Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations 39963 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Amend § 117.317 by revising 

paragraph (e) to read as follows: 

§ 117.317 Okeechobee Waterway. 

* * * * * 

(e) Seaboard System Railroad bridge, 

mile 28.2 at Indiantown. The draw of 

the CSX Railroad Bridge, mile 28.2 at 

Indiantown, FL, shall operate as 

follows: 

(1) The swing bridge is not tendered 

locally, but will be monitored and 

operated by a remote operator. 

(2) Marine radio communication shall 

be maintained, by the remote operator, 

with mariners near the bridge for the 

safety of navigation. Visual monitoring 

of the waterway shall be maintained 

with the use of cameras. Detection 

sensors shall be installed for the 

detection of vessels entering the radius 

of the swing span of the bridge while in 

operation. 

(3) From 7 a.m. to 7 p.m., the bridge 

will be maintained in the open to 

navigation position and will display 

green lights to indicate that the span is 

fully open. 

(4) When a train approaches, the 

remote operator shall monitor for 

vessels in the vicinity of the bridge. 

Provided the sensors do not detect a 

vessel entering the swing radius of the 

bridge, the operator shall initiate the 

closing sequence, which includes the 

sounding of a horn. The span will 

remain in the closed position for the 

entire time the track circuit is occupied 

displaying red lights. 

(5) After the train has cleared the 

track circuit, the span shall open and 

green lights will be displayed. 

(6) From 7 p.m. to 7 a.m., the bridge 

will be in the closed to navigation 

position and will open if at least a three 

hour advance notice is requested via 

marine radio channel 9 VHF or 

telephone (813) 677–3974. 

(7) The bridge shall not be operated 

from the remote location in the 

following events: Failure or obstruction 

of the detection sensors, remote 

actuation systems, cameras, or marine 

radio communications, or when 

directed by the Coast Guard. In these 

situations, a bridge operator must be onsite and locally operate the bridge. 

* * * * * 

Dated: July 7, 2021. 

Eric C. Jones, 

Rear Admiral, U.S. Coast Guard, Commander 

Seventh Coast Guard District. 

[FR Doc. 2021–15833 Filed 7–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2020–0056] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Fox 

River, Oshkosh, WI 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

the operating schedule that governs the 

Canadian National Railroad Bridge, mile 

55.72, across the Fox River to operate 

remotely. The request was made by the 

bridge owner. This rule re-establishes 

remote operations of the bridge and will 

not change the operating schedule of the 

bridge. 

DATES: This rule is effective August 25, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type USCG– 

2020–0056 in the ‘‘SEARCH’’ box and 

click ‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Lee D. Soule, Bridge 

Management Specialist, Ninth Coast 

Guard District; telephone 216–902– 

6085, email Lee.D.Soule@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

OMB Office of Management and Budget 

NPRM Notice of proposed rulemaking 

(Advance, Supplemental) 

§ Section 

TD Temporary deviation with request for 

comments 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

In 2010 we published a NPRM to 

solicit comments concerning allowing 

the Canadian National Railroad Bridge, 

mile 55.72 to operate remotely (75 FR 

76322, December 8, 2010; USCG–2010– 

1029). The public requested the bridge 

owner to install and maintain additional 

warning lights. The NPRM was 

withdrawn because the railroad refused 

to install and maintain the additional 

warning lights the public requested (76 

FR 13312, March 11, 2011). Recently, 

the Railroad has agreed that from April 

27 through October 7 additional 

warning lights, specifically those 

alternating flashing red lights that 

mimic a Grade Crossing Signal 

commonly found at highway railroad 

crossing would be installed and 

maintained to warn mariners that the 

bridge was about to close. The remote 

operator shall also announce that the 

bridge is opening or closing on VHF–FM 

Marine Radiotelephone. The owners of 

the bridge shall maintain 2 board gauges 

in accordance with 33 CFR 118.160. The 

remote drawtender may be contacted by 

mariners at any time by radiotelephone 

or commercial phone number; this 

information shall be so posted on the 

bridge so that they are plainly visible to 

vessel operators approaching the up or 

downstream side of the bridge. 

The current winter operating schedule 

requiring vessels to provide at least 12- 

hours advance notice for a bridge 

opening during the winter will remain 

in effect. Additionally, the clearance 

gauges would still be required to 

indicate to vessels the water levels and 

clearance while the bridge is in the 

closed position. During the comment 

period, a tender will be at the bridge to 

allow the public to observe the 

proposed bridge operations. We 


jbell on DSKJLSW7X2PROD with RULES
39964 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations 

published an after the fact TD in the 

Federal Register (85 FR 54496) on 

September 2, 2020, for a test schedule 

that ran from April 26, 2020, through 

September 2, 2020. Posting in the 

Federal Register was delayed due to 

COVID–19 but we supplemented the 

request with direct emails, Local Notice 

to Mariners, and internet based 

meetings platforms. No comments were 

received. 

We published a NPRM in the Federal 

Register (86 FR 18925) that was 

published on April 12, 2021, and 

requested comments until June 11, 

2021. We received one comment 

concerned with general safety at the 

bridge. The commenter predicted 

remotely operating the bridge would 

result in a higher risk of allision and 

collisions at the bridge along with 

increased delays for boaters. Most of the 

commenter’s concerns were addressed 

in the TD and NPRM and no reports of 

mishap or allision was received during 

the TD. The commenter stated long 

delays at the bridge for vessels; 

however, the Coast Guard has not 

received any reports of delay in 

approximately five years. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. This rule 

will allow the bridge to operate 

remotely and it will not change the 

operating schedule of the bridge. The 

bridge will open on signal, except when 

ice forms in the waterway and vessels 

can request an opening if a 12-hour 

advance notice is provided. 

