Proposed Rule2022-17578
Drawbridge Operation Regulation; Pascagoula River, Pascagoula, MS
Primary source
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Published
August 16, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 157 (Tuesday, August 16, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17578]
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Proposed Rules
Federal Register
________________________________________________________________________
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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
<a href="/cdn-cgi/l/email-protection#d397bca6b4bfb2a0fd92fd91bfb2b8b6bebca1b693a6a0b0b4fdbebabf"><span class="__cf_email__" data-cfemail="82c6edf7e5eee3f1acc3acc0eee3e9e7efedf0e7c2f7f1e1e5acefebee">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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]
BILLING CODE 9110-04-P
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