Drawbridge Operation Regulation; Trail Creek, Michigan City, IN, 28989-28991 [2023-09574]
Download as PDF
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Rules and Regulations
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant the preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
*
*
*
*
*
Paragraph 6004 Class E Airspace Areas
Designated as an Extension to a Class D or
Class E Surface Area.
*
*
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*
*
AWP CA E4 Lemoore NAS, CA [Removed]
Lemoore NAS (Reeves Field), CA
(Lat. 36°19′59″ N, long. 119°57′08″ W)
Lemoore TACAN
(Lat. 36°20′39″ N, long. 119°57′59″ W)
That airspace extending upward from the
surface within 1.8 miles each side of the
Lemoore TACAN 335° and 357° radials,
extending from the 5.2-mile radius of
Lemoore NAS (Reeves Field) to 7 miles
northwest and north of the TACAN, and
within 1.8 miles each side of the Lemoore
TACAN 155° radial, extending from the 5.2mile radius to 7 miles southeast of the
TACAN.
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*
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
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*
AWP CA E5 Lemoore, CA [Amended]
Lemoore NAS (Reeves Field), CA
(Lat. 36°19′59″ N, long. 119°57′08″ W)
That airspace extending upward from 700
feet above the surface within a 7.9-mile
radius of the airport.
2. The incorporation by reference in
14 CFR 71.1 of FAA Order JO 7400.11G,
Airspace Designations and Reporting
Points, dated August 19, 2022, and
effective September 15, 2022, is
amended as follows:
*
Paragraph 5000
Class D Airspace.
[FR Doc. 2023–09033 Filed 5–4–23; 8:45 am]
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Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0303]
RIN 1625–AA09
Drawbridge Operation Regulation; Trail
Creek, Michigan City, IN
AGENCY:
*
ACTION:
*
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*
AWP CA E2 Lemoore, CA [Amended]
Lemoore NAS (Reeves Field), CA
(Lat. 36°19′59″ N, long. 119°57′08″ W)
VerDate Sep<11>2014
17:38 May 04, 2023
*
DEPARTMENT OF HOMELAND
SECURITY
Paragraph 6002 Class E Airspace Areas
Designated as a Surface Area.
*
*
Issued in Des Moines, Washington, on
April 25, 2023.
B.G. Chew,
Group Manager, Operations Support Group,
Western Service Center.
BILLING CODE 4910–13–P
*
AWP CA D Lemoore, CA [Amended]
Lemoore NAS (Reeves Field), CA
(Lat. 36°19′59″ N, long. 119°57′08″ W)
That airspace extending upward from the
surface to and including 2,700 feet MSL
within a 5.4-mile radius of the airport. This
Class D airspace area is effective during the
specific dates and times established in
advance by a Notice to Air Missions. The
effective date and time will thereafter be
continuously published in the Chart
Supplement.
lotter on DSK11XQN23PROD with RULES1
That airspace extending upward from the
surface within a 5.4-mile radius of the
airport. This Class E airspace area is effective
during the specific dates and times
established in advance by a Notice to Air
Missions. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Jkt 259001
Coast Guard, DHS.
Final rule.
The Coast Guard is modifying
the operating schedule that governs the
Amtrak Railroad Bridge, mil 0.9, across
SUMMARY:
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Fmt 4700
Sfmt 4700
28989
Trail Creek, in Michigan City, Indiana,
to allow it to operate remotely. The
bridge has operated remotely since 2003
without inclusion in the CFR. During
that period, the Coast Guard has not
received any reports of incident or
public complaint.
DATES: This rule is effective June 5,
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–2022–0303) 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 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:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register IGLD85 International
Great Lakes Datum of 1985
Left As viewed from the mouth of the river
LWD Low Water Datum Based on IGLD85
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
Right As viewed from the mouth of the
river
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On May 25, 2022, the Coast Guard
published a NPRM entitled ‘‘Drawbridge
Operation Regulation: Trail Creek,
Michigan City, IN’’ in the Federal
Register (87 FR 31794). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this regulatory change.
During the comment period that ended
on July 25, 2022, we received one
comment unrelated to this rulemaking.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The Amtrak Railroad Bridge, mile 0.9,
over Trail Creek, in Michigan City,
Indiana, was authorized to operate
remotely by letter during the United
States Coast Guard’s transition from the
Department of Transportation to the
Department of Homeland Security.
