Drawbridge Operation Regulation; Three Mile Creek, AL, 29204-29205 [2021-11396]

Download as PDF 29204 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may, consistent with applicable law, redelegate any of these functions within the Department of the Treasury. All departments and agencies of the United States shall take all appropriate measures within their authority to carry out the provisions of this order. Sec. 9. Nothing in this order is intended to affect the continued effectiveness of any action taken pursuant to Executive Order 13742 of October 7, 2016 (Termination of Emergency With Respect to the Actions and Policies of the Government of Burma). Sec. 10. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to submit recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). Sec. 11. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) The authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Joseph R. Biden Jr., The White House, February 10, 2021. jbell on DSKJLSW7X2PROD with RULES Bradley T. Smith, Acting Director, Office of Foreign Assets Control. Approved: Andrea Gacki, Director, Office of Foreign Assets Control, Performing the Duties of Under Secretary for Terrorism and Financial Intelligence, Department of the Treasury. [FR Doc. 2021–11483 Filed 5–28–21; 8:45 am] BILLING CODE 4810–AL–P VerDate Sep<11>2014 17:21 May 28, 2021 Jkt 253001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2021–0301] Drawbridge Operation Regulation; Three Mile Creek, AL Coast Guard, DHS. Notice of temporary deviation from regulations; request for comments. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the CSX Railroad drawbridge across Three Mile Creek, mile 0.0, Mobile, AL. This deviation is needed to collect and analyze data and information on vessel traffic when bridge openings are scheduled during specific periods during each day. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The Coast Guard is seeking comments from the public regarding these proposed changes. SUMMARY: This deviation is effective from 6 a.m. June 1, 2021 through 6 p.m. August 2, 2021. Comments and relate material must reach the Coast Guard on or before July 1, 2021. ADDRESSES: You may submit comments identified by docket number USCG– 2021–0301 using 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. DATES: FOR FURTHER INFORMATION CONTACT: If you have questions on this test deviation, call or email Mr. Doug Blakemore, Eighth Coast Guard District Bridge Administrator; telephone (504) 671–2128, email Douglas.A.Blakemore@ uscg.mil. SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis The CSX Railroad drawbridge across Three Mile Creek, mile 0.0 in Mobile, AL operates under 33 CFR 117.500. In the open to vessel position the drawbridge has a horizontal clearance of 56 feet and unlimited vertical clearance. In the closed to vessel position the bridge has a vertical clearance of 10 feet. This bridge has failed to open on signal when CSX builds trains from their rail yard in Mobile, AL that extend onto the drawbridge. CSX has changed PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 their rail yard operating schedule to open the bridge to vessel traffic each day from 6:30 a.m.–7:30 a.m., 2:30 p.m.– 3:30 p.m. and 10:30-p.m.–11:30 p.m. During these periods CSX will not station trains on the bridge from their yard. All vessels in the queue will be passed through the bridge. CSX will open the bridge on signal at all other times if there are no trains on the bridge. This change will allow vessel operators to schedule their trips through this bridge and to pass through at all other times when there are no trains on the bridge. From 6 a.m. June 1, 2021 through 6 p.m. August 2, 2021 the draw of the CSX railroad bridge across Three Mile Creek mile 0.0 shall open daily from 6:30 a.m.–7:30 a.m., 2:30 p.m.–3:30 p.m., and 10:30 p.m.–11:30 p.m. At all other times the draw shall open on signal if there are no train cars stationed on the bridge. During all openings the draw shall not close until the queue of all vessels seeking passage is cleared. This 60 day test deviation will allow the Coast Guard to collect data on the impact of the proposed regulation change on vessels. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. II. 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. E:\FR\FM\01JNR1.SGM 01JNR1 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 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 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 of any posting or updates to the docket. Dated: May 20, 2021. Douglas A. Blakemore, Bridge Administrator, Eighth Coast Guard District. [FR Doc. 2021–11396 Filed 5–28–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2020–0553; FRL–10023– 65–Region 3] jbell on DSKJLSW7X2PROD with RULES Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National Ambient Air Quality Standard Second Maintenance Plan for the Erie Area some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning & Implementation Branch (3AD30), Air & Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2053. Ms. Nichols can also be reached via electronic mail at Nichols.Serena@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On February 9, 2021 (86 FR 8722), EPA published a notice of proposed rulemaking (NPRM). In the NPRM, EPA proposed approval of Pennsylvania’s plan for maintaining the 1997 ozone NAAQS in the Erie Area through November 8, 2027, in accordance with CAA section 175A. The formal SIP revision was submitted by PADEP on February 27, 2020. II. Summary of SIP Revision and EPA Analysis AGENCY: Environmental Protection On October 9, 2007 (72 FR 57207, Agency (EPA). effective November 8, 2007), EPA ACTION: Final rule. approved a redesignation request (and SUMMARY: The Environmental Protection maintenance plan) from PADEP for the Erie Area. In accordance with CAA Agency (EPA) is approving a state section 175A(b), at the end of the eighth implementation plan (SIP) revision year after the effective date of the submitted by the Commonwealth of redesignation, the state must also Pennsylvania. The revision pertains to the Commonwealth’s plan, submitted by submit a second maintenance plan to ensure ongoing maintenance of the the Pennsylvania Department of standard for an additional 10 years, and Environmental Protection (PADEP), for in South Coast Air Quality Management maintaining the 1997 8-hour ozone District v. EPA,1 the D.C. Circuit held national ambient air quality standard that this requirement cannot be waived (NAAQS) (referred to as the ‘‘1997 for areas, like the Erie Area, that had ozone NAAQS’’) in the Erie, Pennsylvania area (‘‘Erie Area’’). EPA is been redesignated to attainment for the 1997 8-hour ozone NAAQS prior to approving these revisions to the revocation and that were designated Pennsylvania SIP in accordance with attainment for the 2008 ozone NAAQS. the requirements of the Clean Air Act CAA section 175A sets forth the criteria (CAA). for adequate maintenance plans. In DATES: This final rule is effective on July addition, EPA has published 1, 2021. longstanding guidance that provides ADDRESSES: EPA has established a further insight on the content of an docket for this action under Docket ID approvable maintenance plan, Number EPA–R03–OAR–2020–0553. All explaining that a maintenance plan documents in the docket are listed on should address five elements: (1) An the https://www.regulations.gov 1 882 F.3d 1138 (D.C. Cir. 2018). website. Although listed in the index, VerDate Sep<11>2014 16:41 May 28, 2021 Jkt 253001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 29205 attainment emissions inventory; (2) a maintenance demonstration; (3) a commitment for continued air quality monitoring; (4) a process for verification of continued attainment; and (5) a contingency plan.2 PADEP’s February 27, 2020 submittal fulfills Pennsylvania’s obligation to submit a second maintenance plan and addresses each of the five necessary elements. As discussed in the February 9, 2021 NPRM, EPA allows the submittal of a limited maintenance plan (LMP) to meet the statutory requirement that the area will maintain for the statutory period. Qualifying areas may meet the maintenance demonstration by showing that the area’s design value 3 is well below the NAAQS and that the historical stability of the area’s air quality levels indicates that the area is unlikely to violate the NAAQS in the future. EPA evaluated PADEP’s February 27, 2020 submittal for consistency with all applicable EPA guidance and CAA requirements. EPA found that the submittal met CAA section 175A and all CAA requirements, and proposed approval of the LMP for the Erie Area as a revision to the Pennsylvania SIP. Other specific requirements of PADEP’s February 27, 2020 submittal and the rationale for EPA’s proposed action are explained in the NPRM and will not be restated here. III. EPA’s Response to Comments Received EPA received four comments on the February 9, 2021 NPRM but only one that was adverse and relevant to this action. All comments are in the docket for this rule action. A summary of the relevant adverse comment and EPA’s response is provided herein. Comment: The commenter asserts that the LMP should not be approved because ‘‘Pennsylvania identifies no actual contingency measures.’’ According to the commenter, a ‘‘contingency measure is supposed to be a known measure that can be quickly implemented by a state in order to prevent the violation of the NAAQS.’’ The comment asserts that the plan’s current contingency measures are defective because they allegedly will not be evaluated and determined until after an exceedance of the NAAQS has 2 ‘‘Procedures for Processing Requests to Redesignate Areas to Attainment,’’ Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992 (Calcagni Memo). 3 The ozone design value for a monitoring site is the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentrations. The design value for an ozone nonattainment area is the highest design value of any monitoring site in the area. E:\FR\FM\01JNR1.SGM 01JNR1

