Drawbridge Operation Regulation: New River, Fort Lauderdale, FL, 58799-58801 [2021-23201]
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Rules and Regulations
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, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is changing
the operating schedule that governs the
Florida East Coast (FEC) Railroad Bridge
across the New River, mile 2.5, at Fort
Lauderdale, Florida. This change will
allow the drawbridge to operate on a
more predictable schedule. This action
should better serve the reasonable needs
of both vessel and rail traffic.
DATES: This rule is effective November
24, 2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2019–0955 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH’’. In the Document Type
column, select ‘‘Supporting & Related
Material’’.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Ms. Jennifer Zercher, Bridge
Management Specialist, Seventh Coast
Guard District, telephone 305–415–
6740, email Jennifer.N.Zercher@
uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
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CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed
rulemaking
§ Section
FL Florida
FRA Federal Rail Administration
FECR Florida East Coast Railway
FEC Florida East Coast
MIASF Marine Industries Association of
South Florida
U.S.C. United States Code
II. Background Information and
Regulatory History
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 a
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16:11 Oct 22, 2021
Jkt 256001
proposed operating schedule for the
FEC New River Railroad Bridge. During
the comment period that ended March
30, 2020, we received seven comments
and those comments were 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 were addressed in the
SNPRM.
On June 29, 2021, the Coast Guard
published a supplemental notice of
proposed rulemaking entitled
‘‘Drawbridge Operation Regulation; New
River, Fort Lauderdale, FL’’ in the
Federal Register (86 FR 34172). During
the comment period that ended July 29,
2021, we received four comments and
those comments are 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 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. The
operating schedule for the bridge set
forth in 33 CFR 117.313(c).
Traffic on the waterway includes both
commercial and recreational vessels.
Brightline, with support from the bridge
owner, Florida East Coast Railway
(FECR), requested a change to the
drawbridge operating schedule. Due to
the increase in rail traffic, the current
operating schedule no longer balances
the needs of vessel and rail traffic.
IV. Discussion of Comments, Changes
and the Final Rule
Four comments were received. One
commenter requested to know if the
rulemaking on the operation of the
bridge is tied to the train schedule for
a fixed amount of crossings over the
river. The rule does not consider the
train schedules. The bridge is required
to be maintained in the fully open-tonavigation position for vessels at all
times, except during periods when it is
closed for the passage of rail traffic,
inspections and to perform periodic
maintenance that has been authorized
by the Coast Guard.
The second commenter is in support
of the proposed rule but had
recommendations regarding the
technical language. The Coast Guard
considered the recommendation to
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58799
change paragraph (c)(3)(ii) to read ‘‘. . .
on a quarterly basis or as otherwise
required by this paragraph.’’ because the
commenter felt it conflicted with
paragraph (c)(7). The Coast Guard feels
there is no conflict and it is unnecessary
to add the additional language to
paragraph (c)(3)(ii). However, after
reviewing paragraph (c)(7), we will
change ‘‘subsection’’ to ‘‘paragraph’’ in
paragraph (c)(7)(i). The second
recommendation was to include ‘‘the
performance of periodic maintenance’’
in paragraph (c)(5). This paragraph
states when the bridge owner shall
contact the Coast Guard Captain of the
Port Miami in the event of an
operational failure or other emergencies
impacting drawbridge operations. The
commenter stated that if the periodic
maintenance lasted longer than 60
minutes a violation of paragraph (c)(2)
would occur. The performance of
periodic maintenance is authorized by
the Coast Guard in accordance with
subpart A of 33 CFR part 117. When
periodic maintenance is authorized, it is
considered a temporary change to the
drawbridge operating schedule,
therefore, a violation of paragraph (c)(2)
would not occur.
