Drawbridge Operation Regulation; Okeechobee Waterway, Indiantown, FL, 18929-18932 [2021-07434]

Download as PDF Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Proposed Rules 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). khammond on DSKJM1Z7X2PROD with PROPOSALS 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. VerDate Sep<11>2014 16:12 Apr 09, 2021 Jkt 253001 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 does 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:// PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 18929 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 eRulemaking System of Records notice (85 FR 14226, March 11, 2020). 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 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. 2. Amend § 117.293 by revising the introductory text and paragraph (a) to read as follows: ■ § 117.293 Indian Creek. The draw of the 63rd Street Bridge across Indian Creek, mile 4.0 at Miami Beach, shall open on signal except that: (a) From 7:00 a.m. to 7:00 p.m., except Federal holidays, the draw need open only on the hour and half-hour. * * * * * Dated: March 25, 2021. Eric C. Jones, Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District. [FR Doc. 2021–07430 Filed 4–9–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2021–0099] RIN 1625–AA09 Drawbridge Operation Regulation; Okeechobee Waterway, Indiantown, FL Coast Guard, Department of Homeland Security (DHS). ACTION: Notice of proposed rulemaking. AGENCY: E:\FR\FM\12APP1.SGM 12APP1 18930 Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Proposed Rules The Coast Guard proposes to modify the operating schedule that governs the Seaboard System Railroad Bridge, across the Okeechobee Waterway, mile 28.2, at Indiantown, Florida. This proposed change would allow the swing bridge to be remotely operated, change the start and end times for advance notification for an opening during the overnight hours and update the name of the bridge. The Coast Guard is seeking comments from the public regarding the proposed changes. DATES: Comments and related material must reach the Coast Guard on or before June 11, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0099 using the Federal eRulemaking 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. SUMMARY: If you have questions on this proposed rule, call or email LT Samuel RodriguezGonzalez, U.S. Coast Guard, Sector Miami Waterways Management Division; telephone 305–535–4307, email Samuel.Rodriguez-Gonzalez@ uscg.mil. FOR FURTHER INFORMATION CONTACT: 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 (Advance, Supplemental) § Section U.S.C. United States Code FL Florida khammond on DSKJM1Z7X2PROD with PROPOSALS II. Background, Purpose and Legal Basis The Seaboard System Railroad Bridge across the Okeechobee Waterway, mile 28.2, at Indiantown, Florida is a swing bridge with a seven foot vertical clearance at mean high water in the closed position. Navigation on the waterway is commercial and recreational. The operating schedule for the bridge is set forth in 33 CFR 117.317(e). The bridge owner, CSX Transportation, requested the Coast Guard consider allowing the railroad swing bridge to be remotely operated, and modify the hours when the three hour advance notice is required for an opening. Additionally, the name of the swing bridge would be updated to reflect the current bridge owner. VerDate Sep<11>2014 16:12 Apr 09, 2021 Jkt 253001 On March 5, 2021, the Coast Guard published a Test Deviation entitled ‘‘Drawbridge Operation Regulation; Okeechobee Waterway, Indiantown, FL’’ in the Federal Register (86 FR 12821). The comment period for the Test Deviation expires on or before April 29, 2021. Zero comments have been received as of March 26, 2021. III. Discussion of Proposed Rule The proposed rule will allow the swing bridge to be remotely monitored and operated. The swing bridge will remain in the open to navigation position during daylight hours and close only for the passage of rail traffic. The start of the three hour advance notice for an opening will begin earlier each evening and end one hour later each morning. The time changes for the three hour advance notice would align with the operating schedule of the U.S. Army Corps of Engineers (USACE) Locks along this portion of the Okeechobee Waterway. The proposed changes will allow for the swing bridge to operate more efficiently while taking into account the reasonable needs of navigation. Additionally, the name of the swing bridge would be updated to reflect the current bridge owner. This proposed change would still allow vessels that are capable of transiting under the bridge, without an opening, to do so at any time and vessels can still transit the bridge when advanced notice is given. Vessels in distress and public vessels of the United States must be allowed to pass at any time. 