[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Pages 22966-22968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07859]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0038]
RIN 1625-AA09


Drawbridge Operation Regulation; Drawbridge Operation Regulation; 
Erie Canal, Part of the New York State Canal System, in Brockport, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the operating 
schedule that governs the E-182 Main Street Bridge, mile 278.93, over 
the Erie Canal, in Brockport, NY to allow contractors to rehabilitate 
the bridge. The roadway has been closed since last fall and vehicles 
are unable to cross the bridge until repairs are completed. New York 
Department of Transportation has made this request to temporarily 
modify the bridge operations to allow for the required maintenance. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before May 1, 2023.
    The Coast Guard anticipates that this proposed rule will go final 
and be effective from midnight on May 31, 2023, through midnight on 
October 25, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0038 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: Mr. Lee D. Soule, Bridge Management Specialist, 
Ninth Coast Guard District; telephone 216-902-6085, 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
NYDOT New York Department of Transportation
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

[[Page 22967]]

II. Background, Purpose, and Legal Basis

    The Erie Canal is 362.9 miles long canal that runs east-west 
between the Hudson River and Lake Erie. Completed in 1825, the canal 
was the first navigable waterway connecting the Atlantic Ocean to the 
Great Lakes. The Erie Canal, to include all land and original 
structures within 500-feet of the shore, is a registered national 
historic landmark. The Erie Canal is controlled by 57 locks and 17 lift 
bridges and can accommodate vessels 300-feet long and over 43-feet 
wide. The Erie Canal is used primarily by recreational vessels, though 
it remains served by several commercial barge-towing companies and is 
open to small craft and some larger vessels from May through November 
each year. During winter, water is drained from parts of the canal for 
maintenance.
    The Erie Canal does not have a section under 33 CFR part 117, 
subpart B, and all bridges are required to operate under the general 
responsibilities for bridge owners.

III. Discussion of Proposed Rule

    The E-182 Main Street Bridge, mile 278.93, over the Erie Canal, 
provides a horizontal clearance of 116-feet and a vertical clearance of 
3-feet in the closed position and 16-feet in the open position based on 
canal low pool elevation. There is no alternative route for vessels.
    The proposed rule will allow snooper type vehicles and other man 
lift equipment operating above the water to perform required 
maintenance to the bridge. Spotters will watch for approaching vessels 
and move the equipment to allow vessels to safely pass the area.
    During rehabilitation, the bridge will be locked in the fully open 
position and will only encroach on the waterway with under bridge type 
vehicles. This project will place negligible burdens on the vessel 
operators and impose minimal restrictions on traffic. Vehicular traffic 
can use one of two bridges in the near vicinity. The rehabilitation 
project is required to maintain the bridge in serviceable condition for 
all modes of transportation at this crossing.
    The bridge has been closed to vehicle traffic since last fall due 
to the critical repairs that need to be made. Vehicle detours have been 
approved by the cognizant NYDOT office.

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 proposed rule is considered to be not significant because 
there will be no restrictions placed on vessels pacing under the bridge 
at any time and the published fully open to navigation clearances will 
be maintained at all times.

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 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

[[Page 22968]]

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-2023-0038 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. Revise Sec.  117.783T to read as follows


Sec.  117.783T  Erie Canal.

    (a) The E-200 North Main Street Bridge, mile 293.15, over the Erie 
Canal, in Brockport, NY will be rehabilitated with under bridge 
vehicles. The Bridge will remain in the open to navigation position for 
the duration of the project. Spotters will warn of approaching vessels 
and move the man lift to allow vessels to pass. Bridge lighting will be 
temporarily replaced with steady burning yellow lights on the bottom 
and four-corners of the bridge where they can best be seen by vessels 
approaching from upriver or down river of the bridge.
    (b) The E-182 Main Street Bridge, mile 278.93, over the Erie Canal, 
in Brockport, NY will be rehabilitated with under bridge vehicles. The 
Bridge will remain in the open to navigation position for the duration 
of the project. Spotters will warn of approaching vessels and move the 
man lift to allow vessels to pass. Bridge lighting will be temporarily 
replaced with steady burning yellow lights on the bottom and four-
corners of the bridge where they can best be seen by vessels 
approaching from upriver or down river of the bridge.

M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-07859 Filed 4-13-23; 8:45 am]
BILLING CODE 9110-04-P


