Drawbridge Operation Regulation; Three Mile Creek, AL
| Citation | 86 FR 29204 |
| Record Number | 2021-11396 |
| Published date | 01 June 2021 |
| Section | Rules and Regulations |
| Court | Coast Guard |
29204
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
emergency declared in this order, there need
be no prior notice of a listing or
determination made pursuant to section 1 of
this order.
Sec. 8. The Secretary of the Treasury, in
consultation with the Secretary of State, is
hereby authorized to take such actions,
including the promulgation of rules and
regulations, and to employ all powers
granted to the President by IEEPA as may be
necessary to carry out the purposes of this
order. The Secretary of the Treasury may,
consistent with applicable law, redelegate
any of these functions within the Department
of the Treasury. All departments and
agencies of the United States shall take all
appropriate measures within their authority
to carry out the provisions of this order.
Sec. 9. Nothing in this order is intended to
affect the continued effectiveness of any
action taken pursuant to Executive Order
13742 of October 7, 2016 (Termination of
Emergency With Respect to the Actions and
Policies of the Government of Burma).
Sec. 10. The Secretary of the Treasury, in
consultation with the Secretary of State, is
hereby authorized to submit recurring and
final reports to the Congress on the national
emergency declared in this order, consistent
with section 401(c) of the NEA (50 U.S.C.
1641(c)) and section 204(c) of IEEPA (50
U.S.C. 1703(c)).
Sec. 11. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) The authority granted by law to an
executive department or agency, or the head
thereof; or
(ii) the functions of the Director of the
Office of Management and Budget relating to
budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented
consistent with applicable law and subject to
the availability of appropriations.
(c) This order is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by
any party against the United States, its
departments, agencies, or entities, its officers,
employees, or agents, or any other person.
Joseph R. Biden Jr.,
The White House,
February 10, 2021.
Bradley T. Smith,
Acting Director, Office of Foreign Assets
Control.
Approved:
Andrea Gacki,
Director, Office of Foreign Assets Control,
Performing the Duties of Under Secretary for
Terrorism and Financial Intelligence,
Department of the Treasury.
[FR Doc. 2021–11483 Filed 5–28–21; 8:45 am]
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2021–0301]
Drawbridge Operation Regulation;
Three Mile Creek, AL
AGENCY
: Coast Guard, DHS.
ACTION
: Notice of temporary deviation
from regulations; request for comments.
SUMMARY
: The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the CSX Railroad
drawbridge across Three Mile Creek,
mile 0.0, Mobile, AL. This deviation is
needed to collect and analyze data and
information on vessel traffic when
bridge openings are scheduled during
specific periods during each day. This
deviation will test a change to the
drawbridge operation schedule to
determine whether a permanent change
to the schedule is needed. The Coast
Guard is seeking comments from the
public regarding these proposed
changes.
DATES
: This deviation is effective from
6 a.m. June 1, 2021 through 6 p.m.
August 2, 2021.
Comments and relate material must
reach the Coast Guard on or before July
1, 2021.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2021–0301 using Federal eRulemaking
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 test
deviation, call or email Mr. Doug
Blakemore, Eighth Coast Guard District
Bridge Administrator; telephone (504)
671–2128, email Douglas.A.Blakemore@
uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Background, Purpose and Legal Basis
The CSX Railroad drawbridge across
Three Mile Creek, mile 0.0 in Mobile,
AL operates under 33 CFR 117.500. In
the open to vessel position the
drawbridge has a horizontal clearance of
56 feet and unlimited vertical clearance.
In the closed to vessel position the
bridge has a vertical clearance of 10 feet.
This bridge has failed to open on
signal when CSX builds trains from
their rail yard in Mobile, AL that extend
onto the drawbridge. CSX has changed
their rail yard operating schedule to
open the bridge to vessel traffic each
day from 6:30 a.m.–7:30 a.m., 2:30 p.m.–
3:30 p.m. and 10:30-p.m.–11:30 p.m.
During these periods CSX will not
station trains on the bridge from their
yard. All vessels in the queue will be
passed through the bridge. CSX will
open the bridge on signal at all other
times if there are no trains on the bridge.
This change will allow vessel operators
to schedule their trips through this
bridge and to pass through at all other
times when there are no trains on the
bridge.
From 6 a.m. June 1, 2021 through 6
p.m. August 2, 2021 the draw of the
CSX railroad bridge across Three Mile
Creek mile 0.0 shall open daily from
6:30 a.m.–7:30 a.m., 2:30 p.m.–3:30
p.m., and 10:30 p.m.–11:30 p.m. At all
other times the draw shall open on
signal if there are no train cars stationed
on the bridge. During all openings the
draw shall not close until the queue of
all vessels seeking passage is cleared.
This 60 day test deviation will allow
the Coast Guard to collect data on the
impact of the proposed regulation
change on vessels.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
II. 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.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. 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.
