Drawbridge Operation Regulation; Drawbridge Operation Regulation; Erie Canal, Part of the New York State Canal System, in Brockport, NY, 22966-22968 [2023-07859]
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22966
§ 556.6
Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
Report to the Commission.
(a) When a tribe licenses a primary
management official or a key employee,
the tribe shall maintain the information
listed under § 556.4(a)(1) through (14).
*
*
*
*
*
■ 8. Revise § 556.8 to read as follows:
§ 556.8
Compliance with this part.
All tribal gaming ordinances and
ordinance amendments approved by the
Chair prior to [effective date of final
rule] do not need to be amended to
comply with this part. All future
ordinance submissions, however, must
comply.
PART 558—GAMING LICENSES FOR
KEY EMPLOYEES AND PRIMARY
MANAGEMENT OFFICIALS
9. The authority citation for part 558
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2710, 2712.
■
10. Revise § 558.3 to read as follows:
ddrumheller on DSK120RN23PROD with PROPOSALS1
§ 558.3 Notification to NIGC of license
decisions and retention obligations.
(a) After a tribe has provided a notice
of results of the background check to the
Commission, a tribe may license a
primary management official or key
employee.
(b) Within 30 days after the issuance
of the license, a tribe shall notify the
Commission of its issuance.
(c) A key employee or primary
management official who does not have
a license after ninety (90) days shall not
be permitted to perform the duties,
functions, and/or responsibilities of a
key employee or primary management
official until so licensed.
(d) If a tribe does not license an
applicant—
(1) The tribe shall notify the
Commission; and
(2) Shall forward copies of its
eligibility determination and notice of
results, under § 556.6(b)(2) of this
chapter, to the Commission for
inclusion in the Indian Gaming
Individuals Record System.
(e) If a tribe revokes a key employee
or primary management official’s
license—
(1) The tribe shall notify the
Commission; and
(2) Shall forward copies of its license
revocation decision and a summary of
the evidence it relied upon to the
Commission for inclusion in the Indian
Gaming Individuals Record System.
(f) A tribe shall retain the following
for inspection by the Chair or their
designee for no less than three years
from the date of termination of
employment:
(1) The information listed under
§ 556.4(a)(1) through (14);
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17:22 Apr 13, 2023
Jkt 259001
(2) Investigative reports, as defined in
§ 556.6(b);
(3) Eligibility determinations, as
defined in § 556.5;
(4) Privacy Act notice, as defined in
§ 556.2; and
(5) False Statement notice, as defined
in § 556.3.
■ 11. Revise § 558.4 to read as follows:
§ 558.4 Notice of information impacting
eligibility and licensee’s right to a hearing.
(a) If, after the issuance of a gaming
license pursuant to § 558.3 of this
chapter, the Commission receives
reliable information indicating that a
key employee or a primary management
official is not eligible for a license under
§ 556.5 of this chapter, the Commission
shall notify the issuing tribe of the
information.
(b) Upon receipt of such notification
under paragraph (a) of this section, a
tribe shall immediately suspend the
license and shall provide the licensee
with written notice of suspension and
proposed revocation.
(c) A tribe shall notify the licensee of
a time and a place for a hearing on the
proposed revocation of a license.
(d) The right to a revocation hearing
shall vest upon receipt of a license or at
such earlier time as is determined by
tribal law, regulation, and/or policy.
(e) After a revocation hearing, a tribe
shall decide to revoke or to reinstate a
gaming license. A tribe shall notify the
Commission of its decision within 45
days of receiving notification from the
Commission pursuant to paragraph (a)
of this section.
■ 12. Revise § 558.6 to read as follows:
§ 558.6
Compliance with this part.
All tribal gaming ordinances and
ordinance amendments that have been
approved by the Chair prior to [effective
date of final rule], and that reference
this part do not need to be amended to
comply with this section. All future
ordinance submissions, however, must
comply.
Dated: March 27, 2023.
Edward Simermeyer,
Chairman.
Jean Hovland,
Vice Chair.
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0038]
RIN 1625–AA09
Drawbridge Operation Regulation;
Drawbridge Operation Regulation; Erie
Canal, Part of the New York State
Canal System, in Brockport, NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
temporarily change the operating
schedule that governs the E–182 Main
Street Bridge, mile 278.93, over the Erie
Canal, in Brockport, NY to allow
contractors to rehabilitate the bridge.
The roadway has been closed since last
fall and vehicles are unable to cross the
bridge until repairs are completed. New
York Department of Transportation has
made this request to temporarily modify
the bridge operations to allow for the
required maintenance. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
May 1, 2023.
