[Federal Register Volume 77, Number 98 (Monday, May 21, 2012)]
[Proposed Rules]
[Pages 29924-29927]
[FR Doc No: 2012-12269]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0181]
RIN 1625-AA09

Drawbridge Operation Regulation; Alabama River, AL

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 Meridian and Bigbee Railroad (MNBR) swing span bridge
across the Alabama River at Selma, Dallas County, Alabama. Due to the
infrequent requirement to open the bridge for the passage of vessels,
the owner has requested a change allowing the bridge to open only on
signal if at least 24-hours advanced notification is given.

DATES: Comments and related material must reach the Coast Guard on or
before July 20, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0181 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.

    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
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 David Frank, Bridge Administration Branch;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Renee
V. Wright, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0181), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (http://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via http://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2012-0181'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit them
by mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0181'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact David Frank at the telephone number or email address indicated
under the FOR FURTHER INFORMATION CONTACT section of the notice.

B. Regulatory History and Information

    The Code of Federal Regulations (CFR) under 33 CFR 117.5 requires
that drawbridges open on signal for vessel passage. Prior to this
request to change the operating schedule of the draw, no previous
requests for changes have been received. The bridge owner has initiated
this request without consultation of waterway users but did consult
with the USCG Bridge Administration Office in New Orleans to request
guidance on how to comply with the requirements of 33 CFR 117.40.

C. Basis and Purpose

    The MNBR swing span bridge crosses the Alabama River at mile 205.9,
at Selma, Dallas County, Alabama. The bridge is currently maintained in
the closed-to-navigation position, opening only for the passage of
marine traffic. The bridge has a vertical clearance of 26 feet above
ordinary high water in the closed-to-navigation position and unlimited
in the open-to-navigation position. No alternate routes are available.
    Due to the limited number of openings of the drawbridge, an average
of one opening per year, the bridge owner requested a change to the
operating schedule that would allow the bridge to open on signal if at
least 24-hour advanced notification is given. Presently, the bridge
opens on signal for the passage of vessels; however, three other
bridges on the waterway open on signal if at least 24-hour advanced
notification is given. The existing bridges are located at mile 105.3,
at Coy, Alabama, and mile 277.8 and mile 293.3, both in Montgomery,
Alabama.

D. Discussion of Proposed Rule

    Under 33 CFR 117.5, the MNBR bridge is required to open on signal
for the passage of vessels except as otherwise authorized or required.
The proposed change will allow the bridge to operate in a manner
similar to other movable bridges on the Alabama River, both upstream
and downstream from this bridge, requiring 24-hour advanced
notification to schedule a bridge opening. Under this proposed rule,
the MNBR will also remain in the closed-to-navigation position unless
at least 24-hour advance notice requesting an opening is given. This
proposed rule is not anticipated to place an undue burden on the vessel
operators as they

are already required to give at least 24-hour advanced notice for other
movable bridges on the waterway.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary. Very few
vessels will be impacted. Those few vessels should be able to provide
adequate advanced notification of their arrivals as is already done on
this waterway for three other movable bridges located upstream and
downstream of this bridge.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. 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.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners or operators of vessels
needing to transit the Alabama River above mile 205.9. This action will
not have a significant economic impact on a substantial number of small
entities because these few vessels should be able to provide adequate
advanced notification of their arrivals as is already done on this
waterway for three other movable bridges located upstream and
downstream of this bridge.
    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.

3. Assistance for Small Entities

    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 so that they can better
evaluate its effects on them and participate in the rulemaking. 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, above. 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.

4. 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.).

5. Federalism

    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 does not have implications for federalism.

6. 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 rule
elsewhere in this preamble.

7. Taking of Private Property

    This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

8. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

10. Indian Tribal Governments

    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.

11. Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that Order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

12. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01, and Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges.
This rule is categorically excluded from further review under paragraph
32(e) of Figure 2-1 of the Commandant Instruction. Under figure

2-1, paragraph (32)(e), of the Instruction, an environmental analysis
checklist and a categorical exclusion determination are not 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.

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

    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.

    2. In Sec.  117.101, paragraphs (b) and (c) are redesignated
paragraphs (c) and (d), and a new paragraph (b) is added to read as
follows:

Sec.  117.101  Alabama River.

* * * * *
    (b) The draw of the Meridian and Bigbee Railroad (MNBR) Bridge,
mile 205.9, at Selma, shall open on signal if at least 24 hours notice
is given. An opening can be arranged by contacting the Meridian and
Bigbee Railroad Roadmaster at<PHONE_NUMBER>.
* * * * *

    Dated: May 3, 2012.
Peter Troedsson,
Captain, U.S. Coast Guard, Commander, Eighth Coast Guard District,
Acting.
[FR Doc. 2012-12269 Filed 5-18-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Page 39253]
[FR Doc No: 2023-12846]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2020-0312; FRL-7887-04-OAR]

Release of Volume 3 of the Integrated Review Plan in the Review
of the Lead National Ambient Air Quality Standards; Extension of
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; public comment period; extension.

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SUMMARY: The Environmental Protection Agency (EPA) is extending the
public comment period by 30 days for Volume 3 of the Integrated Review
Plan for the Lead National Ambient Air Quality Standards (IRP). The
original Federal Register document announcing the public comment period
was published on May 15, 2023.

DATES: The public comment period for the notice published on May 15,
2023 (88 FR 30966), is being extended by 30 days. The EPA must receive
comments on or before July 14, 2023.

ADDRESSES: You may send comments on Volume 3 of the IRP, identified by
Docket ID No. EPA-HQ-OAR-2020-0312, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Office of Air and Radiation Docket, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this notice. Comments received may be posted without change to
https://www.regulations.gov, including any personal information
provided. For detailed instructions on sending comments, see the
SUPPLEMENTARY INFORMATION section of this document. Volume 3 of the IRP
is available on the EPA's website at https://www.epa.gov/naaqs/lead-pb-air-quality-standards. The document is accessible under ``Planning
Documents'' for the current review.

FOR FURTHER INFORMATION CONTACT: Dr. Deirdre L. Murphy, Office of Air
Quality Planning and Standards, U.S. Environmental Protection Agency,
Mail Code: C504-06, 109 T.W. Alexander Drive, P.O. Box 12055, NC 27711;
telephone number:<PHONE_NUMBER>; or email: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2020-
0312, at https://www.regulations.gov (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit to
EPA's docket at https://www.regulations.gov any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the
full EPA public comment policy; information about CBI, PBI, or
multimedia submissions; and general guidance on making effective
comments.

Erika Sasser,
Director, Health and Environmental Impacts Division.
[FR Doc. 2023-12846 Filed 6-14-23; 8:45 am]
BILLING CODE 6560-50-P