Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Rules and Regulations 42647 

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, 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. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

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 

■ 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. From October 1, 2022 through April 

1, 2024, temporarily add § 117.783T to 

read as follows: 

§ 117.783T Erie Canal. 

The E–200 North Main Street Bridge, 

mile 293.15, over the Erie Canal, in 

Albion, NY will be rehabilitated with 

under bridge vehicles. The Bridge will 

remain in the open to navigation 

position for the duration of the project. 

Spotters will warn of approaching 

vessels and move the man lift to allow 

vessels to pass. Bridge lighting will be 

temporarily replaced with steady 

burning yellow lights on the bottom and 

four-corners of the bridge where they 

can best be seen by vessels approaching 

from up river or down river of the 

bridge. 

M.J. Johnston, 

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

Ninth Coast Guard District. 

[FR Doc. 2022–15233 Filed 7–15–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2019–0910] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Bayou Sara, Saraland, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

how the CSX Transportation Railroad 

swing bridge across Bayou Sara, mile 

0.1 near Saraland, Alabama will be 

operated. The bridge will continue to 

open according to the drawbridge 

regulations but the bridge tender will 

operate this bridge from a remote 

location at the CSX railroad terminal in 

Mobile, Alabama. 

DATES: This rule is effective August 17, 

2022. 

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–2019–0910 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 rule, call or 

email Doug Blakemore, Eighth Coast 

Guard Bridge Administrator at (504) 

671–2128 or email 

Douglas.A.Blakemore@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 

II. Background Information and 

Regulatory History 

On January 22, 2020, the Coast Guard 

published a Test Deviation, with a 

request for comments, entitled 

‘‘Drawbridge Operation Regulation; 

Bayou Sara, Saraland, AL’’ in the 

Federal Register (85 FR 3853), to seek 

your comments on whether the Coast 

Guard should consider modifying the 

current operating schedule to test this 

operating schedule for the CSX Railroad 

Bridge. Two comments were received 

during the test period and those 

comments were addressed in the NPRM. 

On March 30, 2021, the Coast Guard 

published a Notice of Proposed 

Rulemaking entitled ‘‘Drawbridge 

Operation Regulation; Bayou Sara, 

Saraland, AL’’ in the Federal Register 

(86 FR 16680). There we stated why we 

issued the NPRM, and invited 

comments on our proposed regulatory 

action related to this regulatory change. 

No additional comments were received 

during the NPRM comment period. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The CSX Railroad Company, the 

owner of the bridge requested to change 

operation of the bridge from a tended 

drawbridge to a remotely operated 

drawbridge. The CSX Transportation 

Railroad drawbridge has a vertical 

clearance of 5′ in the closed to 

navigation position and operates in 

accordance with 33 CFR 117.105. This 

rule will not change the operation 

schedule of the bridge. This bridge will 

be operated from the CSX railroad yard 

located in Mobile, AL. 

The waterway users include 

recreational vessels and commercial 

tows; which combined requires 

approximately six openings a day. 

IV. Discussion of Comments, Changes 

and the Final Rule 

As mentioned above in Section II, two 

comments were received during the test 

period Federal Register (85 FR 3853), 

and those comments were addressed in 

the NPRM Federal Register (86 FR 

16680). 33 CFR 117.42 sets Coast Guard 

drawbridge regulations to operate a 

bridge from a remote location. This rule 

does not change the operating schedule 

nor does it change the request to open 

the bridge. Mariners requiring an 

opening may do so by contacting the 

CSX remote control center on Channels 

13/16 or by the phone number posted at 

the bridge. We note that in the NPRM 

some language was removed from the 

regulatory text found in 33 CFR 117.105. 

Specifically, language about notice for 


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42648 Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Rules and Regulations 

openings between 6 p.m. and 10 a.m. 

and openings for severe storms or 

hurricanes. We have reinserted that 

language here so that it will remain in 

effect upon publication of this rule. 

This rule continues to allow opening 

on signal, except eight hours’ notice is 

required for openings between 6 p.m. 

and 10 a.m. The rule also allows CSX 

to control the drawbridge from their 

remote control center located in Mobile, 

AL and requires CSX to have the 

capability, including resources and 

manpower to return the operator to the 

bridge location within 3 hours following 

any of the below situations: 

• Any component of the remote 

operations system fails and prevents the 

remote operator from being able to 

visually identify vessels, communicate 

with vessels, detect vessels immediately 

underneath the bridge or visually 

identify trains approaching the bridge. 