The third and fourth commenters
provided joint comments. Both
commenters support the proposed rule
with the exception of the addition of
‘‘periodic maintenance’’ and the
removal of ‘‘minor repairs’’. They
believe the term ‘‘periodic
maintenance’’ introduces new
ambiguity and the Coast Guard should
consider alternate language provided in
their comments. The commenters feel
this regulation has developed into a
unique regulatory regime and does not
allow for routine and necessary
operations of a railroad bridge,
including inspections and minor
repairs. The language in paragraph (c)(1)
is regulatory language used in other
railroad bridge operating schedules
throughout the United States, and
requires drawbridges be maintained in
the fully open position at all times,
except for rail traffic, inspections, and
maintenance. The Coast Guard
authorizes temporary deviations to
drawbridge operating schedules in
accordance with subpart A of 33 CFR
part 117. These authorizations include
but are not limited to periodic
maintenance, minor repairs, and events
not affecting the operation of the
drawbridge but may require it to remain
closed to navigation outside of its
published drawbridge operating
schedule. The Coast Guard feels the
language proposed in the SNPRM in
paragraph (c)(1) is the proper regulatory
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Rules and Regulations
language for this drawbridge operating
regulation. It follows other drawbridge
operating regulations for railroad
drawbridges throughout the United
States.
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.
jspears on DSK121TN23PROD with RULES1
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 ability that vessels can
continue to transit the bridge when
trains are not crossing, at designated
times throughout the day and vessels
that are capable of transiting under the
bridge, without an opening, to do so at
any time. 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.
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
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16:11 Oct 22, 2021
Jkt 256001
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.
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
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Frm 00038
Fmt 4700
Sfmt 4700
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
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:
■
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.
*
*
*
*
*
(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 periods when it is
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Federal Register / Vol. 86, No. 203 / Monday, October 25, 2021 / Rules and Regulations
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) Notwithstanding paragraph (c)(1)
of this section, 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:
TABLE 1 TO PARAGRAPH (c)(3)
jspears on DSK121TN23PROD with RULES1
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 section. This drawbridge log shall
be maintained by the drawbridge owner
and upon request, be provided to the
Coast Guard.
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(7) A website and mobile application
shall be maintained by the drawbridge
owner and publish:
(i) Drawbridge opening times required
by this paragraph (c);
(ii) Timely updates to schedules;
including but not limited to impacts due
to emergency circumstances, 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: October 15, 2021.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander,
Coast Guard Seventh District.
[FR Doc. 2021–23201 Filed 10–22–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0769]
RIN 1625–AA00
Safety Zone; San Diego Bay, San
Diego, CA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
the navigable waters in the vicinity of
the General Dynamics NASSCO
shipyard in San Diego Bay, San Diego,
CA, during the launch of the USNS
Harvey Milk. The safety zone is needed
to protect personnel, vessels, and the
marine environment from potential
hazards associated with the launching
and subsequent berthing of the USNS
Harvey Milk. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
the Port San Diego.
SUMMARY:
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Fmt 4700
Sfmt 4700
58801
This rule is effective from 9 a.m.
through 10:30 a.m., on November 6,
2021.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0769 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions on this rule, call or
email Lieutenant Commander John
Santorum, Waterways Management,
U.S. Coast Guard Sector San Diego, CA;
telephone 619–278–7656, email
MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable to publish an NPRM
because the Coast Guard must establish
this safety zone by November 6, 2021.
This urgent safety zone is required to
protect the maritime public and the
surrounding waterways from hazards
associated with the launching of the
USNS Harvey Milk. The Coast Guard
lacks sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be impracticable
because this rule is needed to protect
mariners, commercial and recreational
waterway users, and the USNS Harvey
Milk from dangers associated with the
E:\FR\FM\25OCR1.SGM
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Agencies
[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Rules and Regulations]
[Pages 58799-58801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23201]
[[Page 58799]]
-----------------------------------------------------------------------
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, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the operating schedule that
governs the Florida East Coast (FEC) Railroad Bridge across the New
River, mile 2.5, at Fort Lauderdale, Florida. This change will allow
the drawbridge to operate on a more predictable schedule. This action
should better serve the reasonable needs of both vessel and rail
traffic.
DATES: This rule is effective November 24, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2019-0955 in the ``SEARCH'' box and click ``SEARCH''. In the Document
Type column, select ``Supporting & Related Material''.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Jennifer Zercher, Bridge Management Specialist,
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
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Sec. Section
FL Florida
FRA Federal Rail Administration
FECR Florida East Coast Railway
FEC Florida East Coast
MIASF Marine Industries Association of South Florida
U.S.C. United States Code
II. Background Information and Regulatory History
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 a proposed operating schedule for the FEC New
River Railroad Bridge. During the comment period that ended March 30,
2020, we received seven comments and those comments were 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 were addressed in the SNPRM.
