33460 Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Proposed Rules 

Issued on May 25, 2022. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2022–11802 Filed 6–1–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0015] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Grand Canal, Indian Harbour Beach, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

modify the operating schedule that 

governs the Lansing Island Bridge across 

Grand Canal, mile 0.7 at Indian Harbour 

Beach, FL. A request was made to the 

Coast Guard to allow the drawbridge to 

remain closed to navigation and 

untended during the overnight hours 

due to a lack of requested openings. We 

invite your comments on this proposed 

rulemaking. 

DATES: Comments and relate material 

must reach the Coast Guard on or before 

July 5, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0015 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 Ms. Jennifer Zercher, 

Bridge Management Specialist, Seventh 

Coast Guard District, telephone 305– 

415–6740, email Jennifer.N.Zercher@

uscg.mil. 

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 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

FL Florida 

II. Background, Purpose and Legal 

Basis 

The Lansing Island Bridge across 

Grand Canal, mile 0.7, at Indian 

Harbour Beach, FL is a single-leaf 

bascule bridge with a 16 foot vertical 

clearance at mean high water in the 

closed position. The normal operating 

schedule for the bridge is set forth in 33 

CFR 117.285(a). Navigation on the 

waterway consists mainly of 

recreational mariners. 

The bridge owner, Lansing Island 

Homeowners Association, Inc. 

requested the Coast Guard consider 

allowing the drawbridge to remain 

closed to navigation and untended 

during the overnight hours due to a lack 

of requested openings. We requested a 

copy of the bridge logs from January 1, 

2021 through November 30, 2021. After 

reviewing the logs, the Coast Guard 

found the drawbridge provided three 

openings between the hours of 10 p.m. 

and 6 a.m. Two channels provide 

alternate access to Grand Canal. Vessels 

that can pass beneath the bridge without 

an opening may do so at any time. 

On February 1, 2022, the Coast Guard 

published a Test Deviation entitled 

Drawbridge Operation Regulation; 

Grand Canal, Indian Harbour Beach, FL 

in the Federal Register (87 FR 5401). 

Zero comments received. 

III. Discussion of Proposed Rule 

The proposed rule will allow the 

drawbridge to remain closed to 

navigation and untended during the 

overnight hours seven days a week. Two 

channels provide alternate access to 

Grand Canal. 

This proposed change would still 

allow vessels that are capable of 

transiting under the bridge, without an 

opening, to do so at any time. 

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 regulatory action determination 

is based on the ability that vessels 

capable of transiting under the bridge, 

without an opening, may do so at any 

time and alternate routes for vessels to 

transit Grand Canal are available. 

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 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 106 / Thursday, June 2, 2022 / Proposed Rules 33461 

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. 

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–2022–0015 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 

■ 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. Amend § 117.285 by revising 

paragraph (a) to read as follows:

§ 117.285 Grand Canal.

(a) The draw of the Lansing Island

Bridge, mile 0.7, at Indian Harbour 

Beach, shall open on signal, except that 

from 10 p.m. to 6 a.m., daily, the draw 

need not open for the passage of vessels 

and will be untended. 

* * * * * 

Dated: May 25, 2022.

Brendan C. McPherson, 

Rear Admiral, U.S. Coast Guard, Commander 

Coast Guard Seventh District. 

[FR Doc. 2022–11744 Filed 6–1–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2022–0359; FRL–9886–01– 

R8] 

Air Plan Approval; North Dakota; 

Removal of Exemptions to Visible Air 

Emissions Restrictions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision it received on November 11, 

2016, submitted by the State of North 

Dakota, through the North Dakota 

Department of Health (NDDH). The 

revision was submitted by North Dakota 

in response to a finding of substantial 

inadequacy and SIP call published on 

June 12, 2015, for a provision in the 

North Dakota SIP related to excess 

emissions during startup, shutdown, 

and malfunction (SSM) events. EPA is 

proposing approval of the SIP revision 

and proposing to determine that this SIP 

revision corrects the deficiency 

identified in the June 12, 2015, SIP call. 

DATES: Comments must be received on 

or before July 5, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2022–0359 at https:// 


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