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Published Document: 2026-18166 (91 FR 56778)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Coast Guard, DHS.
ACTION:
Final rule.
SUMMARY:
The Coast Guard is removing the existing drawbridge operation regulation for the CSX Transportation railroad bridge, mile 60.9, near Clyo, GA. The drawbridge was converted to a fixed bridge in August 2026, and the operating regulation is no longer applicable or necessary.
DATES:
This rule is effective September 4, 2026.
ADDRESSES:
To view documents mentioned in this preamble as being available in the docket, go to
https://www.regulations.gov.
Type the docket number (USCG-2026-1095) 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 rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist, Southeast Coast Guard District; telephone 571-607-5951, email
Jennifer.N.Zercher@uscg.mil.
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
§ Section
U.S.C. United States Code
GA Georgia
II. Background Information and Regulatory History
The Coast Guard is issuing this final rule under the authority in (5 U.S.C. 553(b)(B). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because CSX Transportation railroad bridge, that once required draw operations in 33 CFR 117.371(b), was converted to a fixed bridge in August 2026. Therefore, the regulation is no longer applicable and shall be removed from publication. It is unnecessary to publish an NPRM because this regulatory action is inconsequential to the industry and does not have any impact on the public.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the
Federal Register
. The bridge has been converted to a fixed bridge, and this rule merely requires an administrative change to the
Federal Register
, in order to remove a regulatory requirement that is no longer applicable or necessary. The modification has already taken place, and the removal of the regulation will not affect mariners currently operating on this waterway. Therefore, a delayed effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The CSX Transportation railroad bridge (Savannah River) was converted to a fixed bridge in August 2026. The elimination of this drawbridge necessitates the removal of the drawbridge operation regulation, 33 CFR 117.371(b), that pertains to the former drawbridge.
The purpose of this rule is to remove the paragraph of 33 CFR 117.371 that refers to the CSX Transportation railroad bridge at mile 60.9, from the Code of Federal Regulations since it governs a drawbridge that is no longer able to be opened.
IV. Discussion of Final Rule
The Coast Guard is removing the regulation in 33 CFR 117.371 related to
( printed page 56779)
the draw operations for CSX Transportation railroad bridge since it is no longer a drawbridge. The change removes the paragraph of the regulation governing the CSX Transportation railroad bridge since the bridge has been converted to a fixed bridge. This Final Rule seeks to update the Code of Federal Regulations by removing language that governs the operation of the CSX Transportation railroad bridge, which is no longer a drawbridge. This change does not affect waterway or land traffic. This change does not affect, nor does it alter the operating schedules in 33 CFR 117.371 that govern the remaining active drawbridges on the Savannah River.
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. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that are not subject to notice and comment. Because the Coast Guard has, for good cause, waived the notice and comment requirement that would otherwise apply to this rulemaking, the Regulatory Flexibility Act's flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your small business, organization, or governmental jurisdiction and you have questions, contact the person listed in the
FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards by calling 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.
B. 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).
C. 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.
D. 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.
E. 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. 4321et seq.). 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 Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum for the Record are required for this rule.