Drawbridge Operation Regulation; Ashtabula River, Ashtabula, OH, 29586-29591 [2023-08958]
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Federal Register / Vol. 88, No. 88 / Monday, May 8, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
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–2023–0185 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
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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:
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 § 117.853 to read as follows:
§ 117.853
Sandusky Bay.
The draw of the Norfolk Southern
Railroad Bridge, mile 3.5, is remotely
operated, and is required, in addition to
the other signals, to operate a
radiotelephone and telephone. It will
remain open, except for the passage of
trains, from April 1 through October 31.
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 of a vessel’s time of
intended passage through the draw 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. At all other times, the
bridge will open if provided at least a
12-hour advance notice.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2023–09049 Filed 5–5–23; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2023–0189]
RIN 1625–AA09
Drawbridge Operation Regulation;
Ashtabula River, Ashtabula, OH
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Fifth Street Bridge, mile
0.15, and the Norfolk Southern Railroad
Bridge, mile 1.5, both over the
Ashtabula River. The Coast Guard also
proposes signaling and signage changes
for the Norfolk Southern Railroad
Bridge, mile 1.5. The Coast Guard is
modifying these rules in response to
complaints received concerning the
operations of one or more bridges in this
waterway and a desire to improve
safety, remove barriers to interstate
commerce, improve communications,
and standardize winter operations
associated with these bridges. We invite
your comments on this proposed
rulemaking.
SUMMARY:
Comments and related material
must reach the Coast Guard on or before
July 7, 2023.
ADDRESSES: You may submit comments
identified by docket number USCG–
2023–0189 using Federal DecisionMaking Portal at https://
www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
DATES:
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
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Federal Register / Vol. 88, No. 88 / Monday, May 8, 2023 / Proposed Rules
II. Background, Purpose, and Legal
Basis
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The Ashtabula River flows into Lake
Erie at the City of Ashtabula, Ohio. The
Ashtabula River is 40 miles in length
but only the first 2 miles of the river is
navigable. Large commercial vessels,
passenger vessels, and recreational
vessels use the waterway. There are
three bridges crossing the Ashtabula
River. The Norfolk Southern Railroad,
mile 0.5, is a fixed overhead conveyor
with a horizontal clearance of over 50
feet and a vertical clearance of 100 feet
above LWD. The Fifth Street Bridge,
mile 1.4, is a single leaf bascule bridge
with a reported horizontal clearance of
50 feet and a vertical clearance of 11 feet
above LWD in the closed position and
an unlimited clearance in the open
position. The Norfolk Southern Railroad
Bridge, mile 1.5, is a single leaf bascule
bridge with a horizontal clearance of
112 feet and a vertical clearance of 11
feet above LWD in the closed position
and an unlimited clearance in the open
position. There is no alternative route
for vessels traveling the Ashtabula River
beyond mile 0.5 to prevent them from
passing under or through one or all
these bridges. Commercial vessels over
600 feet utilize moorings just outside of
the river’s mouth. Several of the vessels
in the Ashtabula River are small
passenger vessels and other small craft
over 21-feet.
The two bascule bridges across the
Ashtabula River are regulated by 33 CFR
117.847. The draw of the Fifth Street
Bridge, mile 1.4, is required to open on
signal for the passage of commercial and
emergency vessels and on the hour and
half for all other vessels. The Norfolk
Southern Railroad Bridge, mile 1.5, is
authorized to operate remotely, and is
required to open on signal from April 1
through November 30 from 7 a.m. to 11
p.m. and requires a 24-hour advance
notice outside of this time.
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III. Discussion of Proposed Rule
The Fifth Street Bridge, mile 1.4, does
not have winter hours identified in the
regulations. The Ashtabula County
Engineers submitted a written request
for winter hours every year from midDecember to the end of March; in past
years, a 12-hour advance notice for
openings has been awarded.
The Norfolk Southern Railroad
Bridge, mile 1.5, has winter hours
identified in the regulations; said hours
begin on the last day of November and
end on the first day in April, where a
24-hour advance notice is required.
The Coast Guard proposes to modify
the regulation for both bridges to
operate with a 12-hour advance notice
from October 10 to May 1 when ice and
other winter weather factors often
restrict vessels from operating in the
river and to provide clarity and
consistency to the mariners.
The Fifth Street Bridge, mile 1.4, has
operated without complaint for the last
four years and we do not see a reason
to change the signage; however, the
owner will need to add the winter hours
and contact information to the currant
signage in accordance with 33 CFR
117.55.
