Drawbridge Operation Regulation; Ashtabula River, Ashtabula, OH, 14744-14746 [2024-04274]

Download as PDF 14744 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations (MD) 8.4, ‘‘Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests,’’ would not affect the issue finality of any approval issued under 10 CFR part 52; and would not constitute forward fitting as that term is defined and described in MD 8.4. This RG will not apply to any construction permits, operating licenses, early site permits, limited work authorizations issued under 10 CFR 50.10, or combined licenses, for which the NRC issued a final environmental impact statement (EIS) preceded by a draft EIS under 10 CFR 51.76 or 51.75, any of which were issued by the NRC prior to issuance of this final RG. The NRC has already completed its siting determination for those construction permits, operating licenses, early site permits, limited work authorizations, and combined licenses. Therefore, no further NRC regulatory action on siting will occur for those licenses, permits, and authorizations, for which the guidance in the RG would be relevant. The methods described in this RG will be used in evaluating applications for construction permits, early site permits, combined operating licenses and limited work authorizations, which includes information under 10 CFR 51.49(b) or (f), with respect to compliance with applicable regulations governing the siting of new nuclear power plants and testing facilities, unless the applicant proposes an acceptable alternative method for complying with those regulations. Methods that differ from those described in this RG may be deemed acceptable if the applicant provides sufficient basis and information for the NRC staff to verify that the proposed alternative complies with the applicable NRC regulations. V. Submitting Suggestions for Improvement of Regulatory Guides khammond on DSKJM1Z7X2PROD with RULES A member of the public may, at any time, submit suggestions to the NRC for improvement of existing RGs or for the development of new RGs. Suggestions can be submitted on the NRC’s public website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ contactus.html. Suggestions will be considered in future updates and enhancements to the ‘‘Regulatory Guide’’ series. Dated: February 23, 2024. For the Nuclear Regulatory Commission. Meraj Rahimi, Chief, Regulatory Guide and Programs Management Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2024–04223 Filed 2–28–24; 8:45 am] BILLING CODE 7590–01–P VerDate Sep<11>2014 16:00 Feb 28, 2024 Jkt 262001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2023–0183] RIN 1625–AA09 Drawbridge Operation Regulation; River Rouge, Detroit, MI; Correction Coast Guard, Department of Homeland Security (DHS). ACTION: Correcting amendment. AGENCY: The Coast Guard is correcting regulations that published in the Federal Register on December 28, 2023. The final rule announced changes to the operations of all movable bridges over the River Rouge, Detroit, MI, to improve communications and establish winter hours. This correction fixes incorrect language in the regulations. The language in the final rule inadvertently stated the draw of the Dix Avenue Bridge, mile 2.73, is remotely operated, when it is not equipped or authorized to operate remotely. DATES: This correcting amendment is effective February 29, 2024. FOR FURTHER INFORMATION CONTACT: If you have questions on this correcting amendment, call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone 216–902–6085, email Lee.D.Soule@ uscg.mil. SUMMARY: In FR Doc. 2023–28645, appearing on page 89574 in the Federal Register of December 28, 2023, the final rule inadvertently identified in paragraph (h) that the bridge is remotely operated. The Coast Guard did not intend to include this text in § 117.645(h). Therefore, we are correcting paragraph (h) by removing the words ‘‘is remotely operated’’. SUPPLEMENTARY INFORMATION: List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard corrects 33 CFR part 117 by making the following correcting amendment: 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; and DHS Delegation No. 00170.1, Revision No. 01.3. 