and manpower to return the operator to the bridge location following any of the below situations: E:\FR\FM\12AUP1.SGM 12AUP1 49794 Federal Register / Vol. 87, No. 155 / Friday, August 12, 2022 / Proposed Rules (1) Any component of the remote operations system fails and prevents the remote operator from being able to visually identify vessels, communicate with vessels, detect vessels immediately underneath the bridge or visually identify trains approaching the bridge. (2) CSX fails to meet Federal Railway Administration (FRA) or any other government agency safety requirements; and. (3) At the direction of the District Commander 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. jspears on DSK121TN23PROD with PROPOSALS 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. 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). This regulatory action determination is based on the ability that vessels can still transit the bridge given advanced notice. 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 proposed rule would have a significant economic impact on it, please submit a comment (see VerDate Sep<11>2014 16:27 Aug 11, 2022 Jkt 256001 ADDRESSES) explaining why you think it qualifies and how and to what degree this rulemaking 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 Governments 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 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 $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 rulemaking 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 that do not individually or cumulatively have a significant effect on the human environment. This proposed rule 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 rulemaking. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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. Submitting comments. We encourage you to submit comments through the Federal Decision Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG–2022–0299 in the search box and click ‘‘Search.’’ Next, look for this document in the Search Results column, and click on it. Then click on the Comment option. 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. Viewing material in docket. To view documents mentioned in this proposed E:\FR\FM\12AUP1.SGM 12AUP1 Federal Register / Vol. 87, No. 155 / Friday, August 12, 2022 / Proposed Rules rule as being available in the docket, find the docket as described in the previous paragraph, and then select ‘‘Supporting & Related Material’’ in the Document Type column. Public comments will also be placed in our online docket and can be viewed by following instructions on the https:// www.regulations.gov Frequently Asked Questions web page. We review all comments received, but we will only post comments that address the topic of the proposed rule. We may choose not to post off-topic, inappropriate, or duplicate comments that we receive. 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 of any posting or updates to the docket. We accept anonymous comments. Comments we post to https:// www.regulations.gov 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). 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 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. Add § 117.676 to read as follows: jspears on DSK121TN23PROD with PROPOSALS § 117.676 Bay St. Louis. (a) The draw of the CSX Transportation Railroad bridge, mile 0.5 Bay St. Louis, MS shall be remotely operated by the bridge tender at CSX’s bridge remote control center in Mobile, Alabama and shall open promptly and fully when signaled to open. Vessels can contact the CSX bridge tender via VHF– FM channel 13 or 16 or by telephone at the number displayed on the signs posted at the bridge to request an opening of the draw. (b) CSX will return the tender to the bridge location within 3 hours following any of the below situations: (1) Any component of the remote operations system fails and prevents the remote operator from being able to visually identify vessels, communicate with vessels, detect vessels immediately underneath the bridge or visually identify trains approaching the bridge; VerDate Sep<11>2014 16:27 Aug 11, 2022 Jkt 256001 (2) CSX fails to meet Federal Railway Administration (FRA) or any other government