The Coast Guard proposes more
significant changes to the regulation as
it relates to the Norfolk Southern
Railroad Bridge, mile 1.5. The Coast
Guard proposes these changes in an
attempt to resolve issues related to
timely bridge openings and clear
signage. The Coast Guard receives
several informal complaints annually
from mariners related to the Norfolk
Southern Railroad Bridge, mile 1.5. One
series of complaints relates to concerns
that Norfolk Southern has unreasonably
hindered or delayed interstate
commerce by prioritizing land
transportation needs over the marine
transportation needs. Several vessels
have reported that they were delayed
over twelve hours, which placed an
additional burden on the mariners to
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obtain temporary dockage,
transportation, or hotel rooms because
the bridge would not open, preventing
them from returning to their dock.
Typically, the railroad states that the
remote drawtender forgot to reopen the
bridge after a train crossed or that it was
too windy to open the bridge for vessels.
Another concern related to the
Norfolk Southern Railroad Bridge, mile
1.5 is that mariners do not understand
how the bridge is supposed to operate.
The current signs do not inform the
mariners that the bridge is remotely
operated; the signs also fail to list the
sound signal to request a bridge
opening. The current sign instructs
mariners to call the bridge on VHF–FM
marine Channel 13, the ship-to-ship
navigation and collision prevention
channel and not channel 16 the
international hailing channel.
The Coast Guard and Norfolk
Southern have been able to resolve some
of the delay issues, but not all. The
crossing has continued to be
problematic, requiring the Coast Guard
to propose a change in the regulation to
ensure that marine traffic can use the
waterway in manner contemplated by
law and regulation.
Communications between the
mariners and the bridge owners have
been identified as the leading
contributing factor in almost every delay
of bridge operations and previous signs
at the Norfolk Southern Railroad Bridge,
mile 1.5, have voluntarily provided
phone numbers for the mariners to call,
but the numbers on the sign have often
been outdated or have gone unanswered
by the remote drawtender. 33 CFR
117.55 requires signage that summarizes
how the bridge shall operate under the
requirements of 33 CFR 117–part B and
this has proven challenging to the
railroad and mariners alike. The most
recent signs do not include all
communication methods available
between the railroad drawtender and
the vessel operators. As shown below:
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We propose to standardize this
signage for the remotely operated
railroad bridges and propose the
example below to be the signage used.
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The size, type, and spacing of characters
must conform to the standard alphabets
for highway signs and be visible to
vessels approaching the bridge from
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upriver or down river of the bridge and
be readable at a minimum distance of
500 feet.
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To improve communications the
District Commander is requiring the
Norfolk Southern Railroad Bridge, mile
1.5, in addition to monitoring the
signals listed in 33 CFR 117.15, to
operate and maintain a Radio Telephone
as required under 33 CFR 117.23 and
operate and maintain a telephone whose
number will be maintained on the
appropriate signs at the bridge.
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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
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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 and the
requirement for signage has been in
effect since April 24, 1984 (49 FR
17452) without any complaint to the
burden of cost to the bridge owner.
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
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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
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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.).
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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
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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–2023–0189 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
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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:
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 No. 01.3.
■
2. Revise § 117.847 to read as follows:
§ 117.847
Ashtabula River.
(a) The draw of the Fifth Street
Bridge, mile 1.4, over the Ashtabula
River will open on signal for the passage
of vessels on the hour and half hour,
except from October 10 through May 1
when no drawtender is required to be in
attendance and the bridge will open on
signal with a 12-hour advance notice
from vessels.
(b) The draw of the Norfolk Southern
Railroad Bridge, mile 1.5, over the
Ashtabula River will open on signal and
may be remotely operated. From
October 10 through May 1 the bridge
will open on signal with a 12-hour
advance notice from vessels.
(1) The bridge owner will maintain
and monitor a 2-way public address
system, VHF–FM Marine Radio, and
telephone.
(2) The bridge will display a sign
readable by vessels approaching the
bridge from upriver and down river and
readable for 500 feet that states:
(i) The name of the bridge;
(ii) The river mile;
(iii) That the bridge is remotely
operated;
(iv) That mariners may signal the
bridge to open by sounding one
prolonged blast followed by one short
blast of the horn, calling via VHF–FM
Marine Radio Channel 16, or by calling
the number posted by the owner; and.