Agencies

[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Rules and Regulations]
[Pages 29204-29205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11396]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2021-0301]


Drawbridge Operation Regulation; Three Mile Creek, AL

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the CSX Railroad drawbridge across 
Three Mile Creek, mile 0.0, Mobile, AL. This deviation is needed to 
collect and analyze data and information on vessel traffic when bridge 
openings are scheduled during specific periods during each day. This 
deviation will test a change to the drawbridge operation schedule to 
determine whether a permanent change to the schedule is needed. The 
Coast Guard is seeking comments from the public regarding these 
proposed changes.

DATES: This deviation is effective from 6 a.m. June 1, 2021 through 6 
p.m. August 2, 2021.
    Comments and relate material must reach the Coast Guard on or 
before July 1, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0301 using 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this test 
deviation, call or email Mr. Doug Blakemore, Eighth Coast Guard 
District Bridge Administrator; telephone (504) 671-2128, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background, Purpose and Legal Basis

    The CSX Railroad drawbridge across Three Mile Creek, mile 0.0 in 
Mobile, AL operates under 33 CFR 117.500. In the open to vessel 
position the drawbridge has a horizontal clearance of 56 feet and 
unlimited vertical clearance. In the closed to vessel position the 
bridge has a vertical clearance of 10 feet.
    This bridge has failed to open on signal when CSX builds trains 
from their rail yard in Mobile, AL that extend onto the drawbridge. CSX 
has changed their rail yard operating schedule to open the bridge to 
vessel traffic each day from 6:30 a.m.-7:30 a.m., 2:30 p.m.-3:30 p.m. 
and 10:30-p.m.-11:30 p.m. During these periods CSX will not station 
trains on the bridge from their yard. All vessels in the queue will be 
passed through the bridge. CSX will open the bridge on signal at all 
other times if there are no trains on the bridge. This change will 
allow vessel operators to schedule their trips through this bridge and 
to pass through at all other times when there are no trains on the 
bridge.
    From 6 a.m. June 1, 2021 through 6 p.m. August 2, 2021 the draw of 
the CSX railroad bridge across Three Mile Creek mile 0.0 shall open 
daily from 6:30 a.m.-7:30 a.m., 2:30 p.m.-3:30 p.m., and 10:30 p.m.-
11:30 p.m. At all other times the draw shall open on signal if there 
are no train cars stationed on the bridge. During all openings the draw 
shall not close until the queue of all vessels seeking passage is 
cleared.
    This 60 day test deviation will allow the Coast Guard to collect 
data on the impact of the proposed regulation change on vessels.
    The Coast Guard will also inform the users of the waterways through 
our Local and Broadcast Notices to Mariners of the change in operating 
schedule for the bridge so that vessel operators can arrange their 
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

II. 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.

[[Page 29205]]

    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 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 of any posting or updates to the 
docket.

    Dated: May 20, 2021.
Douglas A. Blakemore,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2021-11396 Filed 5-28-21; 8:45 am]
BILLING CODE 9110-04-P