Drawbridge Operation Regulation; New River, Fort Lauderdale, FL, 34172-34175 [2021-13701]
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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
In considering these factors, the
Commission will treat as an important
component of each one the relative
priority of the risk of injury associated
with the product about which the
petition has been filed and the
Commission’s resources available for
rulemaking activities with respect to
that risk of injury. 16 CFR 1051.9(b).
The CPSC Policy on Establishing
Priorities for Commission Action, 16
CFR 1009.8, sets forth the criteria upon
which Commission priorities are based.
The petition is available on the CPSC
website https://www.cpsc.gov/s3fspublic/Petition-from-Families-UnitedAgainst-Inhalant-Abuse-FUAIA.pdf?
EYYcWmPdktNDi5NiVt8Vixck_.Sz.Mnf
or https://www.regulations.gov, under
Docket No. CP–21–1, Supporting and
Related Materials. Alternatively,
interested parties may obtain a copy of
the petition by writing or calling the
Division of the Secretariat, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814;
telephone (301) 504–6833.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2021–13337 Filed 6–28–21; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
30 CFR Part 250
Bureau of Ocean Energy Management
30 CFR Part 550
[Docket ID BSEE–2019–0008, EEEE500000,
21XE1700DX, EX1SF0000.EAQ000]
RIN 1082–AA01
Oil and Gas and Sulfur Operations in
the Outer Continental Shelf—
Revisions to the Requirements for
Exploratory Drilling on the Arctic Outer
Continental Shelf
Bureau of Safety and
Environmental Enforcement (BSEE) and
Bureau of Ocean Energy Management
(BOEM), Department of the Interior.
ACTION: Withdrawal of proposed rule.
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AGENCY:
The U.S. Department of the
Interior (DOI or Department), acting
through BSEE and BOEM, hereby
withdraws in its entirety the proposed
rule published on December 9, 2020,
entitled ‘‘Revisions to the Requirements
for Exploratory Drilling on the Arctic
Outer Continental Shelf.’’
SUMMARY:
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As of the date of signature, June
23, 2021, the proposed rule published
on December 9, 2020, at 85 FR 79266 is
withdrawn.
FOR FURTHER INFORMATION CONTACT: For
questions on any BSEE issues, contact
Kirk Malstrom, BSEE, at kirk.malstrom@
bsee.gov or at (703) 787–1751. For
questions on any BOEM issues, contact
Deanna Meyer-Pietruszka, BOEM, Chief,
Office of Policy, Regulation, and
Analysis, at Deanna.Meyer-Pietruszka@
boem.gov or by mail to 1849 C Street
NW, Washington, DC 22040 or by
calling (202) 208–6352.
SUPPLEMENTARY INFORMATION: On July
15, 2016, BSEE and BOEM promulgated
a narrowly focused rule (see 2016 Arctic
Exploratory Drilling Rule at 81 FR
46478) revising the regulations
applicable to exploratory drilling
operations conducted during the Arctic
Outer Continental Shelf (OCS) openwater drilling season by drilling vessels
and ‘‘jack-up rigs’’ (collectively known
as mobile offshore drilling units or
MODUs) in the Beaufort Sea and
Chukchi Sea Planning Areas. The
regulations promulgated through the
2016 Arctic Exploratory Drilling Rule
were intended to ensure that Arctic OCS
exploratory drilling operations are
conducted in a safe and responsible
manner, while taking into account the
unique conditions of the Arctic OCS as
well as Alaska Natives’ cultural
traditions and their need for access to
subsistence resources.
E.O. 13795, ‘‘Implementing an
America-First Offshore Energy Strategy’’
(82 FR 20815), issued on April 28, 2017,
and S.O. 3350, ‘‘America-First Offshore
Energy Strategy,’’ issued on May 1,
2017, directed BSEE and BOEM to
undertake a review of the 2016 Arctic
Exploratory Drilling Rule. In response,
on December 9, 2020, the Department
published the proposed rule: ‘‘Oil and
Gas and Sulfur Operations on the Outer
Continental Shelf—Revisions to the
Requirements for Exploratory Drilling
on the Arctic Outer Continental Shelf’’
(85 FR 79266) (2020 Proposed Arctic
Exploratory Drilling Rule). The
proposed rule provided a 60-day public
comment period, which closed February
8, 2021. After publication of the
proposed rule, BSEE and BOEM
received requests to extend the
comment period for 60 days. BSEE and
BOEM subsequently re-opened the
comment period for an additional 60
days through a notice published in the
Federal Register on February 10, 2021
(86 FR 8878). That comment period
closed on April 9, 2021.
