Drawbridge Operation Regulation; Milford Haven, Hudgins, VA, 71517-71518 [2022-25528]

Download as PDF Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Rules and Regulations Information and Regulatory Affairs of OMB, that this rule is not a ‘‘major rule’’ as defined in section 351 of the Small Business Regulatory Enforcement Fairness Act of 1996. By the Commission. Commissioner Danly is concurring with a separate statement attached. Issued: November 17, 2022. Debbie-Anne A. Reese, Deputy Secretary. Revised Filing and Reporting Requirements for Interstate Natural Gas Company Rate Schedules and Tariffs (Issued November 17, 2022) DANLY, Commissioner, concurring: I concur with today’s final rule as I believe it complies with the Natural Gas Act and the Administrative Procedure Act.1 I write separately to express my apprehension that the Commission does not fully appreciate the burden that will be incurred, or how long it will take, for jurisdictional entities to come into compliance.2 It is my understanding that some pipeline companies currently create each statement and its supporting schedules using different software that do not, by themselves, link. Requiring links may require a pipeline company to upgrade existing, or implement entirely new, software systems—tasks which oftentimes are neither simple nor inexpensive. And while ‘‘pipelines are allowed to recover those costs through their rates,’’ 3 I would have preferred to have solicited additional comment on the cost and timing of the software upgrades that this rule might require in order to better inform our decision on whether and when to impose these changes. For these reasons, I respectfully concur. James P. Danly, Commissioner. [FR Doc. 2022–25601 Filed 11–22–22; 8:45 am] BILLING CODE 6717–01–P lotter on DSK11XQN23PROD with RULES1 [Docket No. USCG–2022–0226] RIN 1625–AA09 Drawbridge Operation Regulation; Milford Haven, Hudgins, VA Coast Guard, DHS. Temporary final rule. The Coast Guard is temporarily modifying the operating schedule that governs the SR223 (Gwynn’s Island) Bridge, across Milford Haven, mile 0.1, at Hudgins, Virginia. The temporary modification will allow the drawbridge to be maintained in the closed-to-navigation position and is necessary to accommodate bridge maintenance. SUMMARY: Docket No. RM21–18–000 1 Revised Filing & Reporting Requirements for Interstate Nat. Gas Co. Rate Schedules & Tariffs, 181 FERC ¶ 61,121 (2022). 2 Id. P 12 (‘‘Moreover, while pipelines may incur increased costs to comply with this final rule, we find that any additional burden would be limited. . . .’’). 3 Id. Jkt 259001 33 CFR Part 117 ACTION: FEDERAL ENERGY REGULATORY COMMISSION 15:59 Nov 22, 2022 Coast Guard AGENCY: UNITED STATES OF AMERICA VerDate Sep<11>2014 DEPARTMENT OF HOMELAND SECURITY This temporary final rule is effective from December 23, 2022, through 11 p.m. on April 15, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov. Type the docket number USCG–2022–0226 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ In the Document Type column, select ‘‘Supporting & Related Material.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary final rule, call or email Ms. Crystal Tucker, Bridge Administration Branch Fifth District, Coast Guard telephone 757–398–6422, email Crystal.k.tucker@ uscg.mil. DATES: 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 Information and Regulatory History On June 14, 2022, the Coast Guard published a notice of proposed rulemaking, with a request for comments, entitled Drawbridge Operation Regulation; Milford Haven, Hudgins, VA in the Federal Register 87 FR 35939. There, we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to the bridge maintenance. During the comment period that ended July 1, 2022, we received no comments. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 71517 III. Legal Authority and Need for Rule The SR223 (Gwynn’s Island) Bridge, across Milford Haven, mile 0.1, at Hudgins, Virginia has a vertical clearance of 12 feet above mean high water in the closed position and unlimited vertical clearance above mean high water in the open position. The current operating schedule for the drawbridge is published in 33 CFR 117.5. This temporary rule is necessary to facilitate safe and effective maintenance of the drawbridge. Under this temporary rule, the drawbridge will be maintained in the closed-to-navigation position twenty-four hours a day, seven days a week. The bridge will not be able to open for emergencies and there is no immediate alternative route for vessels unable to pass through the bridge in the closed position. Vessels that can safely transit through the bridge in the closed position with the reduced clearance must provide at least a thirty-minute notice to allow for navigation safety. The SR223 (Gwynn’s Island) Bridge is the only land-based method for access on and off Gwynn’s Island, therefore, placing the bridge in the open position to perform extensive bridge maintenance would adversely affect residents on the island. The Coast Guard is issuing this rule under authority in 33 U.S.C. 499. IV. Discussion of Comments, Changes and the Temporary Final Rule The Coast Guard provided a comment period of 16 days and no comments were received. No changes were made to the regulatory text of this temporary final rule. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders. 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 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). This regulatory action determination is a result of pre rulemaking coordination with maritime stakeholders including federal agencies. This proposed rule effectively balances E:\FR\FM\23NOR1.SGM 23NOR1 71518 Federal Register / Vol. 87, No. 225 / Wednesday, November 23, 2022 / Rules and Regulations the competing interests of land and maritime transportation. lotter on DSK11XQN23PROD with RULES1 B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received no comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, VerDate Sep<11>2014 15:59 Nov 22, 2022 Jkt 259001 Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01, 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 rule promulgates the operating regulations or procedures for drawbridges and is categorically excluded from further review, under paragraph L49, of Chapter 3, Table 3–1 of the U.S. Coast Guard Environmental Planning Implementation Procedures. Neither a Record of Environmental Consideration nor a Memorandum for the Record are required for this rule. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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; Department of Homeland Security Delegation No. 0170.1. 2. Effective December 23, 2022, through April 15, 2023, add § 117.1017T to read as follows: ■ § 117. 1017T Milford Haven. The draw of the SR223 (Gwynn’s Island) Bridge, mile 0.1, in Hudgins, need not be open for vessels. Dated: November 10, 2022. S.N. Gilreath, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2022–25528 Filed 11–22–22; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2022–0948] RIN 1625–AA87 Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: The Coast Guard is establishing a temporary, 500-yard radius, moving security zone for a certain vessel carrying Certain Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and La Quinta Channel. The temporary security zone is needed to protect the vessels, the CDC cargo, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or other events of a similar nature. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi or a designated representative. SUMMARY: This rule is effective without actual notice from November 23, 2022, until November 28, 2022. For the purposes of enforcement, actual notice will be used from November 22, 2022, until November 23, 2022. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander Anthony Garofalo, Sector Corpus Christi DATES: E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Rules and Regulations]
[Pages 71517-71518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25528]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0226]
RIN 1625-AA09


