34598 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Proposed Rules 

wholly contained within the Los 

Angeles en route airspace area and 

duplication is not necessary. 

Lastly, this action proposes 

administrative updates to the Class D 

and Class E5 legal descriptions. To 

match the FAA database, the city name 

in the first line of the Class D text 

header should be updated from ‘‘Point 

Mugu NAWS’’ to ‘‘Oxnard’’. To match 

the FAA database, the airport name in 

the second line of the Class D and Class 

E5 text headers should be updated to 

‘‘Point Mugu NAS (Naval Air Station 

Ventura Co) Airport, CA.’’ To match the 

FAA database, the geographic 

coordinates in the third line of the Class 

D and Class E5 text headers should be 

updated to lat. 34°07′09′′ N, long. 

119°07′11′′ W. As the Point Mugu NAS 

(Naval Air Station Ventura Co) Airport’s 

Class D airspace abuts the Class D areas 

for Oxnard and Camarillo Airports, the 

geographic coordinates in Point Mugu 

NAS (Naval Air Station Ventura Co) 

Airport’s Class D should be updated to 

more accurately define the common 

borders of the Class D areas, which 

would not represent a change to the 

current boundaries. Finally, the term 

‘‘Airport/Facility Directory’’ in the last 

sentence of the Class D airspace 

description is outdated and should be 

changed to ‘‘Chart Supplement.’’ 

Class D, Class E4, and Class E5 

airspace designations are published in 

paragraphs 5000, 6004, and 6005, 

respectively, of FAA Order 7400.11F, 

August 10, 2021, and effective 

September 15, 2021, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

FAA Order 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial, and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

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 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me, the Federal 

Aviation Administration proposes to 

amend 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] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AWP CA D Oxnard, CA [Amended] 

Point Mugu NAS (Naval Air Station Ventura 

Co) Airport, CA 

(Lat. 34°07′09′′ N, long. 119°07′11′′ W) 

That airspace extending upward from the 

surface to and including 3,000 feet MSL 

within a 4.3-mile radius of the Point Mugu 

NAWS, excluding that portion north and 

west of a line beginning at lat. 34°09′18.02′′ 

N, long. 119°02′40.92′′ W; to lat. 34°10′34.70′′ 

N, long. 119°04′1.71′′ W; to lat. 34°10′22′′ N, 

long. 119°09′27′′ W; to lat. 34°07′44.53′′ N, 

long. 119°12′18.39′′ W. This Class D airspace 

area is effective during the specific dates and 

times established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Chart Supplement. 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

AWP CA E4 Oxnard, CA [Removed] 

Point Mugu NAS, CA 

(Lat. 34°07′09′′ N, long. 119°07′11′′ W) 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

AWP CA E5 Oxnard, CA [Amended] 

Point Mugu NAS (Naval Air Station Ventura 

Co) Airport, CA 

(Lat. 34°07′09′′ N, long. 119°07′11′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.8-mile 

radius of the Point Mugu NAS Airport. 

Issued in Des Moines, Washington, on May 

26, 2022. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2022–12101 Filed 6–6–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2021–0301] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Three Mile Creek, Mobile, Alabama 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the operating schedule that 

governs the CSX Transportation 

drawbridge across Three Mile Creek, 

mile 0.0, Mobile, Mobile County, 

Alabama. This proposed modification 

will require the bridge to remain open 

to navigation for three 75 minute 

periods each day. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and relate material 

must reach the Coast Guard on or before 

August 8, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG 

2021–0301 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 Doug Blakemore, 

Eighth Coast Guard District Bridge 

Branch at (504) 671–2128 or 

Douglas.A.Blakemore@uscg.mil. 

SUPPLEMENTARY INFORMATION: 


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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 

II. Background, Purpose and Legal 

Basis 

CSX Transportation has requested to 

change the operating schedule of their 

drawbridge across Three Mile Creek, 

mile 0.0, Mobile, Mobile County, 

Alabama. This bridge is regulated under 

33 CFR 117.5 and opens on signal. It has 

a vertical clearance of 10’ in the closed 

to vessel position and is unlimited in 

the open to vessel position. Navigation 

on this creek consists of tows and barges 

and small industrial vessels. 

On June 1, 2021 at the request of CSX, 

the Coast Guard issued a temporary 

deviation to the regulations titled 

‘‘Drawbridge Operation Regulation; 

Three Mile Creek, AL’’ (86 FR 29204). 

There, we stated that the 60-day 

deviation would test a temporary 

change to the operating schedule of the 

CSX drawbridge bridge to determine 

whether a permanent change is 

necessary. From June 1 through August 

2, 2021 this deviation opened the bridge 

from 6:30 a.m.–7:30 a.m., 2:30 p.m.–3:30 

p.m. and 10:30 p.m.–11:30 p.m. to allow 

vessels to schedule their trips through 

Three Mile Creek and opened at all 

other times on signal. During the 

comment period that closed on August 

3, 2021, eight comments were received. 

