[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Page 61120]
[FR Doc No: 2017-27675]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on a Land Release Request at North
Central West Virginia Airport (CKB), Clarksburg, WV

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice and request for comment.

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SUMMARY: The FAA is requesting public comment for a land release and
sale of 5.5 acres of federally obligated airport property at North
Central West Virginia Airport (CKB), Clarksburg, WV, to accommodate the
construction of two (2) storage buildings and an 80 space parking lot.
This acreage was originally purchased with federal financial assistance
through the AIP program under Grant Agreements 3-54-0005-16-1996, and
3-54-0005-10-1993. In accordance with federal regulations, this notice
is required to be published in the Federal Register 30 days before
releasing the grant assurances that require the property to be used for
an aeronautical purpose.

DATES: Comments must be received on or before January 25, 2018.

ADDRESSES: Comments on this application may be mailed or delivered to
the following address:

Mr. Rick Rock, Airport Director, North Central West Virginia Regional
Airport, 2000 Aviation Way, Bridgeport, West Virginia 26330, (304) 842-
3400 and at the FAA Beckley Airports Field Office:

Matthew DiGiulian, Manager, Beckley Airports Field Office, 176 Airport
Circle, Room 101, Beaver, WV 25813,<PHONE_NUMBER>

FOR FURTHER INFORMATION CONTACT: Connie Boley-Lilly, Airports Program
Specialist, Beckley Airports Field Office, location listed above. (304)
252-6216 ext. 125.
    The land release request for the sale and disposal of 5.5 acres of
federally obligated airport property at North Central West Virginia
Airport, Clarksburg, WV may be reviewed in person at the Beckley
Airports Field Office located at 176 Airport Circle, Room 101 Beaver,
WV 25813.

SUPPLEMENTARY INFORMATION:
    The following is a brief overview of the request:
    The Benedum Airport Authority has submitted a land release request
seeking FAA approval for the sale and disposal of approximately 5.5
acres of federally obligated airport property, to the City of
Bridgeport. The purpose of the project is for the airport to sell
excess property that does not have an aeronautical use to the City. The
City will use the property to construct additional needed storage for
city equipment, storage of road salt, and a car wash for maintaining
city vehicles. The sporting complex, which is adjacent to the airport,
is in need of additional off road parking. This property will provide
80 additional parking spots.
    The parcel for this project is known as Tax Map 290 Parcel 9. This
property consists of 5.5 Acres with seven (7) structures. The City of
Bridgeport's proposed redevelopment includes demolishing (6) six of the
seven (7) structures, construction of one (1) 60' x 160' four (4) bay
building, one (1) 156' x 30' twelve (12) bay garage, renovation of one
(1) extant building into a car wash, and construction of an 80 space
parking lot.
    The 5.5 acres of land to be released was originally purchased with
federal financial assistance through the AIP program under Grant
Agreements 3-54-0005-16-1996 and 3-54-0005-10-1993. Therefore, the
portion of the proceeds of the sale of this acreage, which is
proportionate to the United States' share of the cost of acquisition of
such land, will be used consistent with the requirements of 49 U.S.C.
47107(c). The remaining portion of the proceeds of the sale, is
considered airport revenue, and will be used in accordance with 49
U.S.C. 47107(b) and the FAA's Policy and Procedures Concerning the Use
of Airport Revenue published in the Federal Register on February 16,
1999.
    The 5.5 acres to be released are part of previous purchases
totaling approximately 120 acres for reasons associated with Runway
Extension. The subject area to be released is located between the
taxiway and West Virginia State Route 131, north of airport terminal,
however, is located approximately 200 feet lower in elevation that the
active runway. It is also completely segregated from the terminal area
and the facilities that serve airport users, such as Terminal Parking
and Fixed Base Operator (FBO) services. The elevation difference and
location of the property make if unusable for aeronautical purposes.
The property is not located within the RPZ, will not result in any
obstructions to part 77 surfaces, and has not been identified as needed
for current or future airport development in the current Airport Master
Plan or ALP.
    Any person may inspect the request by appointment at the FAA office
address listed above. Interested persons are invited to comment. All
comments will be considered by the FAA to the extent practicable.

    Issued in Beaver, West Virginia.

    Dated: December 14, 2017.
Matthew DiGiulian,
Manager, Beckley Airports Field Office.
[FR Doc. 2017-27675 Filed 12-22-17; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Proposed Rules]
[Pages 68019-68021]
[FR Doc No: 2020-22993]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0513]
RIN 1625-AA09

Drawbridge Operation Regulation; River Rouge, Detroit, MI

AGENCY: Coast Guard, DHS

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the National Steel Corporation Railroad Bridge, mile 0.40, the
Delray Connecting Railroad Bridge, mile 0.34, and the Delray Connecting
Railroad Bridge, mile 0.80. Delray Connecting Railroad Company, the
owner and operator of these three bridges, has requested to stop
continual drawtender service and to operate the two bridges only while
trains are crossing the bridge, and one bridge upon signal if a 4-hour
advance notice is received.