2. Amend § 117.645 by revising paragraph (h) to read as follows: ■ PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 § 117.645 River Rouge. * * * * * (h) The draw of the Dix Avenue Bridge, mile 2.73, is required to operate a radiotelephone, and shall open on signal except from January 1 through March 31 when the bridge shall open on signal if provided a 12-hour advance notice. Jonathan Hickey, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2024–04273 Filed 2–28–24; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2023–0189] RIN 1625–AA09 Drawbridge Operation Regulation; Ashtabula River, Ashtabula, OH Coast Guard, Department of Homeland Security (DHS). ACTION: Final rule. AGENCY: The Coast Guard is modifying the operating schedule that governs the Fifth Street Bridge, mile 0.15, and the Norfolk Southern Railroad Bridge, mile 1.5, both over the Ashtabula River. The Coast Guard is also changing signaling and signage requirements for the Norfolk Southern Railroad Bridge, mile 1.5. The Coast Guard is modifying these rules in response to complaints received concerning the operations of one or more bridges over the waterway and a desire to improve safety, remove barriers to interstate commerce, improve communications, and standardize winter operations associated with these bridges. DATES: This rule is effective April 1, 2024. SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov. Type USCG– 2023–0189 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this final 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: ADDRESSES: E:\FR\FM\29FER1.SGM 29FER1 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register IGLD85 International Great Lakes Datum of 1985 LWD Low Water Datum based on IGLD85 OMB Office of Management and Budget NPRM Notice of proposed rulemaking § Section U.S.C. United States Code khammond on DSKJM1Z7X2PROD with RULES II. Background Information and Regulatory History On May 8, 2023, the Coast Guard published an NPRM, with a request for comments, entitled ‘‘Drawbridge Operation Regulation; Ashtabula River, Ashtabula, OH’’ in the Federal Register (88 FR 29591) to seek your comments on whether the Coast Guard should consider modifying the current operating schedule. During the comment period that ended July 7, 2023, we did not receive any comments. The Ashtabula River flows into Lake Erie at the City of Ashtabula, Ohio. The Ashtabula River is 40 miles in length but only the first 2 miles of the river is navigable. Large commercial vessels, passenger vessels, and recreational vessels use the waterway. There are three bridges crossing the Ashtabula River. The Norfolk Southern Railroad, mile 0.5, is a fixed overhead conveyor with a horizontal clearance of over 50 feet and a vertical clearance of 100 feet above LWD. The Fifth Street Bridge, mile 1.4, is a single leaf bascule bridge with a reported horizontal clearance of 50 feet and a vertical clearance of 11 feet above LWD in the closed position and an unlimited clearance in the open position. The Norfolk Southern Railroad Bridge, mile 1.5, is a single leaf bascule bridge with a horizontal clearance of 112 feet and a vertical clearance of 11 feet above LWD in the closed position and an unlimited clearance in the open position. There is no alternative route for vessels traveling the Ashtabula River beyond mile 0.5 to prevent them from passing under or through one or all these bridges. Commercial vessels over 600 feet utilize moorings just outside of the river’s mouth. Several of the vessels in the Ashtabula River are small passenger vessels and other small craft over 21-feet. The two bascule bridges across the Ashtabula River are regulated by 33 CFR 117.847. The draw of the Fifth Street Bridge, mile 1.4, is required to open on signal for the passage of commercial and emergency vessels and on the hour and VerDate Sep<11>2014 16:00 Feb 28, 2024 Jkt 262001 half for all other vessels. The Norfolk Southern Railroad Bridge, mile 1.5, is authorized to operate remotely, and is required to open on signal from April 1 through November 30 from 7 a.m. to 11 p.m. and requires a 24-hour advance notice outside of this time. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The Coast Guard is also issuing new rules that will help mariners signal for and anticipate bridge openings. On a typical summer weekend over thirty vessels can be seen waiting at the bridge for an opening while there is no train crossing the bridge. Mariners repeatedly expressed uncertainty regarding how to request an opening citing poor radio communications with the bridge and vague signage at the bridge which does not explain how to request a bridge opening. This new regulation will require the remote drawtender to monitor and answer a telephone in addition to the other signals required by regulation to help improve communications at the bridge, reducing unnecessary delays and the risks posed by poor communications. IV. Discussion of Comments, Changes, and the Final Rule The Coast Guard did not receive any comments from the NPRM. 