Since publication of the 2020
Proposed Arctic Exploratory Drilling
DATES:
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Rule, President Biden issued E.O.
13990, ‘‘Protecting Public Health and
the Environment and Restoring Science
to Tackle the Climate Crisis’’ (86 FR
7037, Jan. 25, 2021). E.O. 13990
establishes a policy to, among other
things, promote and protect public
health and the environment. Section 7
of the E.O. revoked E.O. 13795. Further,
on April 16, 2021, Secretary Haaland
issued S.O. 3398, which revoked S.O.
3350. The Department has decided it
will not proceed with a final rule
codifying any provisions of the 2020
Proposed Arctic Exploratory Drilling
Rule, and the proposed rule is hereby
withdrawn. The withdrawal of the
proposed rule does not preclude the
Department from initiating the same or
a similar rulemaking at a future date.
Should the Department decide to
undertake such a rulemaking, it will
begin with a new proposed rule and
provide new opportunities for comment.
Laura Daniel-Davis,
Principal Deputy Assistant Secretary, Land
and Minerals Management.
[FR Doc. 2021–13803 Filed 6–28–21; 8:45 am]
BILLING CODE 4310–VH–P; 4310–MR–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0955]
RIN 1625–AA09
Drawbridge Operation Regulation; New
River, Fort Lauderdale, FL
Coast Guard, DHS.
Supplemental notice of
proposed rulemaking.
AGENCY:
ACTION:
On July 13, 2020, the Coast
Guard published a notification of
proposed rulemaking (NPRM) to change
the operating schedule that governs the
Florida East Coast (FEC) Railroad Bridge
across the New River, mile 2.5, at Fort
Lauderdale, Florida. This proposed
change would allow the drawbridge to
operate on a more predictable schedule.
The Coast Guard is publishing this
supplemental notice of proposed
rulemaking (SNPRM) as considerable
time has passed since the NPRM was
published and minor modifications
have been made to the proposed rule.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
July 29, 2021.
SUMMARY:
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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
You may submit comments
identified by docket number USCG–
2019–0955 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.
ADDRESSES:
If
you have questions on this
supplemental proposed rule, call or
email Ms. Jennifer Zercher, Bridge
Management Specialist, Seventh Coast
Guard District, telephone 305–415–
6740, email Jennifer.N.Zercher@
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
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed
rulemaking
ANPRM Advance Notice of Proposed
Rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
FL Florida
FRA Federal Rail Administration
FECR Florida East Coast Railway
FEC Florida East Coast
VTUS–F Virgin Trains USA-Florida, LLC
MIASF Marine Industries Association of
South Florida
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II. Background, Purpose and Legal
Basis
The Florida East Coast (FEC) Railroad
Bridge across the New River, mile 2.5,
at Fort Lauderdale, Florida is a singleleaf bascule railroad bridge with a fourfoot vertical clearance at mean high
water in the closed position. Traffic on
the waterway includes both commercial
and recreational vessels. Brightline,
formerly Virgin Trains—USA Florida
(VTUS–F), with support from the bridge
owner, Florida East Coast Railway
(FECR), requested a change to the
drawbridge operating schedule due to
an increase in rail traffic in recent years.
The operating schedule for the bridge
set forth in 33 CFR 117.313(c) no longer
balances the needs of vessel and rail
traffic.
On January 23, 2020, the Coast Guard
published a Test Deviation, with a
request for comments, entitled
Drawbridge Operation Regulation; New
River, Fort Lauderdale, FL in the
Federal Register (85 FR 3852), to test
the proposed operating schedule for the
FEC New River Railroad Bridge. Seven
comments were received and addressed
in the NPRM.
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On July 13, 2020, the Coast Guard
published a Notice of Proposed
Rulemaking entitled Drawbridge
Operation Regulation; New River, Fort
Lauderdale, FL in the Federal Register
(85 FR 41932). During the comment
period that ended August 12, 2020, we
received two comments and those
comments are addressed in Section III of
this SNPRM.
We are issuing this supplemental
proposal as considerable time has
passed since the NPRM was published
and comments were considered after the
comment period had closed that lead to
minor changes to the proposed rule. An
Ex Parte Memorandum summarizing the
communication is available in the
docket.
The Coast Guard is issuing this
proposed rule under authority 33 U.S.C.
499.
