31794 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 

1 Documents submitted to the docket by OSHA or 

stakeholders are assigned document identification 

numbers (Document ID) for easy identification and 

retrieval. The full Document ID is the docket 

number plus a unique four-digit code. OSHA is 

identifying supporting information in this 

document by author name, publication year, and 

the last four digits of the Document ID. 

Instructions: All submissions must 

include the agency’s name and the 

docket number for this rulemaking 

(Docket No. OSHA–2021–0006). All 

comments, including any personal 

information you provide, are placed in 

the public docket without change and 

may be made available online at 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

information they do not want made 

available to the public, or submitting 

materials that contain personal 

information (either about themselves or 

others), such as Social Security numbers 

and birthdates. 

Docket: To read or download 

comments and other materials 

submitted in the docket, go to Docket 

No. OSHA–2021–0006 at 

www.regulations.gov. All comments and 

submissions are listed in the 

www.regulations.gov index; however, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through that website. 

All comments and submissions, 

including copyrighted material, are 

available for inspection through the 

OSHA Docket Office.1 Contact the 

OSHA Docket Office at (202) 693–2350, 

(TTY (877) 889–5627) for information 

about materials not available through 

the website, and for assistance in using 

the internet to locate docket 

submissions. 

Electronic copies of this Federal 

Register document are available at 

www.regulations.gov. This document, as 

well as news releases and other relevant 

information, is available at OSHA’s 

website at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

press inquiries: Contact Frank 

Meilinger, Director, Office of 

Communications, Occupational Safety 

and Health Administration, U.S. 

Department of Labor; telephone (202) 

693–1999; email: meilinger.francis2@

dol.gov. 

For general information and technical 

inquiries: Contact Lee Anne Jillings, 

Director, Directorate of Technical 

Support and Emergency Management, 

U.S. Department of Labor; telephone 

(202) 693–2300; email: 

Jillings.LeeAnne@dol.gov. 

SUPPLEMENTARY INFORMATION: On March 

30, 2022, OSHA published a notice of 

proposed rulemaking to amend its 

recordkeeping regulation to require 

certain employers to electronically 

submit injury and illness information to 

OSHA that employers are already 

required to keep under the 

recordkeeping regulation (87 FR 18528). 

The notice set a deadline of May 31, 

2022, for submitting written comments. 

OSHA has received a request from the 

American Federation of Labor and 

Congress of Industrial Organizations 

(AFL–CIO) to extend the comment 

period between 30 to 60 additional days 

(Document ID 0027). The AFL–CIO’s 

request explains that the agency has 

multiple deadlines within a one-week 

period, and the AFL–CIO wishes to have 

time to meaningfully respond to the 

important issues in both this notice and 

the several other requests for comment 

by OSHA. After reviewing this 

comment, OSHA has decided to extend 

the deadline for submitting comments to 

June 30, 2022, in order to provide 

stakeholders an additional 30 days (90 

days total) to prepare and submit 

meaningful responses to this 

rulemaking. 

Authority and Signature 

This document was prepared under 

the direction of Douglas L. Parker, 

Assistant Secretary of Labor for 

Occupational Safety and Health, U.S. 

Department of Labor, 200 Constitution 

Avenue NW, Washington, DC 20210. It 

is issued under sections 8 and 24 of the 

Occupational Safety and Health Act (29 

U.S.C. 657, 673), section 553 of the 

Administrative Procedure Act (5 U.S.C. 

553), and Secretary of Labor’s Order No. 

08–2020 (85 FR 58393, Sept. 18, 2020). 

Signed at Washington, DC. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2022–11213 Filed 5–24–22; 8:45 am] 

BILLING CODE 4510–26–P 

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: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify the operating schedule that 

governs the Amtrak Railroad Bridge, 

mile 0.9, over Trail Creek, in Michigan 

City, Indiana, to allow it to operate 

remotely. The bridge has operated 

remotely since 2003 without inclusion 

in the CFR and without incident or 

public complaint. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

July 25, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0303 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 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 

(Advance, Supplemental) 

OMB Office of Management and Budget 

Right As viewed from the mouth of the 

river 

§ Section 

U.S.C. United States Code 

II. Background, Purpose and Legal 

Basis 

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 and provide the 

public 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 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 


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Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 31795 

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. 