The Coast Guard anticipates that this
proposed rule will go final and be
effective from midnight on May 31,
2023, through midnight on October 25,
2024.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0038 using Federal DecisionMaking 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: Mr. Lee D. Soule,
Bridge Management Specialist, Ninth
Coast Guard District; telephone 216–
902–6085, email Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
[FR Doc. 2023–06765 Filed 4–13–23; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF HOMELAND
SECURITY
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NYDOT New York Department of
Transportation
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
E:\FR\FM\14APP1.SGM
14APP1
Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
II. Background, Purpose, and Legal
Basis
The Erie Canal is 362.9 miles long
canal that runs east-west between the
Hudson River and Lake Erie. Completed
in 1825, the canal was the first
navigable waterway connecting the
Atlantic Ocean to the Great Lakes. The
Erie Canal, to include all land and
original structures within 500-feet of the
shore, is a registered national historic
landmark. The Erie Canal is controlled
by 57 locks and 17 lift bridges and can
accommodate vessels 300-feet long and
over 43-feet wide. The Erie Canal is
used primarily by recreational vessels,
though it remains served by several
commercial barge-towing companies
and is open to small craft and some
larger vessels from May through
November each year. During winter,
water is drained from parts of the canal
for maintenance.
The Erie Canal does not have a
section under 33 CFR part 117, subpart
B, and all bridges are required to operate
under the general responsibilities for
bridge owners.
ddrumheller on DSK120RN23PROD with PROPOSALS1
III. Discussion of Proposed Rule
The E–182 Main Street Bridge, mile
278.93, over the Erie Canal, provides a
horizontal clearance of 116-feet and a
vertical clearance of 3-feet in the closed
position and 16-feet in the open
position based on canal low pool
elevation. There is no alternative route
for vessels.
The proposed rule will allow snooper
type vehicles and other man lift
equipment operating above the water to
perform required maintenance to the
bridge. Spotters will watch for
approaching vessels and move the
equipment to allow vessels to safely
pass the area.
During rehabilitation, the bridge will
be locked in the fully open position and
will only encroach on the waterway
with under bridge type vehicles. This
project will place negligible burdens on
the vessel operators and impose
minimal restrictions on traffic.
Vehicular traffic can use one of two
bridges in the near vicinity. The
rehabilitation project is required to
maintain the bridge in serviceable
condition for all modes of transportation
at this crossing.
The bridge has been closed to vehicle
traffic since last fall due to the critical
repairs that need to be made. Vehicle
detours have been approved by the
cognizant NYDOT office.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
VerDate Sep<11>2014
17:22 Apr 13, 2023
Jkt 259001
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 proposed rule is considered to be
not significant because there will be no
restrictions placed on vessels pacing
under the bridge at any time and the
published fully open to navigation
clearances will be maintained at all
times.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
22967
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
E:\FR\FM\14APP1.SGM
14APP1
22968
Federal Register / Vol. 88, No. 72 / Friday, April 14, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
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–2023–0038 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.
VerDate Sep<11>2014
17:22 Apr 13, 2023
Jkt 259001
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
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 0170.1.
2. Revise § 117.783T to read as follows
§ 117.783T
Erie Canal.
(a) The E–200 North Main Street
Bridge, mile 293.15, over the Erie Canal,
in Brockport, NY will be rehabilitated
with under bridge vehicles. The Bridge
will remain in the open to navigation
position for the duration of the project.
Spotters will warn of approaching
vessels and move the man lift to allow
vessels to pass. Bridge lighting will be
temporarily replaced with steady
burning yellow lights on the bottom and
four-corners of the bridge where they
can best be seen by vessels approaching
from upriver or down river of the
bridge.
(b) The E–182 Main Street Bridge,
mile 278.93, over the Erie Canal, in
Brockport, NY will be rehabilitated with
under bridge vehicles. The Bridge will
remain in the open to navigation
position for the duration of the project.
Spotters will warn of approaching
vessels and move the man lift to allow
vessels to pass. Bridge lighting will be
temporarily replaced with steady
burning yellow lights on the bottom and
four-corners of the bridge where they
can best be seen by vessels approaching
from upriver or down river of the
bridge.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2023–07859 Filed 4–13–23; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00050
Coast Guard
33 CFR Part 147
[Docket Number USCG–2021–0676]
RIN 1625–AA00
Safety Zone; ARGOS Semisubmersible
Floating Production Unit Outer
Continental Shelf Facility, Green
Canyon Block 780, Gulf of Mexico
AGENCY:
Bridges.
■
DEPARTMENT OF HOMELAND
SECURITY
Fmt 4702
Sfmt 4702
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard is proposing
to establish a safety zone around the
ARGOS Semisubmersible Floating
Production Unit (FPU), located in Green
Canyon Block 780 on the Outer
Continental Shelf (OCS) in the Gulf of
Mexico. The purpose of this rule is to
protect the facility from all vessel traffic
operating outside the normal shipping
channels and fairways that are not
providing service to or working with the
facility. Establishing a safety zone
around the facility will significantly
reduce the threat of allisions, collisions,
security breaches, oil spills, releases of
natural gas, and thereby protect the
safety of life, property, and the
environment.
