Drawbridge Operation Regulation; Portage River, Port Clinton, OH, 29007-29010 [2023-09576]
Download as PDF
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
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.
lotter on DSK11XQN23PROD with PROPOSALS1
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA)(42 U.S.C. 4321–
4370f). The Coast Guard has determined
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table3–1 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
VerDate Sep<11>2014
17:36 May 04, 2023
Jkt 259001
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG- 2023–0183 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. 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.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
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 of
any posting or updates to the docket.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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:
29007
through March 31 when the bridge shall
open on signal if provided a 12-hour
advance notice.
(e) The draw of the Conrail Bridge,
mile 1.48, is remotely operated, is
required to operate a radiotelephone
and telephone, and shall open on signal
except from January 1 through March 31
when the bridge shall open on signal if
provided a 12-hour advance notice.
(f) The draw of the Norfolk Southern
Railroad Bridge, mile 1.87, is required to
operate a radiotelephone and telephone,
and shall open on signal except from
January 1 through March 31 when the
bridge shall open on signal if provided
a 12-hour advance notice.
(g) The draw of the Fort Street Bridge,
mile 2.20, is required to operate a
radiotelephone, and shall open on
signal except from January 1 through
March 31 when the bridge shall open on
signal if provided a 12-hour advance
notice.
(h) The draw of the Dix Avenue
Bridge, mile 2.73, is remotely operated,
is required to operate a radiotelephone,
and shall open on signal except from
January 1 through March 31 when the
bridge shall open on signal if provided
a 12-hour advance notice.
Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting
Commander, Ninth Coast Guard District.
[FR Doc. 2023–09575 Filed 5–4–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0186]
RIN 1625–AA09
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
Drawbridge Operation Regulation;
Portage River, Port Clinton, OH
1. The authority citation for part 117
continues to read as follows:
AGENCY:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3
SUMMARY:
■
2. Amend § 117.645 River Rouge by
revising paragraph (d) and adding
paragraphs (e) through (h) to read as
follows:
■
§ 117.645
River Rouge.
*
*
*
*
*
(d) The draw of the West Jefferson
Avenue Bridge, mile 1.10, is required to
operate a radiotelephone, and shall
open on signal except from January 1
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
modify the operating regulations of the
Monroe Street Highway Bridge, mile 0.4
and the Norfolk Southern Railroad
Bridge, mile 1.5, over the Portage River
at Port Clinton, Ohio. We invite your
comments on this proposed rulemaking.
DATES: Comments and relate material
must reach the Coast Guard on or before
July 5, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0186 using Federal Decision-
E:\FR\FM\05MYP1.SGM
05MYP1
29008
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
Sandusky Rivers, for the ease of
drawtenders and the mariners.
Making 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.
If
you have questions on this temporary
final 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.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD International Great Lakes Datum of
1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
lotter on DSK11XQN23PROD with PROPOSALS1
II. Background, Purpose and Legal
Basis
The Portage River is 41.5 miles long
and empties into Lake Erie at Port
Clinton, Ohio. The lower twelve miles
of the Portage River, between Oak
Harbor and the mouth at Port Clinton,
is an estuary and is over 3,000 feet wide
making it a prime location for
recreational boating, canoeing, and
kayaking.
Several inspected and uninspected
passenger vessels operate in the river,
sharing the waterway with
approximately 12,000 (state registered)
powered and unpowered recreational
vessels.
The river is crossed by two movable
bridges. The Monroe Street Highway
Bridge, mile 0.4, is a double leaf bascule
bridge that provides a horizontal
clearance of 75-feet and a vertical
clearance of 9-feet in the closed position
and an unlimited clearance in the open
position based on LWD. The Norfolk
Southern Railroad Bridge, mile 1.5, is a
single leaf bascule bridge with a
horizontal clearance of 109-feet and a
vertical clearance of 9-feet in the closed
position and an unlimited clearance in
the open position based on LWD and is
remotely operated by the Norfolk
Southern Railroad Bridge, mile 5.76,
over the Maumee River, Toledo, OH.
The current bridge regulation was
written in 1986 (49 FR 17452); it has
been amended four times. We intend to
revise the regulation to make it easy to
understand and to align this regulation
with the regulations of the Maumee and
VerDate Sep<11>2014
17:36 May 04, 2023
Jkt 259001
III. Discussion of Proposed Rule
Paragraph (a) of 33 CFR 117.851
speaks of emergency and public vessels
crossing at the bridge. This requirement
was included with the original
regulation before the requirements of 33
CFR 117.31 were promulgated and to
prevent any confusion with part a of 33
CFR 117. Accordingly, we propose
removing this language.