III. Discussion of Comments and
Change
Two comments were received. One
comment received was a re-submission
by Brightline, formerly VTUS–F, which
was addressed in the NPRM.
The second comment addressed
concerns with the abbreviated vessel
traffic study, interpretation of and
language used in the proposed
regulation. The commenter felt the
inclusion of the abbreviated vessel
traffic study might not have represented
an accurate impact on the waterway as
train service was disrupted by the
coronavirus pandemic. The Coast Guard
evaluated the survey provided. A
decision was made to consider the data
as train service was not reduced until
March 18, 2020, the last day of the
study.
The commenter’s interpretation of the
requirement to publish the 10-minute
opening periods is correct. The
requirement to publish the 10-minute
opening periods applies to fixed 10minute periods and the additional 10minute periods from Noon to 2:59 p.m.
In regards to the commenter’s
interpretation of paragraph (5), actions
taken by the Coast Guard, the Coast
Guard will follow notification
procedures to the maritime community
as outlined by Coast Guard policy.
Additionally, the Coast Guard will
clarify who is to maintain the
drawbridge log, mobile application and
website in paragraphs (6) and (7) by
adding the phrase ‘‘by the drawbridge
owner’’ to the regulation.
The commenter requested to add
language in paragraph (7)(ii), that would
require notification of emergency
circumstances be included on the
website and mobile application. The
following language was added ‘‘. . .
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34173
schedules, including but not limited to
impacts due to emergency
circumstances, minor repairs and
inspections . . .’’
The commenter’s interpretation of the
paragraph (8)(iii) is accurate. The
drawbridge must open after the passage
of rail traffic. However, the bridge may
remain closed to navigation if periodic
maintenance or inspections will be
conducted in accordance with
paragraph (1).
Lastly, the Coast Guard received a
request from Marine Industries
Association of South Florida (MIASF) to
review and potentially define the term
‘‘minor repairs’’ as written in the
propose rule after the comment period
had closed. The Coast Guard evaluated
the term ‘‘minor repairs’’ as it relates to
drawbridge operating regulations and
Federal Rail Administration (FRA)
regulations. The Coast Guard does not
define nor quantify ‘‘minor repairs’’
when authorizing federal drawbridge
operation regulations; whereas FRA
outlines what constitutes ‘‘major
repairs’’ in 49 CFR 232.303. The Coast
Guard made the decision to remove
‘‘minor repairs’’ from the proposed rule
and include the following ‘‘. . . and to
perform periodic maintenance
authorized in accordance with subpart
A of this part.’’
IV. Discussion of Proposed Rule
The proposed rule will allow the
drawbridge to operate on a more
predictable schedule. Under this
proposed regulation, the draw of the
FEC Railroad Bridge would provide a
pre-determined 10-minute opening
between 5:00 a.m. and 11:59 p.m. An
additional 10-minute opening would be
provided at various times throughout
the day. A mobile application and
website shall be maintained depicting
the operational status of the drawbridge.
This SNPRM proposes to remove
‘‘minor repairs’’ from the proposed
regulatory text. This action allows for
consistency with regulatory language
frequently used in other regulations in
33 CFR part 117 subpart B. There are no
other proposed changes to the operating
schedule. The regulatory text we are
proposing appears at the end of the
document.
This proposed change would still
allow vessels that are capable of
transiting under the bridge, without an
opening, to do so at any time while
taking into account the reasonable needs
of other modes of transportation.
Vessels in distress and public vessels of
the United States must be allowed to
pass at any time or as soon as the train
has cleared the bridge.
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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
V. 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.
This SNPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the SNPRM has not been reviewed by
the Office of Management and Budget.
(OMB).
This regulatory action determination
is based on the ability that vessels can
continue to transit the bridge at
designated times throughout the day
and when trains are not crossing or
when a vessel is in distress.
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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 V.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
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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
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 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,
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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 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.
VI. 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
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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this SNPRM
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 § 117.313 by revising
paragraph (c) to read as follows:
■
§ 117.313
New River.
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(c) The draw of the Florida East Coast
(FEC) Railroad Bridge across the New
River, mile 2.5, at Fort Lauderdale shall
operate as follows:
(1) The drawbridge shall be
maintained in the fully open-tonavigation position for vessels at all
times, except during period when it is
closed for the passage of rail traffic,
inspections and to perform periodic
maintenance authorized in accordance
with subpart A of this part.
(2) The drawbridge shall not be closed
to navigation for more than 60
consecutive minutes.