agency safety requirements; (3) Anytime at the direction of the District Commander. Dated: August 5, 2022. R.V. Timme, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District. [FR Doc. 2022–17400 Filed 8–11–22; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 60 and 63 [EPA–HQ–OAR–2020–0371; FRL–8202–03– OAR] RIN 2060–AU97 National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution Technology Review and Standards of Performance for Bulk Gasoline Terminals Review Environmental Protection Agency (EPA). ACTION: Proposed rule; notice of data availability; request for comment; extending the comment period. AGENCY: The U.S. Environmental Protection Agency (EPA) is issuing a notice of data availability (NODA) and extending the comment period for proposed amendments to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Gasoline Distribution facilities and the Standards of Performance for Bulk Gasoline Terminals and proposed New Source Performance Standards (NSPS). The original proposed rule was published on June 10, 2022, with a 60-day public comment period closing August 9, 2022. With this notification, EPA is extending the public comment period for an additional 30 days, until September 12, 2022. DATES: The comment period for the proposed rule published June 10, 2022, at 87 FR 35608, is extended. Comments should be received by September 12, 2022. SUMMARY: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2020–0371. Follow the detailed instructions provided under ADDRESSES in the Federal Register document of June 10, 2022 (87 FR 35608) for the submission of comments. FOR FURTHER INFORMATION CONTACT: Mr. Neil Feinberg, Sector Policies and Programs Division (E143–01), Office of Air Quality Planning and Standards, ADDRESSES: PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 49795 U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 2214; fax number: (919) 541–0516; and email address: feinberg.stephen@ epa.gov. For more information on this action please visit https://www.epa.gov/ stationary-sources-air-pollution/ gasoline-distribution-mact-and-gactnational-emission-standards. SUPPLEMENTARY INFORMATION: The source categories subject to the June 10, 2022, proposal are Gasoline Distribution regulated under 40 CFR part 63, subparts R and BBBBBB and Petroleum Transportation and Marketing regulated under 40 CFR part 60, subpart XX. The EPA proposed revised requirements for loading operations, storage vessels and equipment leaks at bulk gasoline terminals and pipeline breakout stations at major sources of hazardous air pollutant emissions under the NESHAP for the major source gasoline distribution facilities (part 63, subpart R). The EPA also proposed revised requirements for loading operations, storage vessels and equipment leaks at area source bulk gasoline terminals, bulk gasoline plants, pipeline breakout stations, and pipeline pumping stations under the NESHAP for the area source gasoline distribution facilities (part 63, subpart BBBBBB). The sources affected by the proposed NSPS (part 60, subpart XXa) are loading operations and equipment leaks at bulk gasoline terminals that commenced construction or modification after June 10, 2022; emissions from storage vessels are covered under a separate NSPS (part 60, subpart Kb), which was not proposed to be amended. On July 25, 2022, Our Children’s Earth Foundation (‘‘OCE’’) requested an extension of the comment deadline for 30 to 45 days to review the proposed rules and supporting information included in the docket. OCE outlined several instances where they believed information appeared to be missing in the rulemaking docket. The EPA reviewed the rulemaking docket and concluded that, in most cases, the docket record was complete. However, we realized that we inadvertently omitted enforcement reports relied on for the proposed lower explosive limits (LEL) monitoring requirements included for internal floating roof storage vessels in that major and area source NESHAP. Following this request from OCE, EPA has decided to provide this notice of data availability (NODA) and comment period reopening to provide to notice and time for commenters to fully review the proposed rulemaking, including the additional information on LEL E:\FR\FM\12AUP1.SGM 12AUP1

