Rule2022-25528
Drawbridge Operation Regulation; Milford Haven, Hudgins, VA
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 23, 2022
Effective
December 23, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 225 (Wednesday, November 23, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="/cdn-cgi/l/email-protection#6221101b1116030e4c094c16170109071022171101054c0f0b0e"><span class="__cf_email__" data-cfemail="703302090304111c5e1b5e0405131b150230050313175e1d191c">[email protected]</span></a>.
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]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 23, 2022.
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