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(v) Information notifying mariners
that from October 10 through May 1 the
bridge requires a 12-hour advance
notice for openings by calling the
number posted by the owner.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2023–08958 Filed 5–5–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0851; FRL–10929–
01–R4]
Air Plan Approval; Florida;
Amendments to Stationary Sources—
Emission Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
portion of a State Implementation Plan
(SIP) revision submitted by the State of
Florida through the Florida Department
of Environmental Protection
(Department or FL DEP) on April 1,
2022. The portion of the SIP revision
proposed for approval seeks to modify
a stationary source emission standard
applicable to certain fossil fuel steam
generators by making several changes to
provisions that regulate emissions of
sulfur dioxide (SO2), nitrogen oxides
(NOX), and visible emissions, and by
removing certain emission limits that
are either obsolete or otherwise
regulated by more stringent federally
enforceable conditions elsewhere. The
portion of the SIP revision also seeks to
modify requirements for major
stationary sources of volatile organic
compounds (VOC) and NOX by
removing unnecessary language and
certain emission limits that are obsolete.
EPA is proposing to approve these
changes pursuant to the Clean Air Act
(CAA or Act).
DATES: Comments must be received on
or before June 7, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2022–0851 at regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
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SUMMARY:
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or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
guidance on making effective
comments, please visit www.epa.gov/
dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Pearlene Williams-Miles, Multi-Air
Pollutant Coordination Section, Air
Planning and Implementation Branch,
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
GA 30303–8960. The telephone number
is (404) 562–9144. Ms. Williams-Miles
can also be reached via electronic mail
at WilliamsMiles.Pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve changes
submitted by Florida on April 1, 2022,1
seeking to revise Rule 62–296.405,
Florida Administrative Code (F.A.C.),
Fossil Fuel Steam Generators with More
Than 250 million Btu Per Hour Heat
Input and 62–296.570 F.A.C.,
Reasonably Available Control
Technology (RACT)—Requirements for
Major VOC- and NOX-Emitting
Facilities. Florida’s April 1, 2022, SIP
revision includes technical support
materials to demonstrate that the
changes and deletions to the rule will
not interfere with the attainment or
maintenance of any National Ambient
Air Quality Standards (NAAQS), or with
any other applicable requirement of the
CAA. EPA’s analysis of these changes in
Florida’s April 1, 2022, SIP revision
below provides EPA’s rationale for
proposing approval of the changes to
Rules 62–296.405 and 62–296.570.2
1 The April 1, 2022, submittal transmits several
changes to other Florida SIP-approved rules. These
changes are not addressed in this document and
will be considered by EPA in a separate rulemaking.
2 On March 30, 2023, Florida submitted a letter
to EPA withdrawing the changes to Rule 62–
296.405(1)(c)1.g. and 62–296.405 (1)(d)2., from
EPA’s consideration. For this reason, EPA is not
proposing to act on the changes to (1)(c)1.g. and
(1)(d)2. The letter may be found in the docket for
this proposed action.
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II. Analysis of Florida’s April 1, 2022,
SIP Revision
A. Rule 62–296.405
Florida’s April 1, 2022, SIP revision
contains changes to Florida’s SIPapproved rules under Chapter 62–296,
Stationary Source—Emission
Standards, and provides a noninterference demonstration to support
these changes. The non-interference
demonstration explains why the
proposed changes to the SIP would not
interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in CAA section 171), or any other
applicable requirement of the Act (i.e.,
how the proposed revision satisfies
CAA section 110(l)). This section of the
notice of proposed rulemaking will
address the portion of the SIP revision
that contains changes to Rule 62–
296.405, Fossil Fuel Steam Generators
with More Than 250-million Btu Per
Hour Heat Input.
Specifically, the April 1, 2022,
submission contains amendments to
provisions 62–296.405(1)(a); 62–
296.405(1)(c)1.; 62–296.405(1)(c)1.b.
through e.; 62–296.405(1)(c)1.h. through
i.; 62–296.405(1)(c)2.a., b., and d.; 62–
296.405(1)(c)3.; 62–296.405(1)(d)3..; 62–
296.405(1)(e); and 62–296.405(2). These
provisions regulate emissions of SO2,
NOX, and visible emissions from certain
fossil fuel-fired steam generators with
more than 250 million British Thermal
Units (MMBtu) per hour heat input. As
described below, the changes to these
provisions revise a visible emissions
limitation and clarify to whom the
results of visible emissions testing must
be submitted. The changes also remove
outdated language, including emission
limits for sources that have shut down
or have more stringent federally
enforceable limits, add specific citations
for EPA test methods, and make minor
wording edits. These changes do not
allow for any pollutant emission
increases because they only remove
certain SIP rules that are either obsolete
or less stringent than other applicable
regulations, and revise other rules in a
way that does not lessen stringency.
i. Analysis of Amendments to Visible
Emissions Provisions at Rule 62–
296.405(1)(a)
Subparagraph 296.405(1)(a) requires
subject sources to comply with a visible
emissions limit of 20 percent opacity.