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 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. PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 This regulatory action determination is based on the ability that vessels can still transit the bridge given advanced notice and vessels that can transit under the bridge without an opening may do so at anytime. 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 E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Proposed Rules 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. khammond on DSKJM1Z7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:12 Apr 09, 2021 Jkt 253001 may lead to the discovery of a significant environmental impact from this proposed rule. 1. The authority citation for part 117 continues to read as follows: 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 eRulemaking System of Records notice (85 FR 14226, March 11, 2020). 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: Frm 00031 Fmt 4702 PART 117—DRAWBRIDGE OPERATION REGULATIONS ■ G. Protest Activities PO 00000 18931 Sfmt 4702 Authority: 33 U.S.C. 499; 33 CFR 1.05–1; and Department of Homeland Security Delegation No. 0170.1. 2. Amend § 117.317 by revising paragraph (e) to read as follows: ■ § 117.317 Okeechobee Waterway. * * * * * (e) Seaboard System Railroad bridge, mile 28.2 at Indiantown. The draw of the CSX Railroad Bridge, mile 28.2 at Indiantown, FL, shall operate as follows: (1) The swing bridge is not tendered locally, but will be monitored and operated by a remote operator. (2) Marine radio communication shall be maintained, by the remote operator, with mariners near the bridge for the safety of navigation. Visual monitoring of the waterway shall be maintained with the use of cameras. Detection sensors shall be installed for the detection of vessels entering the radius of the swing span of the bridge while in operation. (3) From 7 a.m. to 7 p.m., the bridge will be maintained in the open to navigation position and will display green lights to indicate that the span is fully open. (4) When a train approaches, the remote operator shall monitor for vessels in the vicinity of the bridge. Provided the sensors do not detect a vessel entering the swing radius of the bridge, the operator shall initiate the closing sequence, which includes the sounding of a horn. The span will remain in the closed position for the entire time the track circuit is occupied displaying red lights. (5) After the train has cleared the track circuit, the span shall open and green lights will be displayed. (6) From 7 p.m. to 7 a.m., the bridge will be in the closed to navigation position and will open if at least a three hour advance notice is requested via marine radio channel 9 VHF or telephone (813) 677–3974. (7) The bridge shall not be operated from the remote location in the following events: Failure or obstruction of the detection sensors, remote actuation systems, cameras, or marine radio communications, or when directed by the Coast Guard. In these situations, a bridge operator must be onsite and locally operate the bridge. * * * * * E:\FR\FM\12APP1.SGM 12APP1 18932 Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Proposed Rules Dated: April 6, 2021. Eric C. Jones, Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District. [FR Doc. 2021–07434 Filed 4–9–21; 8:45 am] BILLING CODE 9110–04–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 18–89; DA 21–355; FRS 19427] Wireline Competition Bureau Seeks Comment on a Report and Preliminary Cost Catalog and Replacement List To Help Providers Participate in the Supply Chain Reimbursement Program Federal Communications Commission. ACTION: Notification. AGENCY: In this document, the Wireline Competition Bureau (Bureau) invites interested parties to comment on the Supply Chain Reimbursement Program Study (Report) and a preliminary Catalog of Eligible Expenses and Estimated Costs (Catalog) to assist the Federal Communications Commission (Commission) with establishing the Secure and Trusted Communications Networks Reimbursement Program (Reimbursement Program). DATES: Comments are due April 26, 2021. SUMMARY: Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, interested parties may file comments on or before the date indicated on the first page of this document. Comments must reference WC Docket No. 18–89 and must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). • Electronic Filers: Comments may be filed electronically using the internet by accessing ECFS: https://www.fcc.gov/ ecfs/. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. D Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. khammond on DSKJM1Z7X2PROD with PROPOSALS ADDRESSES: VerDate Sep<11>2014 16:12 Apr 09, 2021 Jkt 253001 D U.S. Postal Service First-Class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554. • Effective March 19, 2020, and until further notice, the Commission no longer accepts any hand or messenger delivered filings at its headquarters. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID–19. The Commission encourages outside parties to take full advantage of the Commission’s electronic filing system. Any party that is unable to meet the filing deadline due to the building closure may request a waiver of the comment or reply comment deadline, to the extent permitted by law. People with Disabilities. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), the Commission asks that requests for accommodations be made as soon as possible in order to allow the agency to satisfy such requests whenever possible. Send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530. FOR FURTHER INFORMATION CONTACT: Christopher Koves, Wireline Competition Bureau, 202–418–7400 or by email at SupplyChain@fcc.gov. We ask that requests for accommodations be made as soon as possible in order to allow the agency to satisfy such requests whenever possible. Send an email to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0530. SUPPLEMENTARY INFORMATION: This is a summary of the Bureau’s Public Notice (Notice) in WC Docket No. 18–89; DA 21–355, released on March 25, 2021. The full text of this document is available at the following internet address: https://www.fcc.gov/document/ fcc-releases-preliminary-supply-chainreimbursement-program-documents. 1. By the Notice, the Bureau invites interested parties to comment on the Report and a preliminary Catalog, https://docs.fcc.gov/public/ attachments/DA-21-355A1.pdf, to assist the Commission with establishing the Reimbursement Program. The Report and Catalog will help eligible providers of advanced communications services participate in the Reimbursement Program. The Bureau also seeks comment on a preliminary List of Categories of Suggested Replacement Equipment and Services (Replacement List) to aid with the replacement of communications equipment and services deemed to pose an PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 unacceptable risk to U.S. national security or the security and safety of U.S. persons (i.e., covered communications equipment or services). 2. Section 4 of the Secure and Trusted Communications Networks Act of 2019 (Secure Networks Act), as amended, directs the Commission to establish a Reimbursement Program for the reimbursement of costs incurred by eligible providers of advanced communications services for the removal, replacement, and disposal of any covered communications equipment or services. Eligible providers include those providers that have previously obtained covered communications equipment or services, and, as recently amended, includes providers with up to 10 million or fewer customers. Eligible providers seeking reimbursement are required to submit an ‘‘initial reimbursement cost estimate at the time of application, with supporting materials substantiating the costs.’’ The Commission is required, as part of the Reimbursement Program, to develop a Replacement List to assist participants. 3. On December 11, 2020, the Commission adopted the Supply Chain Second Report and Order, 86 FR 2904, January 13, 2021, which, among other measures, promulgated rules for the Reimbursement Program and the Replacement List. The Commission interpreted ‘‘providers of advanced communications service’’ to mean those providers with a broadband connection to an end user with at least a speed of 200 kbps in one direction and promulgated a ‘‘costs reasonably incurred’’ standard to determine reimbursement expense eligibility. The Commission also directed the Bureau to develop and finalize a Catalog to ‘‘identify reimbursable costs with as much specificity as possible, provide guidance to entities seeking reimbursement, streamline the reimbursement process, and increase accountability.’’ 4. The Bureau contracted with Widelity, Inc. (Widelity) to produce a report detailing the anticipated steps in removing, replacing, and disposing of covered communications equipment or services and an initial proposed version of the Catalog and Replacement List. Widelity conducted a series of confidential interviews with a broad range of communications industry stakeholders to understand the process and costs associated with removing, replacing, and disposing of covered communications equipment or services. The Bureau now seeks comment on the Report, Catalog, and Replacement List. E:\FR\FM\12APP1.SGM 12APP1

