Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations 39961 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

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 involves a 

special local regulation lasting only 4 

hours that will prohibit entry from mile 

648 to 650 on the Tennessee River. It is 

categorically excluded from further 

review under paragraph L[61] and 

L[63a] of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T08–0547 to read as 

follows: 

§ 100.T08–0547 Tennessee River MM 648 

to MM 650, Knoxville, TN. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All waters of the Tennessee River from 

MM 648 to 650. 

(b) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Ohio Valley (COTP) 

or their designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by phone at 502–779– 

5422. Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners. 

(c) Enforcement period. This section 

will be enforced on Auguest 1, 2021, 

from 7 a.m. to 11 a.m. 

Dated: July 14, 2021. 

A.M. Beach, 

Captian, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–15805 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–2021–0099] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Okeechobee Waterway, Indiantown, FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Final rule. 

SUMMARY: The Coast Guard is changing 

the operating schedule that governs the 

Seaboard System Railroad Bridge, across 

the Okeechobee Waterway, mile 28.2, at 

Indiantown, FL. This change will allow 

the swing bridge to be remotely 

operated, change the start and end times 

for advance notification for an opening 

during the overnight hours and update 

the name 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– 

2021–0099 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. Omar Beceiro, U.S. Coast 

Guard Sector Miami Waterways 

Management Division, telephone 305– 

535–4317, email Omar.Beceiro@

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 

U.S.C. United States Code 

FL Florida 

II. Background Information and 

Regulatory History 

On March 5, 2021, the Coast Guard 

published a Test Deviation, with a 

request for comments, entitled 

‘‘Drawbridge Operation Regulation; 

Okeechobee Waterway, Indiantown, 

FL,’’ in the Federal Register (86 FR 

12821), to test this operating schedule 

for the Seaboard System Railroad 

Bridge. Zero comments were received 

during the test period. 

On April 12, 2021, the Coast Guard 

published a notice of proposed 

rulemaking entitled ‘‘Drawbridge 

Operation Regulation; Okeechobee 

Waterway, Indiantown, FL,’’ in the 

Federal Register (86 FR 18929). There 

we stated why we issued the NPRM, 

and invited comments on our proposed 

regulatory action related to this 

regulatory change. During the comment 

period that ended June 11, 2021, we 

received one comment which is 

addressed in Section IV of this final 

rule. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. The 

Seaboard System Railroad Bridge across 

the Okeechobee Waterway, mile 28.2, at 

Indiantown, FL, is a swing bridge with 

a seven-foot vertical clearance at mean 

high water in the closed position. 

Navigation on the waterway is 

commercial and recreational. The 

operating schedule for the bridge is set 

forth in 33 CFR 117.317(e). 

The rule allows the swing bridge to be 

remotely monitored and operated. The 


jbell on DSKJLSW7X2PROD with RULES
39962 Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations 

swing bridge will remain in the open to 

navigation position during daylight 

hours and close only for the passage of 

rail traffic. The start of the three hour 

advance notice for an opening will 

begin earlier each evening and end one 

hour later each morning. The time 

changes for the three hour advance 

notice will align with the operating 

schedule of the U.S. Army Corps of 

Engineers (USACE) Locks along this 

portion of the Okeechobee Waterway. 

The changes allow for the swing bridge 

to operate more efficiently while taking 

into account the reasonable needs of 

navigation. Additionally, the name of 

the swing bridge would be updated to 

reflect the current bridge owner. 

This change allows vessels that are 

capable of transiting under the bridge, 

without an opening, to do so at any time 

and vessels are able to transit the bridge 

when advanced notice is given. Vessels 

in distress and public vessels of the 

United States must be allowed to pass 

at any time. 

IV. Discussion of Comments, Changes, 

and the Final Rule 

The one comment received did not 

object to the rule change but provided 

suggestions in addition to the proposed 

rule change. The commenter felt the 

bridge should remain open until 6 p.m. 

before shifting to the three hour 

advanced notice for an opening. The 

rule allows the bridge to shift to the 

three hour advanced notice at 7 p.m. 

until 7 a.m. daily. The commenter 

would like signage to be placed at 

unspecified locations along the 

waterway approximately one mile 

before the bridge. Per the commenter, 

this would greatly reduce congestion in 

the narrow channel at the bridge when 

in the closed position. Contact 

information for the bridge is found in 33 

CFR 117.317(e) and posted on the bridge 

per Federal drawbridge regulations. 

Additional posting requirements, not in 

accordance Federal drawbridge 

regulations, are outside the Coast 

Guard’s authority. The Coast Guard 

provided the bridge owner, CSX 

Transportation, with this 

recommendation from the commenter 

for consideration. 

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 fact that vessels can still 

transit the bridge given advanced notice 

and vessels that can transit under the 

bridge without an opening may do so at 

anytime. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard received zero 

comments from the Small Business 

Administration on this rule. The Coast 

Guard certifies under 5 U.S.C. 605(b) 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the bridge 

may be small entities, for the reasons 

stated in section V.A above, this rule 

will not have a significant economic 

impact on any vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this rule. If the rule may 

affect your small business, organization, 

or governmental jurisdiction or you 

have questions concerning its 

provisions or options for compliance, 

please contact the person listed in the 

FOR FURTHER INFORMATION CONTACT

section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

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

3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

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

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

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

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 


jbell on DSKJLSW7X2PROD with RULES
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