Drawbridge Operation Regulation; Okeechobee Waterway, Indiantown, FL, 39961-39963 [2021-15833]
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations
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.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
special local regulation lasting only 4
hours that will prohibit entry from mile
648 to 650 on the Tennessee River. It is
categorically excluded from further
review under paragraph L[61] and
L[63a] of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1.
G. Protest Activities
jbell on DSKJLSW7X2PROD with RULES
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
15:54 Jul 23, 2021
2. Add § 100.T08–0547 to read as
follows:
■
§ 100.T08–0547 Tennessee River MM 648
to MM 650, Knoxville, TN.
(a) Regulated area. The regulations in
this section apply to the following area:
All waters of the Tennessee River from
MM 648 to 650.
(b) Regulations. (1) All nonparticipants are prohibited from
entering, transiting through, anchoring
in, or remaining within the regulated
area described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Ohio Valley (COTP)
or their designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by phone at 502–779–
5422. Those in the regulated area must
comply with all lawful orders or
directions given to them by the COTP or
the designated representative.
(3) The COTP will provide notice of
the regulated area through advanced
notice via broadcast notice to mariners.
(c) Enforcement period. This section
will be enforced on Auguest 1, 2021,
from 7 a.m. to 11 a.m.
Jkt 253001
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2021–0099 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Omar Beceiro, U.S. Coast
Guard Sector Miami Waterways
Management Division, telephone 305–
535–4317, email Omar.Beceiro@
uscg.mil.
ADDRESSES:
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
AGENCY:
II. Background Information and
Regulatory History
On March 5, 2021, the Coast Guard
published a Test Deviation, with a
request for comments, entitled
‘‘Drawbridge Operation Regulation;
Okeechobee Waterway, Indiantown,
FL,’’ in the Federal Register (86 FR
12821), to test this operating schedule
for the Seaboard System Railroad
Bridge. Zero comments were received
during the test period.
On April 12, 2021, the Coast Guard
published a notice of proposed
rulemaking entitled ‘‘Drawbridge
Operation Regulation; Okeechobee
Waterway, Indiantown, FL,’’ in the
Federal Register (86 FR 18929). There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action related to this
regulatory change. During the comment
period that ended June 11, 2021, we
received one comment which is
addressed in Section IV of this final
rule.
The Coast Guard is changing
the operating schedule that governs the
Seaboard System Railroad Bridge, across
the Okeechobee Waterway, mile 28.2, at
Indiantown, FL. This change will 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.
DATES: This rule is effective August 25,
2021.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. The
Seaboard System Railroad Bridge across
the Okeechobee Waterway, mile 28.2, at
Indiantown, FL, 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 rule allows the swing bridge to be
remotely monitored and operated. The
Dated: July 14, 2021.
A.M. Beach,
Captian, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2021–15805 Filed 7–23–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
VerDate Sep<11>2014
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
39961
[Docket No. USCG–2021–0099]
RIN 1625–AA09
Drawbridge Operation Regulation;
Okeechobee Waterway, Indiantown, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
SUMMARY:
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39962
Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations
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 will align with the operating
schedule of the U.S. Army Corps of
Engineers (USACE) Locks along this
portion of the Okeechobee Waterway.
The changes 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 change allows vessels that are
capable of transiting under the bridge,
without an opening, to do so at any time
and vessels are able to 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. Discussion of Comments, Changes,
and the Final Rule
The one comment received did not
object to the rule change but provided
suggestions in addition to the proposed
rule change. The commenter felt the
bridge should remain open until 6 p.m.
before shifting to the three hour
advanced notice for an opening. The
rule allows the bridge to shift to the
three hour advanced notice at 7 p.m.
until 7 a.m. daily. The commenter
would like signage to be placed at
unspecified locations along the
waterway approximately one mile
before the bridge. Per the commenter,
this would greatly reduce congestion in
the narrow channel at the bridge when
in the closed position. Contact
information for the bridge is found in 33
CFR 117.317(e) and posted on the bridge
per Federal drawbridge regulations.
Additional posting requirements, not in
accordance Federal drawbridge
regulations, are outside the Coast
Guard’s authority. The Coast Guard
provided the bridge owner, CSX
Transportation, with this
recommendation from the commenter
for consideration.
jbell on DSKJLSW7X2PROD with RULES
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protesters.
VerDate Sep<11>2014
15:54 Jul 23, 2021
Jkt 253001
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 rule has not been designated a
‘‘significant regulatory action’’ under
Executive Order 12866. Accordingly, it
has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination
is based on the fact 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 received zero
comments from the Small Business
Administration on this rule. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will 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 rule
will not have a significant economic
impact on any vessel owner or operator.
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 rule. If the rule may
affect your small business, organization,
or governmental jurisdiction or you
have questions concerning its
provisions or options for compliance,
please contact the person listed in the
FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
The Coast Guard will not retaliate
against small entities that question or
complain about this rule or any policy
or action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
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 rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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 rule
will not result in such an expenditure,
we do discuss the effects of this 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
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations
the human environment. This rule
promulgates the operating regulations or
procedures for drawbridges and is
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.
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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Dated: July 7, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander
Seventh Coast Guard District.
[FR Doc. 2021–15833 Filed 7–23–21; 8:45 am]
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
DEPARTMENT OF HOMELAND
SECURITY
2. Amend § 117.317 by revising
paragraph (e) to read as follows:
Coast Guard
§ 117.317
33 CFR Part 117
■
Okeechobee Waterway.
