8074 Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 

(b) If you owe less than $500 in 

quarterly reclamation fees for one or 

more mines, you may: 

(1) Forward payments by electronic 

transfer in accordance with the 

procedures specified in paragraph (a) of 

this section; or 

(2) Submit a check or money order 

payable to the Office of Surface Mining 

Reclamation and Enforcement in the 

same envelope with the OSM–1 Form to 

the address indicated in the Instructions 

for Completing the OSM–1 Form. 

[FR Doc. 2024–01971 Filed 2–5–24; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0222] 

Drawbridge Operation Regulation; 

Okeechobee Waterway, Stuart, FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of temporary deviation 

from regulations; request for comments. 

SUMMARY: The Coast Guard is modifying 

a temporary deviation from the 

operating schedule that governs the 

Florida East Coast (FEC) Railroad 

Bridge, across the Okeechobee 

Waterway (OWW), mile 7.41, at Stuart, 

Florida. This modification tests an 

alternate temporary deviation to 

determine if the updated mobile 

application and simplified drawbridge 

opening requirements are reliable and 

predictable and will meet the reasonable 

needs of navigation and competing 

modes of transportation given the 

increase in railway activity. The Coast 

Guard is seeking comments from the 

public regarding this deviation. 

DATES: This deviation is effective from 

12:01 a.m. on February 12, 2024, 

through 11:59 p.m. on August 9, 2024. 

Comments and related material must 

reach the Coast Guard on or before May 

6, 2024. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0222 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 

deviation, call or email Ms. Jennifer 

Zercher, Bridge Management Specialist, 

Seventh Coast Guard District; telephone 

571–607–5951, email 

Jennifer.N.Zercher@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Background, Purpose and Legal Basis 

The Florida East Coast (FEC) Railroad 

Bridge across the Okeechobee Waterway 

(OWW), mile 7.41, at Stuart, Florida, is 

a single-leaf bascule bridge with a sixfoot vertical clearance at mean high 

water in the closed position. The normal 

operating schedule for the bridge is 

found in 33 CFR 117.317(c). 

On August 11, 2023, the Coast Guard 

published a temporary deviation 

entitled ‘‘Drawbridge Operation 

Regulation; Okeechobee Waterway, 

Stuart, FL’’ in the Federal Register (88 

FR 54487). That temporary deviation, 

effective from 12:01 a.m. on August 15, 

2023, through 11:59 p.m. on December 

17, 2023, allowed the drawbridge to 

operate on a more predictable schedule 

due to the significant increase in 

railway activity. 

On November 7, 2023, the Coast 

Guard published a notice reopening the 

comment period until November 30, 

2023, because service was delayed on 

the passenger train (88 FR 76666). 

On December 7, 2023, the Coast 

Guard published a temporary deviation 

modification which extended the 

temporary deviation through 12:59 p.m. 

on February 11, 2024. This action was 

necessary to allow the Coast Guard 

sufficient time to review public 

comments, while providing continuity 

in the operation of the drawbridge to 

determine if the temporary deviation 

will meet the reasonable needs of 

competing modes of transportation or if 

an alternate temporary deviation may be 

needed (88 FR 85111). 

The Coast Guard has determined an 

alternate temporary deviation should be 

considered based on comments and 

feedback from marine industries and the 

bridge owner. Of the 216 comments 

received, 185 were unrelated to the 

temporary deviation and were not taken 

into consideration when developing this 

alternate temporary deviation. There 

were 16 comments received that stated 

the temporary deviation does not 

provide sufficient time for marine 

traffic, but no extenuating information 

was given to support that comment. The 

remaining comments stated the mobile 

application was not reliable as it was 

not accurately displaying the status of 

the drawbridge. Mariners were unable to 

plan for transits as the mobile 

application would show the drawbridge 

open to navigation, but the bridge was 

closed to navigation for the passage of 

rail traffic when mariners arrived at the 

bridge. It was discovered the mobile 

application was not updated with the 

full train schedule for both freight and 

passenger rail service. We are testing 

this alternate temporary deviation to 

determine if the updated mobile 

application and simplified drawbridge 

opening requirements are reliable and 

predictable and will meet the reasonable 

need of navigation. 

Under this temporary deviation 

modification from 12:01 a.m. on 

February 12, 2024, through 11:59 p.m. 

on August 9, 2024, the FEC Railroad 

Bridge will be maintained in the fully 

open-to-navigation position, except 

during periods when it is closed for the 

passage of train traffic, to conduct 

inspections, and to perform 

maintenance and repairs authorized by 

the Coast Guard. However, the bridge 

will not be closed for more than 50 

consecutive minutes in any given hour 

during daytime operations (6 a.m. to 8 

p.m.) and for more than 7 total hours 

during daytime operations (6 a.m. to 8 

p.m.). 

Notwithstanding the above paragraph, 

the drawbridge will open and remain 

open to navigation for a fixed 10-minute 

period at the top of each hour from 6 

a.m. to 8 p.m. 