We propose to remove the board
gauge requirement in paragraph (b)
since the water fluctuations in the river
do not change rapidly and both bridges
over the river will be required to open
on signal. If a mariner is not certain of
the clearance under the bridge, they can
request a full opening. We look forward
to public comments on the actual need
and usefulness of the current board
gauges.
Monroe Street Highway Bridge, mile
0.4, currently the bridge opens on the
hour and half-hour in the summer; this
schedule was intended to preserve the
bridge until it could be replaced.
However, since the publication of the
original rule, the bridge has completed
an extensive rehabilitation, with both
leaves having been removed and new
leaves fabricated for the bridge. New
modern controls have been installed.
The bridge has annual daily crossings of
3,227 vehicles in 2022, compared to
1994, when the bridge had an annual
daily crossing of 5,800 vehicles. The
trend has been a 2% to 17% drop in
vehicles crossing this bridge year over
year. Hourly and half-hour opening are
tools used to extend the longevity of a
failing drawbridge and balance the
needs of vehicle crossings while still
meeting the reasonable needs of
navigation in the waterway. The Coast
Guard believes that the previous
justifications for hourly and half-hour
openings have diminished. Accordingly,
the Coast Guard is proposing removal of
the hourly and half-hour openings.
Rather, the Coast Guard is proposing
that the bridge open on signal (with
notice requirements during certain
winter months).
The Norfolk Southern Railroad
Bridge, mile 1.5, will continue to
operate remotely, maintain and operate
a radiotelephone, and open on signal. At
this time, we do not propose that the
bridge should remain in the open
position through the summer like the
nearby Norfolk Southern Railroad
Bridge, mile 5.76; however, we will
propose the bridge operate and maintain
a telephone the number, to be posted at
the bridge, so mariners may call and
request an opening.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
When the winds exceed 40 mph there
is a danger that lightweight railcars
could be blown off the Norfolk Southern
Railroad Bridge, mile 1.5. These half
floating railcars are a potential hazard to
motorists and marine traffic. During
wind events, the railroad routinely sets
upwind blocker, composed of heavy
railcars on the parallel track to block the
wind, which protects railcars from the
wind. However, the railroad must
coordinate with the local Coast Guard
Sector office before posting wind
blockers, as the wind blockers may
disrupt a bridge’s posted operating
schedule. Often, there is confusion on
how long the wind blocker can be
posted and when it needs to be moved
to allow vessels to pass through the
bridge. The Coast Guard is proposing
new language that will specify when a
wind blocker is appropriate and
stipulate how it will be used by the
railroad.
The winter hours noted in paragraph
2 of the current regulation is an
antiquated regulation from when the
U.S. Army Corps of Engineers regulated
bridges over navigable waters and
allowed a 24-hour advance notice. We
propose amending the winter hours to
require a 12-hour advance notice, in line
with current policies. Further, we
propose moving the dates from
December 1 to April 30 to November 1
to April 30. These dates will be in
harmony with the inspected and
uninspected passenger vessels
schedules and better meet the
reasonable needs of navigation for both
the Monroe Street Highway Bridge, mile
0.4, and the Norfolk Southern Railroad
Bridge, mile 1.5.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
orders.
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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advanced
notice.
E:\FR\FM\05MYP1.SGM
05MYP1
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
lotter on DSK11XQN23PROD with PROPOSALS1
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this proposed rule under that order and
have determined that it is consistent
VerDate Sep<11>2014
17:36 May 04, 2023
Jkt 259001
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has determined
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table 3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
29009
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2023–0186 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. 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.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. We review all
comments received, but we will only
post comments that address the topic of
the proposed rule. We may choose not
to post off-topic, inappropriate, or
duplicate comments that we receive.
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 of
any posting or updates to the docket.
We accept anonymous comments.
Comments we post to https://
www.regulations.gov will include any
personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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:
E:\FR\FM\05MYP1.SGM
05MYP1
29010
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Proposed Rules
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;
Department of Homeland Security Delegation
No. 00170.1, Revision 01.3.
2. Revise § 117.851 Portage River to
read as follows:
■
§ 117.851
Portage River.
(a) The draw of the Monroe Street
Highway Bridge, mile 0.4, will open on
signal, except from November 1 through
April 30 the draw will open on signal
if at least 12-hours’ notice is given.
(b) The draw of the Norfolk Southern
Railroad Bridge, mile 1.5, is remotely
operated, is required to operate a
radiotelephone and a telephone, and
will open on signal, except from
November 1 through April 30 the draw
will open on signal if at least 12-hours’
notice is given. If the winds are
predicted to be over 40 MPH, a wind
blocker is authorized, and the bridge
will open with a 2-hour advance notice
until the end of the wind event. The
drawtender will request the cognizant
USCG Sector to issue a broadcast notice
to mariners to alert vessels of the wind
blocker and the 2-hour advance notice
requirement.
Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting
Commander, Ninth Coast Guard District.
[FR Doc. 2023–09576 Filed 5–4–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2023–0225; FRL–10919–01–
OCSPP]
RIN 2070–ZA16
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to exempt
residues of the antimicrobial pesticide
ingredients Ortho-benzyl-parachlorophenol, Potassium 2-benzyl-4chlorophenate, and Sodium 2-benzyl-4chlorophenate from the requirement of
a tolerance when used on or applied to
food contact surfaces in public eating
places, dairy processing equipment, and
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
17:36 May 04, 2023
Comments must be received on
or before July 5, 2023.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2011–0423, by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments. Do not submit electronically
any information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/where-sendcomments-epa-dockets.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Anita Pease, Antimicrobials Division
(7510M), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; telephone number: (202)
566–0736; email address: pease.anita@
epa.gov.
DATES:
SUPPLEMENTARY INFORMATION:
I. General Information
O-Benzyl-P-Chlorophenol (OBPCP);
Exemption From the Requirement of a
Pesticide Tolerance
VerDate Sep<11>2014
food processing equipment and utensils.
This rulemaking is proposed on the
Agency’s own initiative under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), in order to implement the
tolerance actions EPA identified during
its review of these chemicals as part of
the Agency’s registration review
program under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA).
Jkt 259001
A. Does this action apply to me?
You may be potentially affected by
this action if you are a pesticide
manufacturer. The following list of
North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
• Pesticide manufacturing (NAICS
code 32532).
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
commenting-epa-dockets.
II. Background
A. What action is the Agency taking?
EPA is proposing to establish
exemptions from the requirement of a
tolerance for residues of the
antimicrobial pesticides Ortho-benzylpara-chlorophenol, Potassium 2-benzyl4-chlorophenate, and Sodium 2-benzyl4-chlorophenate on food-contact
surfaces in public eating places, dairyprocessing equipment, and foodprocessing equipment and utensils. EPA
is proposing these exemptions to cover
residues of Ortho-benzyl-parachlorophenol, Potassium 2-benzyl-4chlorophenate, and Sodium 2-benzyl-4chlorophenate that may be found in
food as a result of the use of these
antimicrobials on food-contact surfaces.
This tolerance exemption will
supersede the current exemption for
Ortho-benzyl-para-chlorophenol under
40 CFR 180.940(c), which is listed as
Phenol, 4-chloro-2-(phenylmethyl)-, an
alternative name for Ortho-benzyl-parachlorophenol. The current exemption
limits the end-use concentration of this
substance to 320 ppm in end-use
antimicrobial solutions. Upon
establishment of the new exemption,
EPA intends to remove the existing
exemption as it would be unnecessary
and redundant.
EPA is proposing these tolerance
actions to implement the tolerance
changes identified as necessary during
the registration review processes to
E:\FR\FM\05MYP1.SGM
05MYP1
Agencies
[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Proposed Rules]
[Pages 29007-29010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09576]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0186]
RIN 1625-AA09
Drawbridge Operation Regulation; Portage River, Port Clinton, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating regulations
of the Monroe Street Highway Bridge, mile 0.4 and the Norfolk Southern
Railroad Bridge, mile 1.5, over the Portage River at Port Clinton,
Ohio. We invite your comments on this proposed rulemaking.
DATES: Comments and relate material must reach the Coast Guard on or
before July 5, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0186 using Federal Decision-
[[Page 29008]]
Making 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
temporary final rule, call or email Mr. Lee D. Soule, Bridge Management
Specialist, Ninth Coast Guard District; telephone 216-902-6085, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Portage River is 41.5 miles long and empties into Lake Erie at
Port Clinton, Ohio. The lower twelve miles of the Portage River,
between Oak Harbor and the mouth at Port Clinton, is an estuary and is
over 3,000 feet wide making it a prime location for recreational
boating, canoeing, and kayaking.
Several inspected and uninspected passenger vessels operate in the
river, sharing the waterway with approximately 12,000 (state
registered) powered and unpowered recreational vessels.
The river is crossed by two movable bridges. The Monroe Street
Highway Bridge, mile 0.4, is a double leaf bascule bridge that provides
a horizontal clearance of 75-feet and a vertical clearance of 9-feet in
the closed position and an unlimited clearance in the open position
based on LWD. The Norfolk Southern Railroad Bridge, mile 1.5, is a
single leaf bascule bridge with a horizontal clearance of 109-feet and
a vertical clearance of 9-feet in the closed position and an unlimited
clearance in the open position based on LWD and is remotely operated by
the Norfolk Southern Railroad Bridge, mile 5.76, over the Maumee River,
Toledo, OH.