IV. Discussion of Final Rule 

We carefully reviewed the comments 

and did not find good reason to alter the 

language as published in the NPRM. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protesters. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, it 

has not been reviewed by the Office of 

Management and Budget (OMB). 

This regulatory action determination 

is based on the ability that vessels can 

still transit the bridge given advanced 

notice in the winter and by signal all 

other times. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received no comments 

from the Small Business Administration 

on this rule. The Coast Guard certifies 

under 5 U.S.C. 605(b) that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

While some owners or operators of 

vessels intending to transit the bridge 

may be small entities, for the reasons 

stated in section V. A above, this rule 

will not have a significant economic 

impact on any vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

We did not receive any comments 

from Indian Tribal Governments. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 


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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations 39965 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Amend § 117.1087 by revising 

paragraph (c) to read as follows: 

§ 117.1087 Fox River. 

* * * * * 

(c) The draw of the Canadian National 

Railroad Bridge at mile 55.72 shall open 

on signal, except from October 8 

through April 26; the draw shall open 

if at least 12-hours advance notice is 

given. The bridge is authorized to be 

operated remotely. The owners of the 

bridge shall provide and keep in good 

legible condition two board gauges 

painted white with black figures to 

indicate the vertical clearance under the 

closed draw at all water levels. The 

gauges shall be so placed on the bridge 

that they are plainly visible to operators 

of vessels approaching the bridge either 

up or downstream. The bridge shall 

operate and maintain a VHF–FM Marine 

Radio. In addition to the required bridge 

lights, the owner’s shall install and 

maintain alternating red lights in a 

horizontal line that mimic grade 

crossing lights and bell to warn 

mariners that the bridge is lowering. 

* * * * * 

M.J. Johnston, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2021–15806 Filed 7–23–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Chapter III 

[Docket ID ED–2021–OSERS–0003] 

Final Priority and Requirements— 

Training of Interpreters for Individuals 

Who Are Deaf or Hard of Hearing and 

Individuals Who Are DeafBlind 

Program 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Final priority and requirements. 

SUMMARY: The Department of Education 

(Department) announces a priority and 

requirements for the Training of 

Interpreters for Individuals Who Are 

Deaf or Hard of Hearing and Individuals 

Who Are DeafBlind program, Assistance 

Listing Number 84.160D. The 

Department may use the priority and 

requirements for competitions in 

Federal fiscal year (FFY) 2021 and later 

years. We take this action to provide 

training to working interpreters in order 

to develop a new skill area or enhance 

an existing skill area. This notice relates 

to the approved information collection 

under OMB control number 1820–0018. 

DATES: This priority and requirements 

are effective August 25, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Rhinehart-Fernandez, U.S. 

Department of Education, 400 Maryland 

Avenue SW, Room 5094, Potomac 

Center Plaza, Washington, DC 20202– 

2800. Telephone: (202) 245–6103. 

Email: 160D@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION:

Purpose of Program: The Training of 

Interpreters for Individuals Who Are 

Deaf or Hard of Hearing and Individuals 

Who Are DeafBlind program is designed 

to establish interpreter training 

programs or to provide financial 

assistance for ongoing interpreter 

programs to train a sufficient number of 

qualified interpreters throughout the 

country in order to meet the 

communication needs of individuals 

who are deaf or hard of hearing and 

individuals who are DeafBlind by— 

(a) Training interpreters to effectively 

interpret and transliterate between 

spoken language and sign language and 

to transliterate between spoken language 

and oral or tactile modes of 

communication; 

(b) Ensuring the maintenance of the 

interpreting skills of qualified 

interpreters; and 

(c) Providing opportunities for 

interpreters to raise their skill level 

competence in order to meet the highest 

standards approved by certifying 

associations. 

Program Authority: 29 U.S.C. 709(c) 

and 772(a) and (f). 

Applicable Program Regulations: 34 

CFR part 396. 

We published a notice of proposed 

priority and requirements (NPP) for this 

competition in the Federal Register on 

March 2, 2021 (86 FR 12136). That 

document contained background 

information and our reasons for 

proposing the priority and 

requirements. 

Public Comment: In response to our 

invitation in the NPP, 71 parties 

submitted comments on the proposed 

priority and requirements. Most of the 

commenters expressed support for the 

specialty areas in the priority, which 

included increasing skills of novice 

interpreters, trilingual interpreting 

(including Spanish), advanced skills for 

working interpreters, as well as fieldinitiated projects such as interpreting in 

healthcare (including hard-to-serve 

populations), interpreting for 

individuals who are DeafBlind, and 

atypical language interpreting. 

Commenters expressed that the 

specialty areas are relevant, critical, and 

appropriately value remote learning, 

field work, mentorship, and coaching 

experiences. 

We group major issues according to 

subject and discuss substantive issues 

under the title of the priority or 

requirement to which they pertain. 

Generally, we do not address technical 

and other minor changes. In addition, 

we do not address general comments 

that raised concerns not related to the 

proposed priority or requirements. 

Analysis of the Comments and 

Changes: An analysis of the comments 

and of any changes in the priority and 

requirements since publication of the 

NPP follows. 

Interpreting in Specialty Areas 

Comment: One commenter referenced 

Specialty Area (1) (increasing skills for 

novice interpreters) and reiterated that, 

according to the National Interpreter 

Education Center (NIEC), challenges 

facing interpreter training and education 

programs are prevalent. The commenter 

asserted that interpreter education 

programs fail to produce enough 

American Sign Language (ASL) fluent 

graduates and further stated that there 

needs to be an emphasis on recruiting 

individuals from underrepresented 

groups for interpreter training programs. 

The commenter also stated that 

retention of novice interpreters from 


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