From 8:01 p.m. until 5:59 a.m. daily, 

the drawbridge will remain in the fully 

open-to-navigation position, except 

during periods when it is closed for the 

passage of train traffic, to conduct 

inspections, and to perform 

maintenance and repairs authorized by 

the Coast Guard. The drawbridge will 

not be closed more than 60 consecutive 

minutes. 

If a train is in the track circuit at the 

start of a fixed opening period, the 

opening may be delayed up to, but not 

more than, five minutes. Once the train 

has cleared the circuit, the bridge must 

open immediately for navigation to 

begin the fixed opening period. 

The drawbridge will be tended from 

6 a.m. to 8 p.m., daily. The bridge 

tender will monitor VHF–FM channels 

9 and 16 and will provide estimated 

times of drawbridge openings and 

closures, or any operational information 

requested. Operational information will 

be provided 24 hours a day by 

telephone at (772) 403–1005. 

The drawbridge owner will maintain 

a mobile application. The drawbridge 

owner will publish drawbridge opening 

times, and the drawbridge owner will 

provide timely updates to schedules, 

including but not limited to, impacts 

due to emergency circumstances, 

inspections, maintenance, and repairs 

authorized by the Coast Guard. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 89, No. 25 / Tuesday, February 6, 2024 / Rules and Regulations 8075 

Signs will be posted and visible to 

marine traffic, displaying VHF radio 

contact information, application 

information, and the telephone number 

for the bridge tender. 

During the temporary deviation, a 

copy of the drawbridge logbook for the 

previous week will be provided to the 

Seventh Coast Guard District Bridge 

Manager by 4 p.m. each Monday. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedules immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulation is 

authorized pursuant to 33 CFR 117.35. 

II. Public Participation and Request for 

Comments 

We view public participation as 

essential to determining the needs of the 

public and will consider all comments 

and material received during the 

comment period. Your comment can 

help shape the outcome of future 

actions. If you submit a comment, 

please include the docket number for 

this test deviation, 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–2022–0222 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. 

View material in the docket. To view 

documents mentioned in this deviation 

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. 

Also, 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 review all comments received, but 

we will only post comments that 

address the topic of this deviation. We 

may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

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). 

Dated: January 31, 2024. 

Randall D. Overton, 

Director, Bridge Administration, Seventh 

Coast Guard District. 

[FR Doc. 2024–02389 Filed 2–5–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 16 

[EPA–HQ–OMS–2023–0020; FRL–10620–04– 

OMS] 

Privacy Act Regulations for EPA; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The EPA is correcting a final 

rule published in the Federal Register 

on November 8, 2023, that revised and 

updated EPA’s Privacy Act regulations 

to exempt the Office of Inspector 

General (OIG) Data Analytics Enterprise 

system of records from certain 

provisions of the Privacy Act. 

DATES: This correction is effective 

February 6, 2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OMS–2023–0020. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Porter, Director, Data Analytics 

Directorate, Office of Inspector General, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20004; telephone number: 202–309– 

6449; email address: oig.data_

analytics@epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

is correcting a final rule that was 

published in the Federal Register on 

November 8, 2023, that will be effective 

on February 6, 2024 (88 FR 76999). The 

final rule revised and updated EPA’s 

Privacy Act regulations to exempt the 

OIG Data Analytics Enterprise system of 

records from certain provisions of the 

Privacy Act. The final rule did not 

properly incorporate revisions to EPA’s 

Privacy Act regulations promulgated in 

a separate rulemaking on November 17, 

2023, that became effective on January 

16, 2024 (88 FR 80139). This action 

makes technical corrections and does 

not change any substantive action taken 

by the EPA in the November 8, 2023, 

final rule. 

Under the Administrative Procedure 

Act (APA), 5 U.S.C. 553(b)(B) and (d), 

notice and comment for this action is 

unnecessary because it merely makes 

ministerial corrections to the November 

8 final rule and does not impose any 

burdens on the regulated community. 

Do any of the statutory and Executive 

order review apply to this action? 

For a detailed discussion concerning 

the statutory and Executive order review 

refer to Unit III. of the November 8, 

2023, final rule. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

Correction 

■ In FR Doc. 2023–24233, beginning on 

page 76999 in the Federal Register of 

November 8, 2023, make the following 

corrections. On page 77003, beginning 

in the second column, amendatory 

instruction 3 for § 16.12 and the 

accompanying regulatory text are 

corrected to read as follows: 

■ 3. Amend § 16.12 by: 

■ a. Adding paragraph (a)(1)(viii); 

■ b. Revising the first sentence of 

paragraph (a)(4)(i) and paragraphs 

(a)(4)(iii), (a)(5) introductory text, and 

(b)(1)(ii); 

■ c. Adding paragraph (b)(1)(iii); and 

■ d. Revising paragraphs (b)(4)(i) and 

(ii) and (b)(5) introductory text. 

The additions and revisions read as 

follows: 

§ 16.12 Specific exemptions. 

(a) * * * 

(1) * * * 


ddrumheller on DSK120RN23PROD with RULES1