Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Rules and Regulations 42645 

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. 

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; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Add § 117.111 to read as follows: 

§ 117.111 Mobile River. 

(a) The draw of the CSX 

Transportation Railroad bridge, mile 

13.1 near Hurricane, AL shall be 

remotely operated by the bridge tender 

at CSX’s bridge remote control center in 

Mobile, AL and shall open promptly 

and fully when signaled to open. 

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. 

(b) 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. 2022–15234 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–2022–0465] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Erie 

Canal, Part of the New York State 

Canal System, in Albion, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the E–200 North 

Main Street Bridge, mile 293.15, over 

the Erie Canal to allow contractors to 

rehabilitate the bridge. 

DATES: This temporary final rule is 

effective from October 1, 2022, through 

April 1, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number 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 temporary 

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: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 


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42646 Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Rules and Regulations 

SNPRM Supplemental notice of proposed 

rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final 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), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because the bridge 

will be locked in the fully open position 

during the rehabilitation process and 

will only encroach on the waterway 

with under bridge type vehicles. Also an 

NPRM at this time would be impractical 

since the contractors and dates have 

been secured; by the time an NPRM can 

be published, there would be no time to 

reschedule this type of work. There are 

also a number of bridges in close 

proximity to this project for land traffic. 

This rehabilitation project is required to 

maintain the bridge in serviceable 

condition for all modes of transportation 

at this crossing. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 499. The 

E–200 North Main Street Bridge, mile 

293.15, over the Erie Canal is required 

to open on signal and be manned by a 

drawtender twenty-four hours a day, for 

twelve months a year as required by 33 

CFR 117.7. The bridge provides a 

vertical clearance of 3-feet in the closed 

position and 16-feet in the open 

position and a horizontal clearance of 

120-feet. 

The Erie Canal is part of the New 

York State Canal System and is a 525- 

mile federally regulated waterway that 

connects Hudson Bay to Lake Erie and 

is listed on the National Register of 

Historic Places in its entirety as a 

National Historic Landmark. Powered 

and unpowered recreational vessels and 

commercial and historic vessels travel 

the waterway. 

IV. Discussion of the Rule 

This rule will allow the contractor to 

utilize under bridge equipment to 

temporarily encroach on the 

navigational clearance of the bridge to 

perform steel rehabilitation work to the 

bridge. The bridge will be locked in the 

fully open to navigation position for the 

duration of the project and the 

contractor will provide spotters to warn 

of approaching vessels and move the 

man lifts to allow vessels to pass under 

the bridge. The permitted navigation 

lights for the bridge will be replaced by 

steady burning yellow lights on the 

bottom and four-corners of the draw 

span after power is disconnected from 

the bridge. The regular permitted 

navigation lights will be replaced and 

re-energized at the end of the project. 

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 throughout the 

rehabilitation process. 

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 rule will not have a 

significant economic impact on a 

substantial number of small entities 

because vessels may pass through the 

bridge at any time during the 

rehabilitation. 

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 


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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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