42644 Federal Register / Vol. 87, No. 136 / Monday, July 18, 2022 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2019–0911] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Mobile River, Hurricane, AL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

CSX Transportation Railroad swing 

bridge across the Mobile River, mile 

13.1 near Hurricane, Alabama. 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 USCG– 

2019–0911 in the ‘‘SEARCH’’ box and 

click ‘‘SEARCH.’’ 

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 27, 2020 the Coast Guard 

published a temporary deviation from 

regulations; request for comments (TD) 

entitled Drawbridge Operation 

Regulation; Mobile River, Hurricane, AL 

in the Federal Register (85 FR 4587). 

This temporary deviation was issued to 

test the remote operations system for 60 

days. 8 comments were received and 

addressed in a NPRM under the same 

title. 

On January 26, 2021 the Coast Guard 

published a second deviation to the 

regulations under the same title in the 

Federal Register (86 FR 7238) to test the 

remote operations for 180 days. The 

same 8 comments from the first test 

deviation were received. 

On March 31, 2021 the Coast Guard 

published a Notice of Proposed 

Rulemaking under the same title in the 

Federal Register (86 FR 17096). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this 

regulatory change. During the comment 

period that ended September 28, 2021, 

we received the same eight comments, 

and addressed the adjudication of those 

comments in Section IV of this Final 

Rule. 

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 117.5. 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 

The 8 comments received during the 

NPRM were the exact same comments 

provided during the both test 

deviations. The Coast Guard addressed 

all comments in the NPRM. 

IV. Discussion of Final Rule 

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. 

This rule 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, and we discuss First 

Amendment rights of protesters. 

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 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 


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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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