*
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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) 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
VerDate Sep<11>2014
15:54 Jul 23, 2021
Jkt 253001
[Docket No. USCG–2020–0056]
RIN 1625–AA09
Drawbridge Operation Regulation; Fox
River, Oshkosh, WI
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is amending
the operating schedule that governs the
Canadian National Railroad Bridge, mile
55.72, across the Fox River to operate
remotely. The request was made by the
bridge owner. This rule re-establishes
remote operations of the bridge and will
not change the operating schedule of the
bridge.
DATES: This rule is effective August 25,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2020–0056 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
SUMMARY:
PO 00000
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Fmt 4700
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39963
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Lee D. Soule, Bridge
Management Specialist, Ninth Coast
Guard District; telephone 216–902–
6085, email Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
(Advance, Supplemental)
§ Section
TD Temporary deviation with request for
comments
U.S.C. United States Code
II. Background Information and
Regulatory History
In 2010 we published a NPRM to
solicit comments concerning allowing
the Canadian National Railroad Bridge,
mile 55.72 to operate remotely (75 FR
76322, December 8, 2010; USCG–2010–
1029). The public requested the bridge
owner to install and maintain additional
warning lights. The NPRM was
withdrawn because the railroad refused
to install and maintain the additional
warning lights the public requested (76
FR 13312, March 11, 2011). Recently,
the Railroad has agreed that from April
27 through October 7 additional
warning lights, specifically those
alternating flashing red lights that
mimic a Grade Crossing Signal
commonly found at highway railroad
crossing would be installed and
maintained to warn mariners that the
bridge was about to close. The remote
operator shall also announce that the
bridge is opening or closing on VHF–FM
Marine Radiotelephone. The owners of
the bridge shall maintain 2 board gauges
in accordance with 33 CFR 118.160. The
remote drawtender may be contacted by
mariners at any time by radiotelephone
or commercial phone number; this
information shall be so posted on the
bridge so that they are plainly visible to
vessel operators approaching the up or
downstream side of the bridge.
The current winter operating schedule
requiring vessels to provide at least 12hours advance notice for a bridge
opening during the winter will remain
in effect. Additionally, the clearance
gauges would still be required to
indicate to vessels the water levels and
clearance while the bridge is in the
closed position. During the comment
period, a tender will be at the bridge to
allow the public to observe the
proposed bridge operations. We
E:\FR\FM\26JYR1.SGM
26JYR1
]]>Agencies
[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Rules and Regulations]
[Pages 39961-39963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15833]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating schedule that
governs the Seaboard System Railroad Bridge, across the Okeechobee
Waterway, mile 28.2, at Indiantown, FL. This change will 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.
DATES: This rule is effective August 25, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2021-0099 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Omar Beceiro, U.S. Coast Guard Sector Miami Waterways
Management Division, telephone 305-535-4317, 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 Information and Regulatory History
On March 5, 2021, the Coast Guard published a Test Deviation, with
a request for comments, entitled ``Drawbridge Operation Regulation;
Okeechobee Waterway, Indiantown, FL,'' in the Federal Register (86 FR
12821), to test this operating schedule for the Seaboard System
Railroad Bridge. Zero comments were received during the test period.
On April 12, 2021, the Coast Guard published a notice of proposed
rulemaking entitled ``Drawbridge Operation Regulation; Okeechobee
Waterway, Indiantown, FL,'' in the Federal Register (86 FR 18929).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this regulatory change. During
the comment period that ended June 11, 2021, we received one comment
which is addressed in Section IV of this final rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Seaboard System Railroad Bridge across the Okeechobee Waterway,
mile 28.2, at Indiantown, FL, 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 rule allows the swing bridge to be remotely monitored and
operated. The
[[Page 39962]]
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 will align with the operating
schedule of the U.S. Army Corps of Engineers (USACE) Locks along this
portion of the Okeechobee Waterway. The changes 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 change allows vessels that are capable of transiting under the
bridge, without an opening, to do so at any time and vessels are able
to 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. Discussion of Comments, Changes, and the Final Rule
The one comment received did not object to the rule change but
provided suggestions in addition to the proposed rule change. The
commenter felt the bridge should remain open until 6 p.m. before
shifting to the three hour advanced notice for an opening. The rule
allows the bridge to shift to the three hour advanced notice at 7 p.m.
until 7 a.m. daily. The commenter would like signage to be placed at
unspecified locations along the waterway approximately one mile before
the bridge. Per the commenter, this would greatly reduce congestion in
the narrow channel at the bridge when in the closed position. Contact
information for the bridge is found in 33 CFR 117.317(e) and posted on
the bridge per Federal drawbridge regulations. Additional posting
requirements, not in accordance Federal drawbridge regulations, are
outside the Coast Guard's authority. The Coast Guard provided the
bridge owner, CSX Transportation, with this recommendation from the
commenter for consideration.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protesters.
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 rule has not been designated a ``significant
regulatory action'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the fact 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 received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will 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 rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the rule may affect your small
business, organization, or governmental jurisdiction or you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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 rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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 rule will not result in
such an expenditure, we do discuss the effects of this 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
[[Page 39963]]
the human environment. This rule promulgates the operating regulations
or procedures for drawbridges and is 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.
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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
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.
* * * * *
Dated: July 7, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander Seventh Coast Guard District.
[FR Doc. 2021-15833 Filed 7-23-21; 8:45 am]
BILLING CODE 9110-04-P