Agencies

[Federal Register Volume 87, Number 155 (Friday, August 12, 2022)]
[Proposed Rules]
[Pages 49793-49795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17400]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0299]
RIN 1625-AA09


Drawbridge Operation Regulation; Bay St. Louis, Bay St. Louis, MS

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change how the CSX Transportation 
railroad drawbridge across Bay St. Louis, mile 0.5, Bay St. Louis, MS 
will operate. The bridge will continue to open according to the 
drawbridge regulations but the bridge tender will operate this bridge 
from a remote location at the CSX railroad terminal in Mobile, Alabama. 
We invite your comments on this proposed rulemaking.

DATES: Comments and relate material must reach the Coast Guard on or 
before October 11, 2022.

ADDRESSES:  You may submit comments identified by docket number USCG-
2022-0299 using Federal Decision Making 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 Douglas Blakemore, Eighth Coast Guard District 
Bridge Administration Branch Chief at (504) 671-2128 or 
[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

    The CSX Transportation railroad drawbridge crosses Bay St. Louis, 
mile 0.5, Bay St. Louis, MS. The bridge will continue to open according 
to the drawbridge regulations but the bridge tender will operate this 
bridge from a remote location at the CSX railroad terminal in Mobile, 
AL. This bridge has a 13 foot vertical clearance at mean high water, an 
unlimited vertical clearance in the open to vessel position and a 100' 
horizontal clearance. The bridge operates according to 33 CFR 117.5.
    CSX Transportation has requested to operate this bridge remotely 
from their railroad terminal in Mobile, AL. A copy of the bridge owners 
request can be found at https://regulations.gov in the Docket USCG-
2022-2099. CSX has installed a remote operation system at the bridge 
and a remote control center, located in Mobile, AL. At the bridge, CSX 
has installed infrared cameras, closed circuit cameras and TVs, 
communication systems and information technology systems on the bridge 
that allow an operator from Mobile to monitor and control the bridge.
    This NPRM will run simultaneously with a Test Deviation; under the 
same name and docket number. Both documents can be found at https://www.regulations.gov and comments can be to either document.
    This CSX drawbridge is located on Bay St. Louis, mile 0.5, Bay St. 
Louis, MS. It has a vertical clearance of 13' in the closed to vessel 
position. The bridge operates according to 33 CFR 117.5. Bay St. Louis 
is used by commercial tows, barges and recreational vessel. The bridge 
opens for vessels about six times per day and vessels that do not need 
the bridge to open may pass.

III. Discussion of Proposed Rule

    33 CFR 117.42 sets Coast Guard drawbridge regulations. This 
regulation authorizes the Coast Guard District Commander to approve 
operations from a remote site. The bridge opens on signal for the 
passage of vessels in accordance with 33 CFR 117.5. This proposed rule 
will not change the operating schedule nor will it change how to 
request or signal for the bridge to open. Mariners requiring an opening 
may do so by contacting the CSX remote control center on Channels 13/16 
or by the phone number posted at the bridge.
    This proposed rule requires CSX to have the capability, including 
resources and manpower to return the operator to the bridge location 
following any of the below situations:

[[Page 49794]]

    (1) Any component of the remote operations system fails and 
prevents the remote operator from being able to visually identify 
vessels, communicate with vessels, detect vessels immediately 
underneath the bridge or visually identify trains approaching the 
bridge.
    (2) CSX fails to meet Federal Railway Administration (FRA) or any 
other government agency safety requirements; and.
    (3) At the direction of the District Commander

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.

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. 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).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice.

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 proposed 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 rulemaking 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 Governments

    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 rulemaking 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 that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule 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 rulemaking. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2022-0299 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. 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.
    Viewing material in docket. To view documents mentioned in this 
proposed

[[Page 49795]]

rule as being available in the docket, find the docket as described in 
the previous paragraph, and then select ``Supporting & Related 
Material'' in the Document Type column. Public comments will also be 
placed in our online docket and can be viewed by following instructions 
on the https://www.regulations.gov Frequently Asked Questions web page. 
We review all comments received, but we will only post comments that 
address the topic of the proposed rule. We may choose not to post off-
topic, inappropriate, or duplicate comments that we receive. 
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 of any posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov 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).

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. Add Sec.  117.676 to read as follows:


Sec.  117.676  Bay St. Louis.

    (a) The draw of the CSX Transportation Railroad bridge, mile 0.5 
Bay St. Louis, MS shall be remotely operated by the bridge tender at 
CSX's bridge remote control center in Mobile, Alabama and shall open 
promptly and fully when signaled to open. Vessels can contact the CSX 
bridge tender via VHF-FM channel 13 or 16 or by telephone at the number 
displayed on the signs posted at the bridge to request an opening of 
the draw.
    (b) CSX will return the tender to the bridge location within 3 
hours following any of the below situations:
    (1) Any component of the remote operations system fails and 
prevents the remote operator from being able to visually identify 
vessels, communicate with vessels, detect vessels immediately 
underneath the bridge or visually identify trains approaching the 
bridge;
    (2) CSX fails to meet Federal Railway Administration (FRA) or any 
other government agency safety requirements;
    (3) Anytime at the direction of the District Commander.

     Dated: August 5, 2022.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2022-17400 Filed 8-11-22; 8:45 am]
BILLING CODE 9110-04-P
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