(3) The drawbridge shall open and
remain open to navigation for a fixed
10-minute period each hour from 5 a.m.
to 11:59 p.m., except that the
drawbridge shall be open at the
following times which shall serve as the
hourly fixed 10-minute period:
—7:00 a.m. until 7:10 a.m.
—9:00 a.m. until 9:10 a.m.
—4:00 p.m. until 4:10 p.m.
—6:00 p.m. until 6:10 p.m.
—10:00 p.m. until 10:10 p.m.
(i) Additionally, in each hour from
12:00 p.m. to 2:59 p.m., the drawbridge
shall open and remain open to
navigation for an additional 10-minute
period.
(ii) The 10-minute opening periods
shall be published on a quarterly basis
by the drawbridge owner and reflected
on the drawbridge owner’s website and
mobile application.
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(4) The drawbridge shall have a
drawbridge tender onsite at all times
who is capable of physically tending
and operating the drawbridge by local
control, if necessary, or when ordered
by the Coast Guard.
(i) The drawbridge tender shall
provide estimated times of drawbridge
openings and closures, upon request.
(ii) Operational information will be
provided 24 hours a day on VHF–FM
channels 9 and 16 or by telephone at
(305) 889–5572. Signs shall be posted
visible to marine traffic and displaying
VHF radio contact information, website
and application information, and the
telephone number for the bridge tender.
(5) In the event of a drawbridge
operational failure, or other emergency
circumstances impacting normal
drawbridge operations, the drawbridge
owner shall immediately notify the
Coast Guard Captain of the Port Miami
and provide an estimated time of repair
and return to normal operations.
(6) A drawbridge log shall be
maintained including drawbridge
opening and closing times. The
drawbridge log should include reasons
for those drawbridge closings that
interfere with scheduled openings in
this part. This drawbridge log shall be
maintained by the drawbridge owner
and upon request, be provided to the
Coast Guard.
(7) A website and mobile application
shall be maintained by the drawbridge
owner and publish:
(i) Drawbridge opening times required
by this subsection;
(ii) Timely updates to schedules;
including but not limited to impacts due
to emergency circumstances, minor
repairs and inspections;
(iii) At least 24-hour advance notice
for each schedule in order to facilitate
planning by maritime operators; and
(iv) To the extent reasonably
practicable, at least 60-minutes advance
notice of schedule changes or delays.
(8) The drawbridge shall display the
following lights:
(i) When the drawbridge is in the fully
open position, green lights shall be
displayed to indicate that vessels may
pass.
(ii) When rail traffic approaches the
block signal, the lights shall go to
flashing red, then the drawbridge lowers
and locks, and the lights shall remain
flashing red.
(iii) After the rail traffic has cleared
the drawbridge, the drawbridge shall
open and the lights return to green.
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34175
Dated: June 21, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander
Seventh Coast Guard District.
[FR Doc. 2021–13701 Filed 6–28–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2021–0378; FRL–10024–
86–Region 7]
Air Plan Approval; Iowa; Infrastructure
State Implementation Plan
Requirements for the 2015 Ozone
National Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
certain elements of a State
Implementation Plan (SIP) submission
from the State of Iowa addressing the
applicable requirements of section 110
of the Clean Air Act (CAA) for the 2015
Ozone (O3) National Ambient Air
Quality Standard (NAAQS). Section 110
requires that each state adopt and
submit a SIP revision to support the
implementation, maintenance, and
enforcement of each new or revised
NAAQS promulgated by the EPA. These
SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: Comments must be received on
or before July 29, 2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0378 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Proposed Rules]
[Pages 34172-34175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13701]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0955]
RIN 1625-AA09
Drawbridge Operation Regulation; New River, Fort Lauderdale, FL
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: On July 13, 2020, the Coast Guard published a notification of
proposed rulemaking (NPRM) to change the operating schedule that
governs the Florida East Coast (FEC) Railroad Bridge across the New
River, mile 2.5, at Fort Lauderdale, Florida. This proposed change
would allow the drawbridge to operate on a more predictable schedule.
The Coast Guard is publishing this supplemental notice of proposed
rulemaking (SNPRM) as considerable time has passed since the NPRM was
published and minor modifications have been made to the proposed rule.
We invite your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before July 29, 2021.