• CSX fails to meet Federal Railway 

Administration (FRA) or any other 

government agency safety requirements. 

• At the direction of the District 

Commander. 

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 given advanced 

notice. 

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 received 0 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. 

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, 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: 

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 Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Revise § 117.105 to read as follows: 

§ 117.105 Bayou Sara. 

(a) The draw of the CSX 

Transportation Railroad bridge, mile 0.1 

near Saraland, shall open on signal; 

except that, from 6 p.m. to 10 a.m. the 

draw shall open on signal if at least 

eight hours’ notice is given. During 


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Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Rules and Regulations 42649 

periods of severe storms or hurricanes, 

from the time the National Weather 

Service sounds an ‘‘alert’’ for the area 

until the ‘‘all clear’’ is sounded, the 

draw shall open on signal. 

(b) The draw of the CSX 

Transportation Railroad bridge, mile 0.1 

near Saraland, AL shall be remotely 

operated by the bridge tender at CSX’s 

bridge remote control center in Mobile, 

Alabama. Vessels can contact the CSX 

bridge tender via VHF–FM channel 13 

or by telephone at the number displayed 

on the signs posted at the bridge to 

request an opening of the draw. 

(c) CSX will return the tender to the 

bridge location within 3 hours following 

any of the below situations: 

(1) Any component of the remote 

operations system fails and prevents the 

remote operator from being able to 

visually identify vessels, communicate 

with vessels, detect vessels immediately 

underneath the bridge or visually 

identify trains approaching the bridge; 

(2) CSX fails to meet Federal Railway 

Administration (FRA) or any other 

government agency safety requirements; 

(3) Anytime at the direction of the 

District Commander. 

Dated: June 28, 2022. 

R.V. Timme, 

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

Eighth Coast Guard District. 

[FR Doc. 2022–15232 Filed 7–15–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0558] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone located in federal 

regulations for a recurring marine event. 

This action is necessary and intended 

for the safety of life and property on 

navigable waters during this event. 

During the enforcement period, no 

person or vessel may enter the 

respective safety zone without the 

permission of the Captain of the Port 

Buffalo or his designated representative. 

DATES: The regulations in 33 CFR 

165.939, as listed in entry (b)(6) in Table 

165.939, will be enforced from 8:45 a.m. 

through 11:15 p.m. on July 23, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT. Jared 

Stevens, Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Cleveland; telephone 216– 

937–0124, email D09-SMBMSUCLEVELAND-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a Safety Zone; 

Annual Events in the Captain of the Port 

Buffalo Zone listed in 33 CFR 165.939, 

Table 165.939(b)(6) for the Parade of 

Lights on July 23, 2022. Pursuant to 33 

CFR 165.23, entry into, transiting, or 

anchoring within the safety zone during 

an enforcement period is prohibited 

unless authorized by the Captain of the 

Port Buffalo (COTP) or his designated 

representative. Those seeking 

permission to enter the safety zone may 

request permission from the COTP 

Buffalo via channel 16, VHF–FM. 

Vessels and persons granted permission 

to enter the safety zone shall obey the 

directions of the COTP Buffalo or his 

designated representative. While within 

a safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice of enforcement is issued 

under authority of 33 CFR 165.939 and 

5 U.S.C. 552 (a). In addition to this 

notice of enforcement in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via Broadcast Notice to Mariners or 

Local Notice to Mariners. If the COTP 

Buffalo determines that the safety zone 

need not be enforced for the full 

duration stated in this notice, he may 

use a Broadcast Notice to Mariners to 

grant general permission to enter the 

respective safety zone. 

Dated: July 1, 2022. 

M.I. Kuperman, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2022–15231 Filed 7–15–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0552] 

RIN 1625–AA00 

Safety Zone; Homewood Wedding 

Fireworks Display, Homewood, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of Lake Tahoe, near 

Homewood, CA, in support of the 

Homewood Wedding Fireworks display 

on July 23, 2022. This safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from the 

dangers associated with pyrotechnics. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone 

without permission of the Captain of the 

Port San Francisco or a designated 

representative. 

DATES: This rule is effective from 7:30 

p.m. to 10:03 p.m. on July 23, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0552 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Anthony I. Solares, 

Coast Guard Sector San Francisco, at 

415–399–3585, SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

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 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. The Coast Guard did not 

receive final details for this event until 

June 25, 2022. It is impracticable to go 

through the full notice and comment 

rule making process because the Coast 

Guard must establish this safety zone by 

July 23, 2022, and lacks sufficient time 

to provide a reasonable comment period 


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