Inclusion of the Amtrak Railroad Bridge,
mile 0.9, into the regulations was
overlooked and this proposed rule will
correct that oversight. Further, the Coast
Guard was able to use the rulemaking
process as a means to provide the public
E:\FR\FM\05MYR1.SGM
05MYR1
28990
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Rules and Regulations
the opportunity to comment on the
bridge operations.
Trail Creek is 7.3 miles long and used
by small powered and unpowered
recreational vessels, commercial
passenger vessels, and fishing vessels.
Freighters have not utilized the
waterway for several years. The Amtrak
Railroad Bridge, mile 0.9, over Trail
Creek is a swing railroad bridge and
provides a horizontal clearance of 41
feet in the right draw and 44 feet in the
left draw and a vertical clearance of 7
feet above LWD in the closed position
and an unlimited vertical clearance in
the open position. Each day during the
summer, approximately 35 recreational
and commercial fishing vessels transit
the Amtrak Railroad Bridge, mile 0.9;
most of the 35 vessels make daily
roundtrips, transiting the bridge two
times each day.
IV. Discussion of Comments, Changes,
and the Final Rule
We did not receive any comments
concerning the proposed regulatory
language from the NPRM so the
proposed language will be published in
this FR without change.
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.
lotter on DSK11XQN23PROD with RULES1
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 based on the ability that vessels can
still transit the bridge without change to
the operating schedule of the bridge.
The remote operations equipment acts
as if a drawtender is present with the
ability to receive all signals.
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
VerDate Sep<11>2014
17:07 May 04, 2023
Jkt 259001
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard did not receive any
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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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.
During the NPRM comment period,
we did not receive any comments
concerning this bridge and we do not
intend to make changes from the
proposed language to the final
rulemaking.
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. During the
NPRM comment period that lasted 60days we did not receive any comments.
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:
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05MYR1
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Rules and Regulations
column, select ‘‘Supporting & Related
Material.’’
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
2. In § 117.401 Trail Creek, revise
paragraph (b) to read as follows:
■
§ 117.401
I. Table of Abbreviations
Trail Creek.
*
*
*
*
*
(b) The draw of the Amtrak Railroad
Bridge, mile 0.9, at Michigan City shall
open on signal, except from December 1
through March 15 the draw shall open
if at least 12-hours advance notice is
given. The bridge is authorized to be
operated remotely. The bridge shall
operate and maintain a VHF–FM Marine
Radio.
*
*
*
*
*
Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting
Commander, Ninth Coast Guard District.
[FR Doc. 2023–09574 Filed 5–4–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0210]
RIN 1625–AA00
Safety Zone; Allegheny River Mile
Marker 0.25–0.8, Pittsburgh, PA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
the Allegheny River at Mile Marker
0.25–0.8 from 9:30 p.m. through 11 p.m.
on May 19, 2023. This action is
necessary to provide safety of life on
these navigable waters during a drone
show display. This rule prohibits
persons and vessels from being in the
safety zone unless authorized by the
Captain of the Port Pittsburgh (COTP) or
a designated representative.
DATES: This rule is effective from 9:30
p.m. through 11 p.m. on May 19, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0210 in the search box and click
‘‘Search.’’ Next, in the Document Type
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
17:07 May 04, 2023
If
you have questions about this rule, call
or email LTJG Eyobe Mills, Marine
Safety Unit Pittsburgh, U.S. Coast
Guard; at telephone 412–221–0807 ext.
225, email Eyobe.D.Mills@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
1. The authority citation for part 117
continues to read as follows:
■
Jkt 259001
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 March 2, 2023, the Pittsburgh
Pirates notified the Coast Guard that it
will be conducting a drone show
display from 9:30 p.m. through 11 p.m.
on May 19, 2023. The drone show will
be conducted approximately 100 feet
toward the Allegheny River. In
response, on April 3, 2023, the Coast
Guard published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety Zone;
Allegheny River Mile Marker 0.25–0.8,
Pittsburgh, PA’’ (88 FR 19579). There
we stated why we issued the NPRM and
invited comments on our proposed
regulatory action related to this drone
show display. During the comment
period that ended April 24, 2023, we
received zero comments.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
respond to the potential safety hazards
associated with the drone show.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
COTP has determined potential hazards
associated with the drone show on the
Allegheny River at Mile Marker 0.25–0.8
from 9:30 p.m. through 11 p.m. on May
19, 2023. The purpose of this rule is to
ensure safety of vessels and the
navigable waters in the safety zone
before, during, and after the scheduled
event.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received zero
comments on our NPRM published
April 4, 2023. There are no changes in
the regulatory text of this rule from the
proposed rule in the NPRM.