[[Page 34173]]
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0955 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
supplemental proposed rule, call or email Ms. Jennifer Zercher, Bridge
Management Specialist, Seventh Coast Guard District, telephone 305-415-
6740, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
ANPRM Advance Notice of Proposed Rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
FL Florida
FRA Federal Rail Administration
FECR Florida East Coast Railway
FEC Florida East Coast
VTUS-F Virgin Trains USA-Florida, LLC
MIASF Marine Industries Association of South Florida
II. Background, Purpose and Legal Basis
The Florida East Coast (FEC) Railroad Bridge across the New River,
mile 2.5, at Fort Lauderdale, Florida is a single-leaf bascule railroad
bridge with a four-foot vertical clearance at mean high water in the
closed position. Traffic on the waterway includes both commercial and
recreational vessels. Brightline, formerly Virgin Trains--USA Florida
(VTUS-F), with support from the bridge owner, Florida East Coast
Railway (FECR), requested a change to the drawbridge operating schedule
due to an increase in rail traffic in recent years. The operating
schedule for the bridge set forth in 33 CFR 117.313(c) no longer
balances the needs of vessel and rail traffic.
On January 23, 2020, the Coast Guard published a Test Deviation,
with a request for comments, entitled Drawbridge Operation Regulation;
New River, Fort Lauderdale, FL in the Federal Register (85 FR 3852), to
test the proposed operating schedule for the FEC New River Railroad
Bridge. Seven comments were received and addressed in the NPRM.
On July 13, 2020, the Coast Guard published a Notice of Proposed
Rulemaking entitled Drawbridge Operation Regulation; New River, Fort
Lauderdale, FL in the Federal Register (85 FR 41932). During the
comment period that ended August 12, 2020, we received two comments and
those comments are addressed in Section III of this SNPRM.
We are issuing this supplemental proposal as considerable time has
passed since the NPRM was published and comments were considered after
the comment period had closed that lead to minor changes to the
proposed rule. An Ex Parte Memorandum summarizing the communication is
available in the docket.
The Coast Guard is issuing this proposed rule under authority 33
U.S.C. 499.
III. Discussion of Comments and Change
Two comments were received. One comment received was a re-
submission by Brightline, formerly VTUS-F, which was addressed in the
NPRM.
The second comment addressed concerns with the abbreviated vessel
traffic study, interpretation of and language used in the proposed
regulation. The commenter felt the inclusion of the abbreviated vessel
traffic study might not have represented an accurate impact on the
waterway as train service was disrupted by the coronavirus pandemic.
The Coast Guard evaluated the survey provided. A decision was made to
consider the data as train service was not reduced until March 18,
2020, the last day of the study.
The commenter's interpretation of the requirement to publish the
10-minute opening periods is correct. The requirement to publish the
10-minute opening periods applies to fixed 10-minute periods and the
additional 10-minute periods from Noon to 2:59 p.m.
In regards to the commenter's interpretation of paragraph (5),
actions taken by the Coast Guard, the Coast Guard will follow
notification procedures to the maritime community as outlined by Coast
Guard policy. Additionally, the Coast Guard will clarify who is to
maintain the drawbridge log, mobile application and website in
paragraphs (6) and (7) by adding the phrase ``by the drawbridge owner''
to the regulation.
The commenter requested to add language in paragraph (7)(ii), that
would require notification of emergency circumstances be included on
the website and mobile application. The following language was added
``. . . schedules, including but not limited to impacts due to
emergency circumstances, minor repairs and inspections . . .''
The commenter's interpretation of the paragraph (8)(iii) is
accurate. The drawbridge must open after the passage of rail traffic.
However, the bridge may remain closed to navigation if periodic
maintenance or inspections will be conducted in accordance with
paragraph (1).
Lastly, the Coast Guard received a request from Marine Industries
Association of South Florida (MIASF) to review and potentially define
the term ``minor repairs'' as written in the propose rule after the
comment period had closed. The Coast Guard evaluated the term ``minor
repairs'' as it relates to drawbridge operating regulations and Federal
Rail Administration (FRA) regulations. The Coast Guard does not define
nor quantify ``minor repairs'' when authorizing federal drawbridge
operation regulations; whereas FRA outlines what constitutes ``major
repairs'' in 49 CFR 232.303. The Coast Guard made the decision to
remove ``minor repairs'' from the proposed rule and include the
following ``. . . and to perform periodic maintenance authorized in
accordance with subpart A of this part.''