Two commenters stated that the 

proposal would put maritime 

companies at an unfair economic 

disadvantage in moving commerce 

compared to rail transportation. Neither 

commenter provided data or economic 

information. The decision to change or 

create a drawbridge regulation rests 

primarily upon the effect of the 

proposed change on navigation and a 

vessels reasonable ability to use the 

waterway and to assure that the change 

provides for the reasonable needs of 

navigation after full consideration of the 

effect of the proposed action on the 

human environment. 

Two commenters stated that the 

temporary operating schedule would 

create unsafe navigation conditions. 

Large vessel queues would be built up 

waiting for the bridge to open. When the 

bridge opens these vessels would 

attempt to pass through the bridge at the 

same time. During the test deviation the 

bridge opened about 4 times per day. 

There were no indications or reports 

that unsafe navigation conditions were 

created during the 60 day test period. 

One commenter stated that the 

language used in this temporary 

regulation change should be changed to 

remove the term ‘‘if there are no trains 

on the bridge.’’ This phrase has been 

removed from the proposed rule. 

One commenter stated that a 

commerce clause should be placed in 

this bridge’s regulation to allow free 

navigation. They cited a U.S. Supreme 

Court ruling from 1865, ‘‘Gilman v. 

Philadelphia.’’ This ruling addressed 

balancing the needs of waterborne and 

land commerce around bridges. The 

proposed bridge schedule provides 

three periods during which the bridge 

will remain open to navigation and 

requires that the bridge open on signal 

at other times throughout the day. 

Several commenters stated that 

opening the bridge for one hour period 

does not allow maritime companies and 

vessel operators’ adequate time to 

schedule and complete their transits 

through Three Mile Creek and pass 

through the bridge. The Coast Guard has 

changed the proposed rule to require 

CSX to keep the bridge opened to 

vessels for 75 minute periods rather 

than 60 minutes. 

Two commenters stated that they 

have been losing business because of 

CSX practices. Another commenter 

estimated that two companies, over a 1 

month period, lost up to $15,000 in one 

month because of bridge opening 

delays. This schedule change should 

allow vessels with sufficient time to 

schedule their through the bridge. The 

bridge will be required to open at all 

other times on signal. 

The Coast Guard has concluded that 

there is sufficient information to change 

the regulation which will provide 

vessels with reasonable time to transit 

through the bridge and will allow CSX 

to manage their railroad business needs. 

III. Discussion of Proposed Rule 

This proposed rule change would 

require CSX to open the bridge three 

times each day for 75 continuous 

minutes to allow vessels to transit 

through the bridge to and from the 

Mobile River. And it requires CSX to 

open the bridge on signal at all other 

times when there are no trains in the 

block passing over the bridge. 

In promulgating drawbridge 

regulations the Coast Guard must 

balance the needs of vessels, land 

transportation and railroads. The 

public’s right to navigation is 

paramount to rail transportation but it is 

not absolute. This right may be 

diminished to benefit land and rail 

transportation provided that the 

reasonable needs of navigation are not 

impaired. CSX has informed the Coast 

Guard that it cannot physically expand 

its yard to accommodate building long 

trains. Vessel operators and facility 

operators on Three Mile Creek have 

informed the Coast Guard that their 

businesses have been and are impacted 

when CSX stations and passes trains 

over the bridge and does not open the 

bridge on signal. This proposed rule 

change should provide all entities with 

the ability to use Three Mile Creek and 

the CSX drawbridge bridge. 

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 ability that vessels can 

still transit the bridge and the bridge 

will open in case of emergency at any 

time. 

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 


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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. 

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–2021–0301 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; 

DHS Delegation No. 0170.1. 

■ 2. In § 117.115 redesignate paragraphs 

(a) and (b) as paragraphs (b) and (c) and 

add new paragraph (a) to read as 

follows: 

§ 117.115 Three Mile Creek. 

(a) The draw of the CSX railroad 

bridge, mile 0.0., will operate as follows: 

each day from 6:30 a.m.–7:45 a.m., 2:30 

p.m.–3:45 p.m. and 10:30 p.m.–11:45 

p.m. the bridge will remain in the open 

to navigation position. At all other times 

the draw will open on signal and remain 

open to clear all vessel queues. CSX will 

open the draw anytime at the direction 

of the District Commander. 

* * * * * 

Dated: May 31, 2022 

R.V. Timme, 

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

Eighth Coast Guard District. 

[FR Doc. 2022–12121 Filed 6–6–22; 8:45 am] 

BILLING CODE 9110–04–P 


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