Drawbridge Operation Regulation; Milford Haven, Hudgins, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the SR223 (Gwynn's Island) Bridge, across Milford 
Haven, mile 0.1, at Hudgins, Virginia. The temporary modification will 
allow the drawbridge to be maintained in the closed-to-navigation 
position and is necessary to accommodate bridge maintenance.

DATES: This temporary final rule is effective from December 23, 2022, 
through 11 p.m. on April 15, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number USCG-2022-0226 in the ``SEARCH'' box and click 
``SEARCH.'' In the Document Type column, select ``Supporting & Related 
Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary final rule, call or email Ms. Crystal Tucker, Bridge 
Administration Branch Fifth District, Coast Guard telephone 757-398-
6422, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On June 14, 2022, the Coast Guard published a notice of proposed 
rulemaking, with a request for comments, entitled Drawbridge Operation 
Regulation; Milford Haven, Hudgins, VA in the Federal Register 87 FR 
35939. There, we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to the bridge maintenance. 
During the comment period that ended July 1, 2022, we received no 
comments.

III. Legal Authority and Need for Rule

    The SR223 (Gwynn's Island) Bridge, across Milford Haven, mile 0.1, 
at Hudgins, Virginia has a vertical clearance of 12 feet above mean 
high water in the closed position and unlimited vertical clearance 
above mean high water in the open position. The current operating 
schedule for the drawbridge is published in 33 CFR 117.5.
    This temporary rule is necessary to facilitate safe and effective 
maintenance of the drawbridge. Under this temporary rule, the 
drawbridge will be maintained in the closed-to-navigation position 
twenty-four hours a day, seven days a week. The bridge will not be able 
to open for emergencies and there is no immediate alternative route for 
vessels unable to pass through the bridge in the closed position. 
Vessels that can safely transit through the bridge in the closed 
position with the reduced clearance must provide at least a thirty-
minute notice to allow for navigation safety. The SR223 (Gwynn's 
Island) Bridge is the only land-based method for access on and off 
Gwynn's Island, therefore, placing the bridge in the open position to 
perform extensive bridge maintenance would adversely affect residents 
on the island.
    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.

IV. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard provided a comment period of 16 days and no 
comments were received. No changes were made to the regulatory text of 
this temporary final rule.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders.

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 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).
    This regulatory action determination is a result of pre rulemaking 
coordination with maritime stakeholders including federal agencies. 
This proposed rule effectively balances

[[Page 71518]]

the competing interests of land and maritime transportation.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, 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 rule promulgates the operating 
regulations or procedures for drawbridges and is categorically excluded 
from further review, under paragraph L49, of Chapter 3, Table 3-1 of 
the U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Effective December 23, 2022, through April 15, 2023, add Sec.  
117.1017T to read as follows:


Sec.  117. 1017T   Milford Haven.

    The draw of the SR223 (Gwynn's Island) Bridge, mile 0.1, in 
Hudgins, need not be open for vessels.

    Dated: November 10, 2022.
S.N. Gilreath,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2022-25528 Filed 11-22-22; 8:45 am]
BILLING CODE 9110-04-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.