DATES:  Comments and related material must reach the Coast Guard on or
before December 28, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0513 using Federal e-Rulemaking 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<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
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 Delray Connecting Railroad requested to reduce drawtender
staffing at their three bridges at Zug Island. The National Steel
Corporation Railroad Bridge, mile 0.40, the Delray Connecting Railroad
Bridge, mile 0.34, and the Delray Connecting Railroad Bridge, mile
0.80, currently open on signal and are required to be manned by a
drawtender at each bridge. The reason for the request to stop continual
drawtender service is that the primary customer, a steel mill on Zug
Island, has been placed into caretaker status, significantly decreasing
the rail traffic across these bridges. The operation of the bridges
should however remain transparent to the vessels navigating the
waterway.
    The River Rouge is a commercial waterway that serves several heavy
industries near the city of Detroit, MI. The U.S. Army Corps of
Engineers in cooperation with the U.S. Environmental Protection Agency
are currently improving the width and depth of the Rouge River, where
both the swing and the bascule Delray Bridges are located. Originally,
the River Rouge navigated two ninety-degree bends through the area that
is referred to as the Old Channel before emptying into the Detroit
River. In 1888 the Zug Island Improvement Company cut a channel through
the south section of Zug Island locally called the Short Cut Channel
creating Zug Island and allowing vessels to bypass the two ninety-
degree bends in the Old Channel. This Short Cut Channel is the
preferred path for large vessels. Currently the waterway is used by
large commercial freighters and several tug and barge vessels.
Recreational use of the waterway is very limited. There are twelve
bridges across the River Rouge.
    The National Steel Corporation Railroad Bridge, mile 0.40, is a
single leaf bascule bridge, that provides an unlimited clearance in the
open position and a vertical clearance of six feet above LWD in the
closed position. The Delray Connecting Railroad Bridge, mile 0.34, is a
single leaf bascule bridge, that provides an unlimited clearance in the
open position and a vertical clearance of seven feet above LWD in the
closed position. The Delray Connecting Railroad Bridge, mile 0.80, is a
swing bridge that provides an unlimited clearance in the open position
and a vertical clearance of seven feet above LWD in the closed
position. All three bridges are owned by the Delray Connecting Railroad
who is requesting the change.

III. Discussion of Proposed Rule

    The proposed rule will establish the procedures to move the bridge
to allow rail traffic to cross the bridge while giving notice to the
vessels transiting the waterway that the bridge will be lowering. Ten
minutes before the bridge is lowered for train traffic a crewmember
from the train will initiate a SECURITE call on VHF-FM Marine Channel
16 that the bridge will be lowering for train traffic and invite any
concerned mariners to contact the drawtender on VHF-FM Marine Channel
12. The drawtender will also visually monitor for vessel traffic and
listen for the standard bridge opening signal of one prolonged blast
and one short blast from vessels already transiting the waterway. After
the ten minute warning, one last SECURITE call will be made that the
bridge will be lowering for rail traffic five minutes before lowering.
Once the drawtender is satisfied that it is safe the bridge will be
lowered for rail traffic. Once the rail traffic has cleared the bridge,
the bridge will be raised and locked in the fully open to navigation
position.
    The Delray Connecting Railroad Bridge, mile 0.34, has had limited
requests for openings and provides

access to Zug Island for vehicles and rail traffic. The owner of the
railroad states the bridge has been operating with advance notice
illegally without complaints for several years.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analysis based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.

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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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) and pursuant to OMB guidance; it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that
vessels can still transit the bridge and the only change is the
drawtender will only be in attendance to lower the bridge to allow rail
traffic to cross and to raise the bridge after rail traffic has cleared
the bridge.

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 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.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

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.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. 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.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. 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.

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.  117.645 to read as follows:

Sec.  117.645   River Rouge

    (a) The Delray Connecting Railroad Bridge, mile 0.34, need not have
a drawtender in continued attendance at the bridge and shall open on
signal if a 4-hour advance notice is provided.
    (b) The Delray Connecting Railroad Bridge, mile 0.80, over the Old
Channel need not have a drawtender in continued attendance at the
bridge. The bridge will remain open ten minutes before the bridge is
lowered for train traffic. A crewmember from the train will initiate a
SECURITE call on VHF-FM Marine Channel 16 that the bridge will be
lowering for train traffic and invite any concerned mariners to contact
the drawtender on VHF-FM Marine Channel 12. The drawtender will also
visually monitor for vessel traffic and listen for the standard bridge
opening signal of one prolonged blast and one short blast from vessels
already transiting the waterway. After the ten minute warning, another
SECURITE call shall be made on VHF-FM Marine Channel 16 that the bridge
will be lowering for rail traffic five minutes before lowering. Once
the draw tender is satisfied that it is safe, the bridge will be
lowered for rail traffic. Once the rail traffic has cleared the bridge,
the bridge shall be raised and locked in the fully open to navigation
position.
    (c) The National Steel Corporation Railroad Bridge, mile 0.40, need
not have a drawtender in continual attendance at the bridge. Ten
minutes before the bridge is lowered for train traffic a crewmember
from the train will initiate a SECURITE call on VHF-FM Marine Channel
16 that the bridge will be lowering for train traffic and invite any
concerned mariners to contact the drawtender on VHF-FM Marine Channel
12. The drawtender will also visually monitor for vessel traffic and
listen for the standard bridge opening signal of one prolonged blast
and one short blast from vessels already transiting the waterway. After
the ten minute warning, another SECURITE call shall be made on VHF-FM
Marine Channel 16 that the bridge will be lowering for rail traffic
five minutes before lowering. Once the drawtender is satisfied that it
is safe, the bridge will be lowered for rail traffic. Once the rail
traffic has cleared the bridge, the bridge shall be raised and locked
in the fully open to navigation position.
    (d) The draw of the Conrail Bridge, mile 1.48, is remotely
operated, is required to operate a radiotelephone, and shall open on
signal.

D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-22993 Filed 10-26-20; 8:45 am]
BILLING CODE 9110-04-P