However, the rule also allows sources
two options for exceeding 20 percent
opacity: one six-minute period per hour
during which opacity cannot exceed 27
percent, or one two-minute period per
hour during which opacity cannot
E:\FR\FM\08MYP1.SGM
08MYP1
]]>Agencies
[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Proposed Rules]
[Pages 29586-29591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08958]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0189]
RIN 1625-AA09
Drawbridge Operation Regulation; Ashtabula River, Ashtabula, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Fifth Street Bridge, mile 0.15, and the Norfolk Southern
Railroad Bridge, mile 1.5, both over the Ashtabula River. The Coast
Guard also proposes signaling and signage changes for the Norfolk
Southern Railroad Bridge, mile 1.5. The Coast Guard is modifying these
rules in response to complaints received concerning the operations of
one or more bridges in this waterway and a desire to improve safety,
remove barriers to interstate commerce, improve communications, and
standardize winter operations associated with these bridges. We invite
your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before July 7, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0189 using Federal Decision-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
[[Page 29587]]
II. Background, Purpose, and Legal Basis
The Ashtabula River flows into Lake Erie at the City of Ashtabula,
Ohio. The Ashtabula River is 40 miles in length but only the first 2
miles of the river is navigable. Large commercial vessels, passenger
vessels, and recreational vessels use the waterway. There are three
bridges crossing the Ashtabula River. The Norfolk Southern Railroad,
mile 0.5, is a fixed overhead conveyor with a horizontal clearance of
over 50 feet and a vertical clearance of 100 feet above LWD. The Fifth
Street Bridge, mile 1.4, is a single leaf bascule bridge with a
reported horizontal clearance of 50 feet and a vertical clearance of 11
feet above LWD in the closed position and an unlimited clearance in the
open position. The Norfolk Southern Railroad Bridge, mile 1.5, is a
single leaf bascule bridge with a horizontal clearance of 112 feet and
a vertical clearance of 11 feet above LWD in the closed position and an
unlimited clearance in the open position. There is no alternative route
for vessels traveling the Ashtabula River beyond mile 0.5 to prevent
them from passing under or through one or all these bridges. Commercial
vessels over 600 feet utilize moorings just outside of the river's
mouth. Several of the vessels in the Ashtabula River are small
passenger vessels and other small craft over 21-feet.
The two bascule bridges across the Ashtabula River are regulated by
33 CFR 117.847. The draw of the Fifth Street Bridge, mile 1.4, is
required to open on signal for the passage of commercial and emergency
vessels and on the hour and half for all other vessels. The Norfolk
Southern Railroad Bridge, mile 1.5, is authorized to operate remotely,
and is required to open on signal from April 1 through November 30 from
7 a.m. to 11 p.m. and requires a 24-hour advance notice outside of this
time.
III. Discussion of Proposed Rule
The Fifth Street Bridge, mile 1.4, does not have winter hours
identified in the regulations. The Ashtabula County Engineers submitted
a written request for winter hours every year from mid-December to the
end of March; in past years, a 12-hour advance notice for openings has
been awarded.
The Norfolk Southern Railroad Bridge, mile 1.5, has winter hours
identified in the regulations; said hours begin on the last day of
November and end on the first day in April, where a 24-hour advance
notice is required.
The Coast Guard proposes to modify the regulation for both bridges
to operate with a 12-hour advance notice from October 10 to May 1 when
ice and other winter weather factors often restrict vessels from
operating in the river and to provide clarity and consistency to the
mariners.
The Fifth Street Bridge, mile 1.4, has operated without complaint
for the last four years and we do not see a reason to change the
signage; however, the owner will need to add the winter hours and
contact information to the currant signage in accordance with 33 CFR
117.55.