IV. Discussion of Proposed Rule
The proposed rule will allow the drawbridge to operate on a more
predictable schedule. Under this proposed regulation, the draw of the
FEC Railroad Bridge would provide a pre-determined 10-minute opening
between 5:00 a.m. and 11:59 p.m. An additional 10-minute opening would
be provided at various times throughout the day. A mobile application
and website shall be maintained depicting the operational status of the
drawbridge. This SNPRM proposes to remove ``minor repairs'' from the
proposed regulatory text. This action allows for consistency with
regulatory language frequently used in other regulations in 33 CFR part
117 subpart B. There are no other proposed changes to the operating
schedule. The regulatory text we are proposing appears at the end of
the document.
This proposed change would still allow vessels that are capable of
transiting under the bridge, without an opening, to do so at any time
while taking into account the reasonable needs of other modes of
transportation. Vessels in distress and public vessels of the United
States must be allowed to pass at any time or as soon as the train has
cleared the bridge.
[[Page 34174]]
V. 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. This SNPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the
SNPRM has not been reviewed by the Office of Management and Budget.
(OMB).
This regulatory action determination is based on the ability that
vessels can continue to transit the bridge at designated times
throughout the day and when trains are not crossing or when a vessel is
in distress.
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 V.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 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 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 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.
VI. 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
[[Page 34175]]
System of Records notice (85 FR 14226, March 11, 2020).
Documents mentioned in this SNPRM 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. 117.313 by revising paragraph (c) to read as follows:
Sec. 117.313 New River.
* * * * *
(c) The draw of the Florida East Coast (FEC) Railroad Bridge across
the New River, mile 2.5, at Fort Lauderdale shall operate as follows:
(1) The drawbridge shall be maintained in the fully open-to-
navigation position for vessels at all times, except during period when
it is closed for the passage of rail traffic, inspections and to
perform periodic maintenance authorized in accordance with subpart A of
this part.
(2) The drawbridge shall not be closed to navigation for more than
60 consecutive minutes.
(3) The drawbridge shall open and remain open to navigation for a
fixed 10-minute period each hour from 5 a.m. to 11:59 p.m., except that
the drawbridge shall be open at the following times which shall serve
as the hourly fixed 10-minute period:
--7:00 a.m. until 7:10 a.m.
--9:00 a.m. until 9:10 a.m.
--4:00 p.m. until 4:10 p.m.
--6:00 p.m. until 6:10 p.m.
--10:00 p.m. until 10:10 p.m.
(i) Additionally, in each hour from 12:00 p.m. to 2:59 p.m., the
drawbridge shall open and remain open to navigation for an additional
10-minute period.
(ii) The 10-minute opening periods shall be published on a
quarterly basis by the drawbridge owner and reflected on the drawbridge
owner's website and mobile application.
(4) The drawbridge shall have a drawbridge tender onsite at all
times who is capable of physically tending and operating the drawbridge
by local control, if necessary, or when ordered by the Coast Guard.
(i) The drawbridge tender shall provide estimated times of
drawbridge openings and closures, upon request.
(ii) Operational information will be provided 24 hours a day on
VHF-FM channels 9 and 16 or by telephone at (305) 889-5572. Signs shall
be posted visible to marine traffic and displaying VHF radio contact
information, website and application information, and the telephone
number for the bridge tender.
(5) In the event of a drawbridge operational failure, or other
emergency circumstances impacting normal drawbridge operations, the
drawbridge owner shall immediately notify the Coast Guard Captain of
the Port Miami and provide an estimated time of repair and return to
normal operations.
(6) A drawbridge log shall be maintained including drawbridge
opening and closing times. The drawbridge log should include reasons
for those drawbridge closings that interfere with scheduled openings in
this part. This drawbridge log shall be maintained by the drawbridge
owner and upon request, be provided to the Coast Guard.
(7) A website and mobile application shall be maintained by the
drawbridge owner and publish:
(i) Drawbridge opening times required by this subsection;
(ii) Timely updates to schedules; including but not limited to
impacts due to emergency circumstances, minor repairs and inspections;
(iii) At least 24-hour advance notice for each schedule in order to
facilitate planning by maritime operators; and
(iv) To the extent reasonably practicable, at least 60-minutes
advance notice of schedule changes or delays.
(8) The drawbridge shall display the following lights:
(i) When the drawbridge is in the fully open position, green lights
shall be displayed to indicate that vessels may pass.
(ii) When rail traffic approaches the block signal, the lights
shall go to flashing red, then the drawbridge lowers and locks, and the
lights shall remain flashing red.
(iii) After the rail traffic has cleared the drawbridge, the
drawbridge shall open and the lights return to green.
* * * * *
Dated: June 21, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2021-13701 Filed 6-28-21; 8:45 am]
BILLING CODE 9110-04-P