Agencies

[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Proposed Rules]
[Pages 18929-18932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07434]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2021-0099]
RIN 1625-AA09


Drawbridge Operation Regulation; Okeechobee Waterway, Indiantown, 
FL

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

[[Page 18930]]

SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Seaboard System Railroad Bridge, across the Okeechobee 
Waterway, mile 28.2, at Indiantown, Florida. This proposed change would 
allow the swing bridge to be remotely operated, change the start and 
end times for advance notification for an opening during the overnight 
hours and update the name of the bridge. The Coast Guard is seeking 
comments from the public regarding the proposed changes.

DATES: Comments and related material must reach the Coast Guard on or 
before June 11, 2021.

ADDRESSES:  You may submit comments identified by docket number USCG-
2021-0099 using the 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 LT Samuel Rodriguez-Gonzalez, U.S. Coast Guard, 
Sector Miami Waterways Management Division; telephone 305-535-4307, 
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
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
FL Florida

II. Background, Purpose and Legal Basis

    The Seaboard System Railroad Bridge across the Okeechobee Waterway, 
mile 28.2, at Indiantown, Florida is a swing bridge with a seven foot 
vertical clearance at mean high water in the closed position. 
Navigation on the waterway is commercial and recreational. The 
operating schedule for the bridge is set forth in 33 CFR 117.317(e).
    The bridge owner, CSX Transportation, requested the Coast Guard 
consider allowing the railroad swing bridge to be remotely operated, 
and modify the hours when the three hour advance notice is required for 
an opening. Additionally, the name of the swing bridge would be updated 
to reflect the current bridge owner.
    On March 5, 2021, the Coast Guard published a Test Deviation 
entitled ``Drawbridge Operation Regulation; Okeechobee Waterway, 
Indiantown, FL'' in the Federal Register (86 FR 12821). The comment 
period for the Test Deviation expires on or before April 29, 2021. Zero 
comments have been received as of March 26, 2021.

III. Discussion of Proposed Rule

    The proposed rule will allow the swing bridge to be remotely 
monitored and operated. The swing bridge will remain in the open to 
navigation position during daylight hours and close only for the 
passage of rail traffic. The start of the three hour advance notice for 
an opening will begin earlier each evening and end one hour later each 
morning. The time changes for the three hour advance notice would align 
with the operating schedule of the U.S. Army Corps of Engineers (USACE) 
Locks along this portion of the Okeechobee Waterway. The proposed 
changes will allow for the swing bridge to operate more efficiently 
while taking into account the reasonable needs of navigation. 
Additionally, the name of the swing bridge would be updated to reflect 
the current bridge owner.
    This proposed change would still allow vessels that are capable of 
transiting under the bridge, without an opening, to do so at any time 
and vessels can still transit the bridge when advanced notice is given. 
Vessels in distress and public vessels of the United States must be 
allowed to pass at any time.

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 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 given advanced notice and vessels 
that can transit under the bridge without an opening may do so at 
anytime.

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

[[Page 18931]]

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 eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.317 by revising paragraph (e) to read as follows:


Sec.  117.317  Okeechobee Waterway.

* * * * *
    (e) Seaboard System Railroad bridge, mile 28.2 at Indiantown. The 
draw of the CSX Railroad Bridge, mile 28.2 at Indiantown, FL, shall 
operate as follows:
    (1) The swing bridge is not tendered locally, but will be monitored 
and operated by a remote operator.
    (2) Marine radio communication shall be maintained, by the remote 
operator, with mariners near the bridge for the safety of navigation. 
Visual monitoring of the waterway shall be maintained with the use of 
cameras. Detection sensors shall be installed for the detection of 
vessels entering the radius of the swing span of the bridge while in 
operation.
    (3) From 7 a.m. to 7 p.m., the bridge will be maintained in the 
open to navigation position and will display green lights to indicate 
that the span is fully open.
    (4) When a train approaches, the remote operator shall monitor for 
vessels in the vicinity of the bridge. Provided the sensors do not 
detect a vessel entering the swing radius of the bridge, the operator 
shall initiate the closing sequence, which includes the sounding of a 
horn. The span will remain in the closed position for the entire time 
the track circuit is occupied displaying red lights.
    (5) After the train has cleared the track circuit, the span shall 
open and green lights will be displayed.
    (6) From 7 p.m. to 7 a.m., the bridge will be in the closed to 
navigation position and will open if at least a three hour advance 
notice is requested via marine radio channel 9 VHF or telephone (813) 
677-3974.
    (7) The bridge shall not be operated from the remote location in 
the following events: Failure or obstruction of the detection sensors, 
remote actuation systems, cameras, or marine radio communications, or 
when directed by the Coast Guard. In these situations, a bridge 
operator must be on-site and locally operate the bridge.
* * * * *


[[Page 18932]]


    Dated: April 6, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2021-07434 Filed 4-9-21; 8:45 am]
BILLING CODE 9110-04-P