The Coast Guard proposes more significant changes to the regulation
as it relates to the Norfolk Southern Railroad Bridge, mile 1.5. The
Coast Guard proposes these changes in an attempt to resolve issues
related to timely bridge openings and clear signage. The Coast Guard
receives several informal complaints annually from mariners related to
the Norfolk Southern Railroad Bridge, mile 1.5. One series of
complaints relates to concerns that Norfolk Southern has unreasonably
hindered or delayed interstate commerce by prioritizing land
transportation needs over the marine transportation needs. Several
vessels have reported that they were delayed over twelve hours, which
placed an additional burden on the mariners to obtain temporary
dockage, transportation, or hotel rooms because the bridge would not
open, preventing them from returning to their dock. Typically, the
railroad states that the remote drawtender forgot to reopen the bridge
after a train crossed or that it was too windy to open the bridge for
vessels.
Another concern related to the Norfolk Southern Railroad Bridge,
mile 1.5 is that mariners do not understand how the bridge is supposed
to operate. The current signs do not inform the mariners that the
bridge is remotely operated; the signs also fail to list the sound
signal to request a bridge opening. The current sign instructs mariners
to call the bridge on VHF-FM marine Channel 13, the ship-to-ship
navigation and collision prevention channel and not channel 16 the
international hailing channel.
The Coast Guard and Norfolk Southern have been able to resolve some
of the delay issues, but not all. The crossing has continued to be
problematic, requiring the Coast Guard to propose a change in the
regulation to ensure that marine traffic can use the waterway in manner
contemplated by law and regulation.
Communications between the mariners and the bridge owners have been
identified as the leading contributing factor in almost every delay of
bridge operations and previous signs at the Norfolk Southern Railroad
Bridge, mile 1.5, have voluntarily provided phone numbers for the
mariners to call, but the numbers on the sign have often been outdated
or have gone unanswered by the remote drawtender. 33 CFR 117.55
requires signage that summarizes how the bridge shall operate under the
requirements of 33 CFR 117-part B and this has proven challenging to
the railroad and mariners alike. The most recent signs do not include
all communication methods available between the railroad drawtender and
the vessel operators. As shown below:
[[Page 29588]]
[GRAPHIC] [TIFF OMITTED] TP08MY23.009
We propose to standardize this signage for the remotely operated
railroad bridges and propose the example below to be the signage used.
The size, type, and spacing of characters must conform to the standard
alphabets for highway signs and be visible to vessels approaching the
bridge from upriver or down river of the bridge and be readable at a
minimum distance of 500 feet.
[[Page 29589]]
[GRAPHIC] [TIFF OMITTED] TP08MY23.010
To improve communications the District Commander is requiring the
Norfolk Southern Railroad Bridge, mile 1.5, in addition to monitoring
the signals listed in 33 CFR 117.15, to operate and maintain a Radio
Telephone as required under 33 CFR 117.23 and operate and maintain a
telephone whose number will be maintained on the appropriate signs at
the bridge.
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 and the
requirement for signage has been in effect since April 24, 1984 (49 FR
17452) without any complaint to the burden of cost to the bridge owner.
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
[[Page 29590]]
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-2023-0189 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:
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 No. 01.3.
0
2. Revise Sec. 117.847 to read as follows:
Sec. 117.847 Ashtabula River.
(a) The draw of the Fifth Street Bridge, mile 1.4, over the
Ashtabula River will open on signal for the passage of vessels on the
hour and half hour, except from October 10 through May 1 when no
drawtender is required to be in attendance and the bridge will open on
signal with a 12-hour advance notice from vessels.
(b) The draw of the Norfolk Southern Railroad Bridge, mile 1.5,
over the Ashtabula River will open on signal and may be remotely
operated. From October 10 through May 1 the bridge will open on signal
with a 12-hour advance notice from vessels.
(1) The bridge owner will maintain and monitor a 2-way public
address system, VHF-FM Marine Radio, and telephone.
(2) The bridge will display a sign readable by vessels approaching
the bridge from upriver and down river and readable for 500 feet that
states:
(i) The name of the bridge;
(ii) The river mile;
(iii) That the bridge is remotely operated;
(iv) That mariners may signal the bridge to open by sounding one
prolonged blast followed by one short blast of the horn, calling via
VHF-FM Marine Radio Channel 16, or by calling the number posted by the
owner; and.
[[Page 29591]]
(v) Information notifying mariners that from October 10 through May
1 the bridge requires a 12-hour advance notice for openings by calling
the number posted by the owner.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-08958 Filed 5-5-23; 8:45 am]
BILLING CODE 9110-04-P