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29205
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations
1
882 F.3d 1138 (D.C. Cir. 2018).
2
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’ Memorandum
from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni
Memo).
3
The ozone design value for a monitoring site is
the 3-year average of the annual fourth-highest daily
maximum 8-hour average ozone concentrations.
The design value for an ozone nonattainment area
is the highest design value of any monitoring site
in the area.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and 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).
Documents mentioned as being
available in this docket and all public
comments, will be in our online docket
at https://www.regulations.gov and can
be viewed by following that website’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified of any
posting or updates to the docket.
Dated: May 20, 2021.
Douglas A. Blakemore,
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2021–11396 Filed 5–28–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0553; FRL–10023–
65–Region 3]
Air Plan Approval; Pennsylvania; 1997
8-Hour Ozone National Ambient Air
Quality Standard Second Maintenance
Plan for the Erie Area
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Final rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The revision pertains to
the Commonwealth’s plan, submitted by
the Pennsylvania Department of
Environmental Protection (PADEP), for
maintaining the 1997 8-hour ozone
national ambient air quality standard
(NAAQS) (referred to as the ‘‘1997
ozone NAAQS’’) in the Erie,
Pennsylvania area (‘‘Erie Area’’). EPA is
approving these revisions to the
Pennsylvania SIP in accordance with
the requirements of the Clean Air Act
(CAA).
DATES
: This final rule is effective on July
1, 2021.
ADDRESSES
: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2020–0553. 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 through https://
www.regulations.gov, or please contact
the person identified in the
FOR FURTHER
INFORMATION CONTACT
section for
additional availability information.
FOR FURTHER INFORMATION CONTACT
:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2053. Ms. Nichols can also be
reached via electronic mail at
Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION
:
I. Background
On February 9, 2021 (86 FR 8722),
EPA published a notice of proposed
rulemaking (NPRM). In the NPRM, EPA
proposed approval of Pennsylvania’s
plan for maintaining the 1997 ozone
NAAQS in the Erie Area through
November 8, 2027, in accordance with
CAA section 175A. The formal SIP
revision was submitted by PADEP on
February 27, 2020.
II. Summary of SIP Revision and EPA
Analysis
On October 9, 2007 (72 FR 57207,
effective November 8, 2007), EPA
approved a redesignation request (and
maintenance plan) from PADEP for the
Erie Area. In accordance with CAA
section 175A(b), at the end of the eighth
year after the effective date of the
redesignation, the state must also
submit a second maintenance plan to
ensure ongoing maintenance of the
standard for an additional 10 years, and
in South Coast Air Quality Management
District v. EPA,
1
the D.C. Circuit held
that this requirement cannot be waived
for areas, like the Erie Area, that had
been redesignated to attainment for the
1997 8-hour ozone NAAQS prior to
revocation and that were designated
attainment for the 2008 ozone NAAQS.
CAA section 175A sets forth the criteria
for adequate maintenance plans. In
addition, EPA has published
longstanding guidance that provides
further insight on the content of an
approvable maintenance plan,
explaining that a maintenance plan
should address five elements: (1) An
attainment emissions inventory; (2) a
maintenance demonstration; (3) a
commitment for continued air quality
monitoring; (4) a process for verification
of continued attainment; and (5) a
contingency plan.
2
PADEP’s February
27, 2020 submittal fulfills
Pennsylvania’s obligation to submit a
second maintenance plan and addresses
each of the five necessary elements.
As discussed in the February 9, 2021
NPRM, EPA allows the submittal of a
limited maintenance plan (LMP) to meet
the statutory requirement that the area
will maintain for the statutory period.
Qualifying areas may meet the
maintenance demonstration by showing
that the area’s design value
3
is well
below the NAAQS and that the
historical stability of the area’s air
quality levels indicates that the area is
unlikely to violate the NAAQS in the
future. EPA evaluated PADEP’s
February 27, 2020 submittal for
consistency with all applicable EPA
guidance and CAA requirements. EPA
found that the submittal met CAA
section 175A and all CAA requirements,
and proposed approval of the LMP for
the Erie Area as a revision to the
Pennsylvania SIP. Other specific
requirements of PADEP’s February 27,
2020 submittal and the rationale for
EPA’s proposed action are explained in
the NPRM and will not be restated here.
III. EPA’s Response to Comments
Received
EPA received four comments on the
February 9, 2021 NPRM but only one
that was adverse and relevant to this
action. All comments are in the docket
for this rule action. A summary of the
relevant adverse comment and EPA’s
response is provided herein.
Comment: The commenter asserts that
the LMP should not be approved
because ‘‘Pennsylvania identifies no
actual contingency measures.’’
According to the commenter, a
‘‘contingency measure is supposed to be
a known measure that can be quickly
implemented by a state in order to
prevent the violation of the NAAQS.’’
The comment asserts that the plan’s
current contingency measures are
defective because they allegedly will not
be evaluated and determined until after
an exceedance of the NAAQS has
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