[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Proposed Rules]
[Pages 50276-50278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17578]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / 
Proposed Rules  

[[Page 50276]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0298]
RIN 1625-AA09


Drawbridge Operation Regulation; Pascagoula River, Pascagoula, MS

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change how the CSX Transportation 
railroad drawbridge across the Pascagoula River, mile 1.5, Pascagoula, 
MS 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. 
We invite your comments on this proposed rulemaking.

DATES: Comments and relate material must reach the Coast Guard on or 
before October 17, 2022.

ADDRESSES:  You may submit comments identified by docket number USCG-
2022-0298 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 Douglas Blakemore, Eighth Coast Guard District 
Bridge Administration Branch Chief at (504) 671-2128 or 
[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, Purpose and Legal Basis

    The CSX Transportation railroad drawbridge crosses the Pascagoula 
River, mile 1.5, Pascagoula, MS. 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. This bridge has an eight foot vertical clearance at 
mean high water, an unlimited vertical clearance when in the open to 
vessel position and a 140' horizontal clearance. The bridge operates 
according to 33 CFR 117.5.
    CSX Transportation has requested to operate this bridge remotely 
from their railroad terminal in Mobile, AL. A copy of the bridge owners 
request can be found at https://www.regulations.gov in the Docket USCG-
2022-0298. CSX has installed a remote operation system at the bridge 
and a remote control center, located in Mobile, AL. At the bridge, CSX 
has installed infrared cameras, closed circuit cameras and TVs, 
communication systems and information technology systems on the bridge 
that allow an operator from Mobile to monitor and control the bridge.
    This NPRM will run simultaneously with a Test Deviation; under the 
same name and docket number. Both documents can be found at https://www.regulations.gov and comments can be made to either document.
    This CSX drawbridge is located on the Pascagoula River, mile 1.5, 
Pascagoula, MS. It has a vertical clearance of eight feet in the closed 
to vessel position. The bridge operates according to 33 CFR 117.5. 
Pascagoula River is used by commercial tows, barges and recreational 
vessel. The bridge opens for vessels about 17 times per day and vessels 
that do not need the bridge to open may pass.

III. Discussion of Proposed Rule

    33 CFR 117.42 sets Coast Guard drawbridge regulations. This 
regulation authorizes the Coast Guard District Commander to approve 
operations from a remote site. The bridge opens on signal for the 
passage of vessels in accordance with 33 CFR 117.5. This proposed rule 
will not change the operating schedule nor will it change how to 
request or signal for the bridge to open. 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 proposed rule requires CSX to have the capability, including 
resources and manpower to return the operator to the bridge location 
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; and.
    (3) At the direction of the District Commander

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.

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 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

[[Page 50277]]

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 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.
    Submitting comments. 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-2022-0298 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.
    Viewing material in docket. 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. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published of any posting or updates to the docket.
    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

0
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.

0
2. Add Sec.  117.682 to read as follows:


Sec.  117.682   Pascagoula River.

    (a) The draw of the CSX Transportation Railroad bridge, mile 1.5 
Pascagoula, MS shall be remotely operated by the bridge tender at CSX's

[[Page 50278]]

bridge remote control center in Mobile, Alabama and shall open promptly 
and fully when signaled to open. Vessels can contact the CSX bridge 
tender via VHF-FM channel 13 or 16 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: August 5, 2022.
R.V. Timme,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2022-17578 Filed 8-15-22; 8:45 am]
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