On June 29, 2021, the Coast Guard published a supplemental notice
of proposed rulemaking entitled ``Drawbridge Operation Regulation; New
River, Fort Lauderdale, FL'' in the Federal Register (86 FR 34172).
During the comment period that ended July 29, 2021, we received four
comments and those comments are 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 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. The operating schedule for the bridge set forth
in 33 CFR 117.313(c).
Traffic on the waterway includes both commercial and recreational
vessels. Brightline, with support from the bridge owner, Florida East
Coast Railway (FECR), requested a change to the drawbridge operating
schedule. Due to the increase in rail traffic, the current operating
schedule no longer balances the needs of vessel and rail traffic.
IV. Discussion of Comments, Changes and the Final Rule
Four comments were received. One commenter requested to know if the
rulemaking on the operation of the bridge is tied to the train schedule
for a fixed amount of crossings over the river. The rule does not
consider the train schedules. The bridge is required to be maintained
in the fully open-to-navigation position for vessels at all times,
except during periods when it is closed for the passage of rail
traffic, inspections and to perform periodic maintenance that has been
authorized by the Coast Guard.
The second commenter is in support of the proposed rule but had
recommendations regarding the technical language. The Coast Guard
considered the recommendation to change paragraph (c)(3)(ii) to read
``. . . on a quarterly basis or as otherwise required by this
paragraph.'' because the commenter felt it conflicted with paragraph
(c)(7). The Coast Guard feels there is no conflict and it is
unnecessary to add the additional language to paragraph (c)(3)(ii).
However, after reviewing paragraph (c)(7), we will change
``subsection'' to ``paragraph'' in paragraph (c)(7)(i). The second
recommendation was to include ``the performance of periodic
maintenance'' in paragraph (c)(5). This paragraph states when the
bridge owner shall contact the Coast Guard Captain of the Port Miami in
the event of an operational failure or other emergencies impacting
drawbridge operations. The commenter stated that if the periodic
maintenance lasted longer than 60 minutes a violation of paragraph
(c)(2) would occur. The performance of periodic maintenance is
authorized by the Coast Guard in accordance with subpart A of 33 CFR
part 117. When periodic maintenance is authorized, it is considered a
temporary change to the drawbridge operating schedule, therefore, a
violation of paragraph (c)(2) would not occur.
The third and fourth commenters provided joint comments. Both
commenters support the proposed rule with the exception of the addition
of ``periodic maintenance'' and the removal of ``minor repairs''. They
believe the term ``periodic maintenance'' introduces new ambiguity and
the Coast Guard should consider alternate language provided in their
comments. The commenters feel this regulation has developed into a
unique regulatory regime and does not allow for routine and necessary
operations of a railroad bridge, including inspections and minor
repairs. The language in paragraph (c)(1) is regulatory language used
in other railroad bridge operating schedules throughout the United
States, and requires drawbridges be maintained in the fully open
position at all times, except for rail traffic, inspections, and
maintenance. The Coast Guard authorizes temporary deviations to
drawbridge operating schedules in accordance with subpart A of 33 CFR
part 117. These authorizations include but are not limited to periodic
maintenance, minor repairs, and events not affecting the operation of
the drawbridge but may require it to remain closed to navigation
outside of its published drawbridge operating schedule. The Coast Guard
feels the language proposed in the SNPRM in paragraph (c)(1) is the
proper regulatory
[[Page 58800]]
language for this drawbridge operating regulation. It follows other
drawbridge operating regulations for railroad drawbridges throughout
the United States.
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 ability that
vessels can continue to transit the bridge when trains are not
crossing, at designated times throughout the day and vessels that are
capable of transiting under the bridge, without an opening, to do so at
any time. 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.
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 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.
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 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. 117.313 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 periods
when it is
[[Page 58801]]
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) Notwithstanding paragraph (c)(1) of this section, 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:
Table 1 to Paragraph (c)(3)
------------------------------------------------------------------------
-------------------------------------------------------------------------
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 section. 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 paragraph (c);
(ii) Timely updates to schedules; including but not limited to
impacts due to emergency circumstances, 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: October 15, 2021.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh
District.
[FR Doc. 2021-23201 Filed 10-22-21; 8:45 am]
BILLING CODE 9110-04-P