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 section 3(f) of Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). 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 given advanced notice and the requirement for signage has been in effect since April 24, 1984 (49 FR 17452), without any complaint to the burden of cost to the bridge owner. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 14745 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 E:\FR\FM\29FER1.SGM 29FER1 14746 Federal Register / Vol. 89, No. 41 / Thursday, February 29, 2024 / Rules and Regulations 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. khammond on DSKJM1Z7X2PROD with RULES 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, Table3–1 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. PART 117—DRAWBRIDGE OPERATION REGULATIONS Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and DHS Delegation No. 00170.1, Revision No. 01.3. ■ 2. Revise § 117.847 to read as follows: § 117.847 Ashtabula River. (a) The draw of the Fifth Street Bridge, mile 1.4, over the Ashtabula River shall open on signal for the passage of vessels on the hour and half hour, except from October 10 through May 1 when no drawtender is required to be in attendance and the bridge will open on signal with a 12-hour advance notice from vessels. (b) The draw of the Norfolk Southern Railroad Bridge, mile 1.5, over the Ashtabula River shall open on signal and may be remotely operated. The bridge owner shall maintain and monitor a 2-way public address system, VHF–FM Marine Radio, and telephone. From October 10 through May 1 the bridge will open on signal with a 12hour advance notice from vessels. The bridge shall display a sign readable from vessels approaching the bridge from upriver or down river and readable for 500 feet that states: the name of the bridge; the river mile; that the bridge is remotely operated; and that mariners may signal the bridge to open by sounding one prolonged blast followed by one short blast of the horn, calling via VHF–FM Marine Radio Channel 16, or by calling the number posted by the owner. The sign shall also include language notifying mariners that from October 10 through May 1 the bridge requires a 12-hour advance notice for openings by calling the number posted by the owner. Johnathan Hickey, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2024–04274 Filed 2–28–24; 8:45 am] BILLING CODE 9110–04–P Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: 16:00 Feb 28, 2024 Jkt 262001 Forest Service 1. The authority citation for part 117 continues to read as follows: ■ List of Subjects in 33 CFR Part 117 VerDate Sep<11>2014 DEPARTMENT OF AGRICULTURE PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 36 CFR Part 242 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 100 [Docket No. FWS–R7–SM–2021–0039; FXFR13350700640–245–FF07J00000] RIN 1018–BF19 Subsistence Management Regulations for Public Lands in Alaska—2023–24 and 2024–25 Subsistence Taking of Wildlife and Fish and Shellfish Regulations Forest Service, Agriculture; Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: This final rule revises regulations for seasons, harvest limits, methods, and means related to taking of fish for subsistence uses in Alaska during the 2023–2024 and 2024–2025 regulatory years and the customary and traditional use determinations for fish and shellfish. This rule also revises the regulations for subsistence taking of wildlife, in response to deferred proposals from the 2022–2024 wildlife regulations cycle. The Federal Subsistence Management Program provides a preference for customary and traditional uses by rural Alaska residents of wild, renewable resources on Federal public lands and waters in Alaska. DATES: This rule is effective February 29, 2024. ADDRESSES: Federal Subsistence Board meeting transcripts are available for review at the Office of Subsistence Management, 1011 East Tudor Road, Mail Stop 121, Anchorage, AK 99503; on the Office of Subsistence Management website (https:// www.doi.gov/subsistence); and at https://www.regulations.gov in Docket No. FWS–R7–SM–2021–0039. The comments received in response to the proposed rule are available at https:// www.regulations.gov in Docket No. FWS–R7–SM–2021–0039. FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o U.S. Fish and Wildlife Service, Attention: Amee Howard, Office of Subsistence Management; (907) 786– 3888 or subsistence@fws.gov. For questions specific to National Forest System lands, contact Gregory Risdahl, Subsistence Program Leader, U.S. SUMMARY: E:\FR\FM\29FER1.SGM 29FER1

