Drawbridge Operation Regulation; Pascagoula River, Pascagoula, MS, 50276-50278 [2022-17578]
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50276
Proposed Rules
Federal Register
Vol. 87, No. 157
Tuesday, August 16, 2022
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0298]
RIN 1625–AA09
Drawbridge Operation Regulation;
Pascagoula River, Pascagoula, MS
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change how the CSX Transportation
railroad drawbridge across the
Pascagoula River, mile 1.5, Pascagoula,
MS will be operated. 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.
SUMMARY:
Comments and relate material
must reach the Coast Guard on or before
October 17, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0298 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.
DATES:
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.
lotter on DSK11XQN23PROD with PROPOSALS1
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
VerDate Sep<11>2014
16:29 Aug 15, 2022
Jkt 256001
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The CSX Transportation railroad
drawbridge crosses the Pascagoula
River, mile 1.5, Pascagoula, 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, Alabama.
This bridge has an eight foot vertical
clearance at mean high water, an
unlimited vertical clearance when in the
open to vessel position and a 140′
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://www.regulations.gov in
the Docket USCG–2022–0298. 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 made to either document.
This CSX drawbridge is located on the
Pascagoula River, mile 1.5, Pascagoula,
MS. It has a vertical clearance of eight
feet in the closed to vessel position. The
bridge operates according to 33 CFR
117.5. Pascagoula River is used by
commercial tows, barges and
recreational vessel. The bridge opens for
vessels about 17 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
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Fmt 4702
Sfmt 4702
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:
(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
E:\FR\FM\16AUP1.SGM
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Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Proposed Rules
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.
lotter on DSK11XQN23PROD with PROPOSALS1
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
VerDate Sep<11>2014
16:29 Aug 15, 2022
Jkt 256001
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 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 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 rule. 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
PO 00000
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Fmt 4702
Sfmt 4702
50277
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–2022–0298 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
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 § 117.682 to read as follows:
§ 117.682
Pascagoula River.
(a) The draw of the CSX
Transportation Railroad bridge, mile 1.5
Pascagoula, MS shall be remotely
operated by the bridge tender at CSX’s
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Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Proposed Rules
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. 2022–17578 Filed 8–15–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0058]
RIN 1625–AA87
Security Zone; Port of Miami, Florida
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to change the existing Port of Miami
fixed security zone regulation that
encompasses certain navigable waters of
the Miami Main Channel in Miami, FL.
The proposed change is designed to
extend the existing security zone
eastward. The extension is needed to
include future cruise ship terminals at
the Port of Miami. This proposed action
would extend the existing fixed security
zone approximately 840 yards eastward
along the Miami Main Channel. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before September 15, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0058 using the Federal Decision
Making Portal at https://
www.regulations.gov. See the ‘‘Public
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:29 Aug 15, 2022
Jkt 256001
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this proposed
rulemaking, call or email LTJG Ben
Adrien, Waterways Management
Division Chief, U.S. Coast Guard;
telephone (305) 535–4307, email
Benjamin.D.Adrien@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On January 23, 2003, the Coast Guard
published a final rule entitled, ‘‘Security
Zones; Port of Palm Beach, Port
Everglades, Port of Miami, and Port of
Key West, Florida’’ in the Federal
Register 1 to protect the public, ports,
and waterways of the Port of Palm Beah,
Port Everglades, and the Port of Miami,
against potential subversive acts. The
existing fixed security zone described in
33 CFR 165.760(b)(2), for the Port of
Miami, encompasses all waters between
Watson Island and Star Island from the
MacArthur Causeway south to Port of
Miami. The Port of Miami is undergoing
an expansion project that will create
new cruise ship terminals at the eastern
end of the Port and outside the existing
security zone.
The proposed rule would make
changes to the existing fixed security
zone for the Port of Miami, described in
§ 165.760(b)(2), by extending the zone
by approximately 840 yards eastward
along the Miami Main Channel to just
west of the Biscayne Bay Pilots Station.
This proposed change is intended to
protect the public, ports and waterways
of the Port of Miami against potential
subversive acts The Coast Guard is
proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The Coast Guard is proposing to
extend the existing Port of Miami fixed
security zone eastward approximately
840 yards. The extension would cover
all navigable waters in the Main Ship
Channel from approximately Star Island
to just west of the Biscayne Bay Pilots
Station. The extension would carry the
same regulations described in § 165.760,
1 68
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FR 3189.
Frm 00003
Fmt 4702
Sfmt 4702
which goes into effect when two or
more passenger vessels, vessels carrying
cargoes of particular hazard, or vessels
carrying liquefied hazardous gas (LHG),
enter or moor within this zone. When
the security zone is in effect, persons
and vessels would not be allowed to
enter or transit the security zone along
the Miami Main Channel, unless
authorized by Captain of the Port of
Miami or a designated representative.
The regulatory text we are proposing
appears at the end of this document.
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 a number of 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.
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 three specific factors: (1)
persons and vessels may transit the
Miami Main Channel when only one
passenger vessel is berthed in the
channel, one vessel carrying cargoes of
particular hazard is berthed in the
channel, or one vessel carrying LHG is
berthed in the channel; (2) persons and
vessels may operate within the security
zone when authorized by Captain of the
Port of Miami or a designated
representative; and (3) mariners will be
notified of the fixed security zone
extension through the Local Notice to
Mainers.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 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.
E:\FR\FM\16AUP1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Proposed Rules]
[Pages 50276-50278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17578]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 /
Proposed Rules
[[Page 50276]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0298]
RIN 1625-AA09
Drawbridge Operation Regulation; Pascagoula River, Pascagoula, MS
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change how the CSX Transportation
railroad drawbridge across the Pascagoula River, mile 1.5, Pascagoula,
MS will be operated. 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 17, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0298 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 the Pascagoula
River, mile 1.5, Pascagoula, 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, Alabama. This bridge has an eight foot vertical clearance at
mean high water, an unlimited vertical clearance when in the open to
vessel position and a 140' 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://www.regulations.gov in the Docket USCG-
2022-0298. 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 made to either document.
This CSX drawbridge is located on the Pascagoula River, mile 1.5,
Pascagoula, MS. It has a vertical clearance of eight feet in the closed
to vessel position. The bridge operates according to 33 CFR 117.5.
Pascagoula River is used by commercial tows, barges and recreational
vessel. The bridge opens for vessels about 17 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:
(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
[[Page 50277]]
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 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 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 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 rule. 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-2022-0298 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 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. 117.682 to read as follows:
Sec. 117.682 Pascagoula River.
(a) The draw of the CSX Transportation Railroad bridge, mile 1.5
Pascagoula, MS shall be remotely operated by the bridge tender at CSX's
[[Page 50278]]
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. 2022-17578 Filed 8-15-22; 8:45 am]
BILLING CODE 9110-04-P