In 33 CFR 117.401, the Amtrak 

Railroad Bridge, mile 0.9, is required to 

open on signal except that, from 

December 1 through March 15 the 

Amtrak Railroad Bridge, mile 0.9, is 

required to open on signal if a 12-hour 

advance notice is provided. 

III. Discussion of Proposed Rule 

This proposed rule will allow the 

public to comment on how well the 

bridge has been operated remotely for 

the last 19 years. The drawtender will 

continue to remain in Chicago, Illinois 

and will be responsible for the remote 

operation of two remote railroad 

bridges: The Amtrak Railroad Bridge, 

mile 0.9, over Trail Creek and the 

Amtrak Railroad Bridge, mile 3.77, over 

the South Branch of the Chicago River. 

The Amtrak Railroad Bridge, mile 0.9, 

will continue to operate a 2-way public 

address system to answer calls from: (1) 

Vessel horn signals; (2) a VHF–FM 

Marine Radio that will monitor channel 

16; and (3) cameras that will monitor 

the tracks, the underside of the bridge, 

and the upriver and down river view of 

the river. 

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 and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the fact that remote 

operation will not significantly impact a 

vessel’s ability to transit the bridge; 

further, the bridge has operated in said 

manner since 2003 without comment or 

complaint. 

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 

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. 


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31796 Federal Register / Vol. 87, No. 101 / Wednesday, May 25, 2022 / Proposed Rules 

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. 

We encourage you to submit 

comments through the Federal Decision 

Making Portal at https:// 

www.regulations.gov. To do so, go to 

https://www.regulations.gov, type 

USCG–2022–0303 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. 

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. 

We accept anonymous comments. 

Comments we post to https:// 

www.regulations.gov will include any 

personal information you have 

provided. For more about privacy and 

submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.401 Trail Creek revise 

paragraph (b) to read as follows: 

§ 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. 

* * * * * 

M.J. Johnston, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2022–11121 Filed 5–24–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0278] 

RIN 1625–AA00 

Safety Zone; Kittery Coast Guard Day 

Fireworks, Kittery, ME 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

certain navigable waters of the 

Piscataqua River near Kittery, Maine. 

This action is necessary to protect 

personnel, vessels, and the marine 

environment from potential hazards 

associated with a fireworks display. 

This proposed regulation would 

prohibit entry of vessels or persons into 

the safety zone unless authorized by the 

Captain of the Port Northern New 

England (COTP) or a designated 

representative. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 24, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0278 using the Federal Decision 

Making 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Chief Petty 

Officer Christopher Mckibben, 

Waterways Management Division, 

Sector Northern New England, U.S. 

Coast Guard; telephone 207–347–5003, 

email Christopher.R.Mckibben@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Northern New 

England 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On March 28, 2022, the Wood Island 

Life Saving Station Association notified 

the Coast Guard that it will be 

conducting a fireworks display from 9 

p.m. to 9:30 p.m. on August 6, 2022. 

The fireworks are to be launched from 

anchored floats on the Piscataqua River 

located approximately 1000 yards 

northwest of Fort Foster, Kittery, ME in 

position 43°04′23.9′′ N, 070°41′57.4′′ W 

(NAD83). Hazards from firework 

displays include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. The 

Captain of the Port Northern New 

England (COTP) has determined that 

potential hazards associated with the 

fireworks to be used in this display 

would be a safety concern for anyone 

within a 500-foot radius of the fireworks 

launch floats. 

The purpose of this rulemaking is to 

ensure the safety of vessels on the 

navigable waters within a 500-foot 

radius of the firework launch floats 

before, during, and after the scheduled 

event. The Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

safety zone from 9 p.m. to 9:30 p.m. on 

August 6, 2022. The safety zone would 

cover all navigable waters within 500 

feet of the anchored firework floats in 

the Piscataqua River located 

approximately 1000 yards northwest of 

Fort Foster in Kittery, ME. The duration 

of the zone is intended to ensure the 

safety of vessels and these navigable 

waters before, during, and after the 

scheduled 9 p.m. to 9:30 p.m. fireworks 

display on August 6, 2022. No vessel or 

person would be permitted to enter the 

safety zone without obtaining 

permission from the COTP or a 

designated representative. The 


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