Agencies

[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Rules and Regulations]
[Pages 14744-14746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04274]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0189]
RIN 1625-AA09


Drawbridge Operation Regulation; Ashtabula River, Ashtabula, OH

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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

SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Fifth Street Bridge, mile 0.15, and the Norfolk Southern 
Railroad Bridge, mile 1.5, both over the Ashtabula River. The Coast 
Guard is also changing signaling and signage requirements for the 
Norfolk Southern Railroad Bridge, mile 1.5. The Coast Guard is 
modifying these rules in response to complaints received concerning the 
operations of one or more bridges over the waterway and a desire to 
improve safety, remove barriers to interstate commerce, improve 
communications, and standardize winter operations associated with these 
bridges.

DATES: This rule is effective April 1, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2023-0189 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this final 
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist, 
Ninth Coast Guard District; telephone 216-902-6085, email 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 14745]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 8, 2023, the Coast Guard published an NPRM, with a request 
for comments, entitled ``Drawbridge Operation Regulation; Ashtabula 
River, Ashtabula, OH'' in the Federal Register (88 FR 29591) to seek 
your comments on whether the Coast Guard should consider modifying the 
current operating schedule. During the comment period that ended July 
7, 2023, we did not receive any comments.
    The Ashtabula River flows into Lake Erie at the City of Ashtabula, 
Ohio. The Ashtabula River is 40 miles in length but only the first 2 
miles of the river is navigable. Large commercial vessels, passenger 
vessels, and recreational vessels use the waterway. There are three 
bridges crossing the Ashtabula River. The Norfolk Southern Railroad, 
mile 0.5, is a fixed overhead conveyor with a horizontal clearance of 
over 50 feet and a vertical clearance of 100 feet above LWD. The Fifth 
Street Bridge, mile 1.4, is a single leaf bascule bridge with a 
reported horizontal clearance of 50 feet and a vertical clearance of 11 
feet above LWD in the closed position and an unlimited clearance in the 
open position. The Norfolk Southern Railroad Bridge, mile 1.5, is a 
single leaf bascule bridge with a horizontal clearance of 112 feet and 
a vertical clearance of 11 feet above LWD in the closed position and an 
unlimited clearance in the open position. There is no alternative route 
for vessels traveling the Ashtabula River beyond mile 0.5 to prevent 
them from passing under or through one or all these bridges. Commercial 
vessels over 600 feet utilize moorings just outside of the river's 
mouth. Several of the vessels in the Ashtabula River are small 
passenger vessels and other small craft over 21-feet.
    The two bascule bridges across the Ashtabula River are regulated by 
33 CFR 117.847. The draw of the Fifth Street Bridge, mile 1.4, is 
required to open on signal for the passage of commercial and emergency 
vessels and on the hour and half for all other vessels. The Norfolk 
Southern Railroad Bridge, mile 1.5, is authorized to operate remotely, 
and is required to open on signal from April 1 through November 30 from 
7 a.m. to 11 p.m. and requires a 24-hour advance notice outside of this 
time.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Coast Guard is also issuing new rules that will help mariners 
signal for and anticipate bridge openings.
    On a typical summer weekend over thirty vessels can be seen waiting 
at the bridge for an opening while there is no train crossing the 
bridge. Mariners repeatedly expressed uncertainty regarding how to 
request an opening citing poor radio communications with the bridge and 
vague signage at the bridge which does not explain how to request a 
bridge opening. This new regulation will require the remote drawtender 
to monitor and answer a telephone in addition to the other signals 
required by regulation to help improve communications at the bridge, 
reducing unnecessary delays and the risks posed by poor communications.

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

    The Coast Guard did not receive any comments from the NPRM.

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 section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
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 given advanced notice and the 
requirement for signage has been in effect since April 24, 1984 (49 FR 
17452), without any complaint to the burden of cost to the bridge 
owner.

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

[[Page 14746]]

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, Table3-1 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; and DHS Delegation No. 
00170.1, Revision No. 01.3.


0
2. Revise Sec.  117.847 to read as follows:


Sec.  117.847   Ashtabula River.

    (a) The draw of the Fifth Street Bridge, mile 1.4, over the 
Ashtabula River shall open on signal for the passage of vessels on the 
hour and half hour, except from October 10 through May 1 when no 
drawtender is required to be in attendance and the bridge will open on 
signal with a 12-hour advance notice from vessels.
    (b) The draw of the Norfolk Southern Railroad Bridge, mile 1.5, 
over the Ashtabula River shall open on signal and may be remotely 
operated. The bridge owner shall maintain and monitor a 2-way public 
address system, VHF-FM Marine Radio, and telephone. From October 10 
through May 1 the bridge will open on signal with a 12-hour advance 
notice from vessels. The bridge shall display a sign readable from 
vessels approaching the bridge from upriver or down river and readable 
for 500 feet that states: the name of the bridge; the river mile; that 
the bridge is remotely operated; and that mariners may signal the 
bridge to open by sounding one prolonged blast followed by one short 
blast of the horn, calling via VHF-FM Marine Radio Channel 16, or by 
calling the number posted by the owner. The sign shall also include 
language notifying mariners that from October 10 through May 1 the 
bridge requires a 12-hour advance notice for openings by calling the 
number posted by the owner.

Johnathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2024-04274 Filed 2-28-24; 8:45 am]
BILLING CODE 9110-04-P
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