[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Rules and Regulations]
[Pages 42644-42645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15234]



[[Page 42644]]

=======================================================================
-----------------------------------------------------------------------

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 [email protected].

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)
Sec.  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

[[Page 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

0
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.


0
2. Add Sec.  117.111 to read as follows:


Sec.  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