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28991
This rule establishes a safety zone
from 9:30 p.m. to 11 p.m. on May 19,
2023. The safety zone would cover all
navigable waters on the Allegheny River
from Miles 0.25 to Mile 0.8. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 10 p.m. through 11
p.m. drone show display. No vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
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, 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 rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
this rule has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on size, location, and duration
of the temporary safety zone. This safety
zone impacts 0.55 miles stretch of the
Allegheny River for a short amount of
time of 1.5 hours on one evening. Vessel
traffic will be informed about the safety
zone through local notice to mariners.
Moreover, the Coast Guard will issue
Local Notice to Marines and a Broadcast
Notice to Mariner via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission from
the COTP to transit the zone.
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 received zero
comments from the Small Business
Administration on this rulemaking. The
Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
E:\FR\FM\05MYR1.SGM
05MYR1
Agencies
[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Rules and Regulations]
[Pages 28989-28991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09574]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0303]
RIN 1625-AA09
Drawbridge Operation Regulation; Trail Creek, Michigan City, IN
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Amtrak Railroad Bridge, mil 0.9, across Trail Creek, in
Michigan City, Indiana, to allow it to operate remotely. The bridge has
operated remotely since 2003 without inclusion in the CFR. During that
period, the Coast Guard has not received any reports of incident or
public complaint.
DATES: This rule is effective June 5, 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-2022-0303) 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 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 IGLD85 International Great Lakes Datum of 1985
Left As viewed from the mouth of the river
LWD Low Water Datum Based on IGLD85 NPRM Notice of Proposed
Rulemaking
OMB Office of Management and Budget
Right As viewed from the mouth of the river
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 25, 2022, the Coast Guard published a NPRM entitled
``Drawbridge Operation Regulation: Trail Creek, Michigan City, IN'' in
the Federal Register (87 FR 31794). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this regulatory change. During the comment period that ended on July
25, 2022, we received one comment unrelated to this rulemaking.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Amtrak Railroad Bridge, mile 0.9, over Trail Creek, in Michigan
City, Indiana, was authorized to operate remotely by letter during the
United States Coast Guard's transition from the Department of
Transportation to the Department of Homeland Security. Inclusion of the
Amtrak Railroad Bridge, mile 0.9, into the regulations was overlooked
and this proposed rule will correct that oversight. Further, the Coast
Guard was able to use the rulemaking process as a means to provide the
public
[[Page 28990]]
the opportunity to comment on the bridge operations.
Trail Creek is 7.3 miles long and used by small powered and
unpowered recreational vessels, commercial passenger vessels, and
fishing vessels. Freighters have not utilized the waterway for several
years. The Amtrak Railroad Bridge, mile 0.9, over Trail Creek is a
swing railroad bridge and provides a horizontal clearance of 41 feet in
the right draw and 44 feet in the left draw and a vertical clearance of
7 feet above LWD in the closed position and an unlimited vertical
clearance in the open position. Each day during the summer,
approximately 35 recreational and commercial fishing vessels transit
the Amtrak Railroad Bridge, mile 0.9; most of the 35 vessels make daily
roundtrips, transiting the bridge two times each day.
IV. Discussion of Comments, Changes, and the Final Rule
We did not receive any comments concerning the proposed regulatory
language from the NPRM so the proposed language will be published in
this FR without change.
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 based on the ability that
vessels can still transit the bridge without change to the operating
schedule of the bridge. The remote operations equipment acts as if a
drawtender is present with the ability to receive all signals.
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 did not receive any 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.
During the NPRM comment period, we did not receive any comments
concerning this bridge and we do not intend to make changes from the
proposed language to the final rulemaking.
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. During the NPRM comment period that lasted 60-days we
did not receive any comments.
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:
[[Page 28991]]
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. 00170.1, Revision No. 01.3.
0
2. In Sec. 117.401 Trail Creek, revise paragraph (b) to read as
follows:
Sec. 117.401 Trail Creek.
* * * * *
(b) The draw of the Amtrak Railroad Bridge, mile 0.9, at Michigan
City shall open on signal, except from December 1 through March 15 the
draw shall open if at least 12-hours advance notice is given. The
bridge is authorized to be operated remotely. The bridge shall operate
and maintain a VHF-FM Marine Radio.
* * * * *
Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2023-09574 Filed 5-4-23; 8:45 am]
BILLING CODE 9110-04-P