[Federal Register Volume 87, Number 225 (Wednesday, November 23, 2022)]
[Rules and Regulations]
[Pages 71517-71518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25528]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0226]
RIN 1625-AA09


Drawbridge Operation Regulation; Milford Haven, Hudgins, VA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the SR223 (Gwynn's Island) Bridge, across Milford 
Haven, mile 0.1, at Hudgins, Virginia. The temporary modification will 
allow the drawbridge to be maintained in the closed-to-navigation 
position and is necessary to accommodate bridge maintenance.

DATES: This temporary final rule is effective from December 23, 2022, 
through 11 p.m. on April 15, 2023.

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-2022-0226 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 Ms. Crystal Tucker, Bridge 
Administration Branch Fifth District, Coast Guard telephone 757-398-
6422, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On June 14, 2022, the Coast Guard published a notice of proposed 
rulemaking, with a request for comments, entitled Drawbridge Operation 
Regulation; Milford Haven, Hudgins, VA in the Federal Register 87 FR 
35939. There, we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to the bridge maintenance. 
During the comment period that ended July 1, 2022, we received no 
comments.

III. Legal Authority and Need for Rule

    The SR223 (Gwynn's Island) Bridge, across Milford Haven, mile 0.1, 
at Hudgins, Virginia has a vertical clearance of 12 feet above mean 
high water in the closed position and unlimited vertical clearance 
above mean high water in the open position. The current operating 
schedule for the drawbridge is published in 33 CFR 117.5.
    This temporary rule is necessary to facilitate safe and effective 
maintenance of the drawbridge. Under this temporary rule, the 
drawbridge will be maintained in the closed-to-navigation position 
twenty-four hours a day, seven days a week. The bridge will not be able 
to open for emergencies and there is no immediate alternative route for 
vessels unable to pass through the bridge in the closed position. 
Vessels that can safely transit through the bridge in the closed 
position with the reduced clearance must provide at least a thirty-
minute notice to allow for navigation safety. The SR223 (Gwynn's 
Island) Bridge is the only land-based method for access on and off 
Gwynn's Island, therefore, placing the bridge in the open position to 
perform extensive bridge maintenance would adversely affect residents 
on the island.
    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499.

IV. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard provided a comment period of 16 days and no 
comments were received. No changes were made to the regulatory text of 
this temporary final rule.

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 a result of pre rulemaking 
coordination with maritime stakeholders including federal agencies. 
This proposed rule effectively balances

[[Page 71518]]

the competing interests of land and maritime transportation.

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 no 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

0
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.


0
2. Effective December 23, 2022, through April 15, 2023, add Sec.  
117.1017T to read as follows:


Sec.  117. 1017T   Milford Haven.

    The draw of the SR223 (Gwynn's Island) Bridge, mile 0.1, in 
Hudgins, need not be open for vessels.

    Dated: November 10, 2022.
S.N. Gilreath,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2022-25528 Filed 11-22-22; 8:45 am]
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