The current bridge regulation was written in 1986 (49 FR 17452); it
has been amended four times. We intend to revise the regulation to make
it easy to understand and to align this regulation with the regulations
of the Maumee and Sandusky Rivers, for the ease of drawtenders and the
mariners.
III. Discussion of Proposed Rule
Paragraph (a) of 33 CFR 117.851 speaks of emergency and public
vessels crossing at the bridge. This requirement was included with the
original regulation before the requirements of 33 CFR 117.31 were
promulgated and to prevent any confusion with part a of 33 CFR 117.
Accordingly, we propose removing this language.
We propose to remove the board gauge requirement in paragraph (b)
since the water fluctuations in the river do not change rapidly and
both bridges over the river will be required to open on signal. If a
mariner is not certain of the clearance under the bridge, they can
request a full opening. We look forward to public comments on the
actual need and usefulness of the current board gauges.
Monroe Street Highway Bridge, mile 0.4, currently the bridge opens
on the hour and half-hour in the summer; this schedule was intended to
preserve the bridge until it could be replaced. However, since the
publication of the original rule, the bridge has completed an extensive
rehabilitation, with both leaves having been removed and new leaves
fabricated for the bridge. New modern controls have been installed. The
bridge has annual daily crossings of 3,227 vehicles in 2022, compared
to 1994, when the bridge had an annual daily crossing of 5,800
vehicles. The trend has been a 2% to 17% drop in vehicles crossing this
bridge year over year. Hourly and half-hour opening are tools used to
extend the longevity of a failing drawbridge and balance the needs of
vehicle crossings while still meeting the reasonable needs of
navigation in the waterway. The Coast Guard believes that the previous
justifications for hourly and half-hour openings have diminished.
Accordingly, the Coast Guard is proposing removal of the hourly and
half-hour openings. Rather, the Coast Guard is proposing that the
bridge open on signal (with notice requirements during certain winter
months).
The Norfolk Southern Railroad Bridge, mile 1.5, will continue to
operate remotely, maintain and operate a radiotelephone, and open on
signal. At this time, we do not propose that the bridge should remain
in the open position through the summer like the nearby Norfolk
Southern Railroad Bridge, mile 5.76; however, we will propose the
bridge operate and maintain a telephone the number, to be posted at the
bridge, so mariners may call and request an opening.
When the winds exceed 40 mph there is a danger that lightweight
railcars could be blown off the Norfolk Southern Railroad Bridge, mile
1.5. These half floating railcars are a potential hazard to motorists
and marine traffic. During wind events, the railroad routinely sets
upwind blocker, composed of heavy railcars on the parallel track to
block the wind, which protects railcars from the wind. However, the
railroad must coordinate with the local Coast Guard Sector office
before posting wind blockers, as the wind blockers may disrupt a
bridge's posted operating schedule. Often, there is confusion on how
long the wind blocker can be posted and when it needs to be moved to
allow vessels to pass through the bridge. The Coast Guard is proposing
new language that will specify when a wind blocker is appropriate and
stipulate how it will be used by the railroad.
The winter hours noted in paragraph 2 of the current regulation is
an antiquated regulation from when the U.S. Army Corps of Engineers
regulated bridges over navigable waters and allowed a 24-hour advance
notice. We propose amending the winter hours to require a 12-hour
advance notice, in line with current policies. Further, we propose
moving the dates from December 1 to April 30 to November 1 to April 30.
These dates will be in harmony with the inspected and uninspected
passenger vessels schedules and better meet the reasonable needs of
navigation for both the Monroe Street Highway Bridge, mile 0.4, and the
Norfolk Southern Railroad Bridge, mile 1.5.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive orders.
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 NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.
[[Page 29009]]
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0186 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. 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.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. 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 of any posting or updates to the docket.
We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
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:
[[Page 29010]]
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; Department of Homeland
Security Delegation No. 00170.1, Revision 01.3.
0
2. Revise Sec. 117.851 Portage River to read as follows:
Sec. 117.851 Portage River.
(a) The draw of the Monroe Street Highway Bridge, mile 0.4, will
open on signal, except from November 1 through April 30 the draw will
open on signal if at least 12-hours' notice is given.
(b) The draw of the Norfolk Southern Railroad Bridge, mile 1.5, is
remotely operated, is required to operate a radiotelephone and a
telephone, and will open on signal, except from November 1 through
April 30 the draw will open on signal if at least 12-hours' notice is
given. If the winds are predicted to be over 40 MPH, a wind blocker is
authorized, and the bridge will open with a 2-hour advance notice until
the end of the wind event. The drawtender will request the cognizant
USCG Sector to issue a broadcast notice to mariners to alert vessels of
the wind blocker and the 2-hour advance notice requirement.
Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2023-09576 Filed 5-4-23; 8:45 am]
BILLING CODE 9110-04-P