SUMMARY:
Comments and related material
must be received by the Coast Guard on
or before May 15, 2023.
DATES:
You may submit comments
identified by docket number USCG–
2021–0676 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
ADDRESSES:
If
you have questions about this proposed
rulemaking, call or email LCDR David
Newcomb, District Eight OCS, U.S.
Coast Guard; telephone 504–671–2106,
David.T.Newcomb@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
FPU Floating Production Unit
NPRM Notice of proposed rulemaking
OCS Outer Continental Shelf
§ Section
U.S.C. United States Code
E:\FR\FM\14APP1.SGM
14APP1
]]>Agencies
[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Pages 22966-22968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07859]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0038]
RIN 1625-AA09
Drawbridge Operation Regulation; Drawbridge Operation Regulation;
Erie Canal, Part of the New York State Canal System, in Brockport, NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily change the operating
schedule that governs the E-182 Main Street Bridge, mile 278.93, over
the Erie Canal, in Brockport, NY to allow contractors to rehabilitate
the bridge. The roadway has been closed since last fall and vehicles
are unable to cross the bridge until repairs are completed. New York
Department of Transportation has made this request to temporarily
modify the bridge operations to allow for the required maintenance. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before May 1, 2023.
The Coast Guard anticipates that this proposed rule will go final
and be effective from midnight on May 31, 2023, through midnight on
October 25, 2024.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0038 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: Mr. Lee D. Soule, Bridge Management Specialist,
Ninth Coast Guard District; telephone 216-902-6085, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NYDOT New York Department of Transportation
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
[[Page 22967]]
II. Background, Purpose, and Legal Basis
The Erie Canal is 362.9 miles long canal that runs east-west
between the Hudson River and Lake Erie. Completed in 1825, the canal
was the first navigable waterway connecting the Atlantic Ocean to the
Great Lakes. The Erie Canal, to include all land and original
structures within 500-feet of the shore, is a registered national
historic landmark. The Erie Canal is controlled by 57 locks and 17 lift
bridges and can accommodate vessels 300-feet long and over 43-feet
wide. The Erie Canal is used primarily by recreational vessels, though
it remains served by several commercial barge-towing companies and is
open to small craft and some larger vessels from May through November
each year. During winter, water is drained from parts of the canal for
maintenance.
The Erie Canal does not have a section under 33 CFR part 117,
subpart B, and all bridges are required to operate under the general
responsibilities for bridge owners.
III. Discussion of Proposed Rule
The E-182 Main Street Bridge, mile 278.93, over the Erie Canal,
provides a horizontal clearance of 116-feet and a vertical clearance of
3-feet in the closed position and 16-feet in the open position based on
canal low pool elevation. There is no alternative route for vessels.
The proposed rule will allow snooper type vehicles and other man
lift equipment operating above the water to perform required
maintenance to the bridge. Spotters will watch for approaching vessels
and move the equipment to allow vessels to safely pass the area.
During rehabilitation, the bridge will be locked in the fully open
position and will only encroach on the waterway with under bridge type
vehicles. This project will place negligible burdens on the vessel
operators and impose minimal restrictions on traffic. Vehicular traffic
can use one of two bridges in the near vicinity. The rehabilitation
project is required to maintain the bridge in serviceable condition for
all modes of transportation at this crossing.
The bridge has been closed to vehicle traffic since last fall due
to the critical repairs that need to be made. Vehicle detours have been
approved by the cognizant NYDOT office.
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 proposed rule is considered to be not significant because
there will be no restrictions placed on vessels pacing under the bridge
at any time and the published fully open to navigation clearances will
be maintained at all times.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal 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
[[Page 22968]]
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-2023-0038 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. Revise Sec. 117.783T to read as follows
Sec. 117.783T Erie Canal.
(a) The E-200 North Main Street Bridge, mile 293.15, over the Erie
Canal, in Brockport, NY will be rehabilitated with under bridge
vehicles. The Bridge will remain in the open to navigation position for
the duration of the project. Spotters will warn of approaching vessels
and move the man lift to allow vessels to pass. Bridge lighting will be
temporarily replaced with steady burning yellow lights on the bottom
and four-corners of the bridge where they can best be seen by vessels
approaching from upriver or down river of the bridge.
(b) The E-182 Main Street Bridge, mile 278.93, over the Erie Canal,
in Brockport, NY will be rehabilitated with under bridge vehicles. The
Bridge will remain in the open to navigation position for the duration
of the project. Spotters will warn of approaching vessels and move the
man lift to allow vessels to pass. Bridge lighting will be temporarily
replaced with steady burning yellow lights on the bottom and four-
corners of the bridge where they can best be seen by vessels
approaching from upriver or down river of the bridge.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-07859 Filed 4-13-23; 8:45 am]
BILLING CODE 9110-04-P
