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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules You may submit comments identified by docket number USCG
20190955 using Federal e-Rulemaking 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.
ADDRESSES:

If you have questions on this supplemental proposed rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist, Seventh Coast Guard District, telephone 305415
6740, email Jennifer.N.Zercher@
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 NPRM Notice of proposed rulemaking SNPRM Supplemental notice of proposed rulemaking ANPRM Advance Notice of Proposed Rulemaking Pub. L. Public Law Section U.S.C. United States Code FL Florida FRA Federal Rail Administration FECR Florida East Coast Railway FEC Florida East Coast VTUSF Virgin Trains USA-Florida, LLC
MIASF Marine Industries Association of South Florida
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II. Background, Purpose and Legal Basis The Florida East Coast FEC Railroad Bridge across the New River, mile 2.5, at Fort Lauderdale, Florida is a singleleaf bascule railroad bridge with a fourfoot vertical clearance at mean high water in the closed position. Traffic on the waterway includes both commercial and recreational vessels. Brightline, formerly Virgin TrainsUSA Florida VTUSF, with support from the bridge owner, Florida East Coast Railway FECR, requested a change to the drawbridge operating schedule due to an increase in rail traffic in recent years.
The operating schedule for the bridge set forth in 33 CFR 117.313c no longer balances the needs of vessel and rail traffic.
On January 23, 2020, the Coast Guard published a Test Deviation, with a request for comments, entitled Drawbridge Operation Regulation; New River, Fort Lauderdale, FL in the Federal Register 85 FR 3852, to test the proposed operating schedule for the FEC New River Railroad Bridge. Seven comments were received and addressed in the NPRM.

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On July 13, 2020, the Coast Guard published a Notice of Proposed Rulemaking entitled Drawbridge Operation Regulation; New River, Fort Lauderdale, FL in the Federal Register 85 FR 41932. During the comment period that ended August 12, 2020, we received two comments and those comments are addressed in Section III of this SNPRM.
We are issuing this supplemental proposal as considerable time has passed since the NPRM was published and comments were considered after the comment period had closed that lead to minor changes to the proposed rule. An Ex Parte Memorandum summarizing the communication is available in the docket.
The Coast Guard is issuing this proposed rule under authority 33 U.S.C.
499.
III. Discussion of Comments and Change Two comments were received. One comment received was a re-submission by Brightline, formerly VTUSF, which was addressed in the NPRM.
The second comment addressed concerns with the abbreviated vessel traffic study, interpretation of and language used in the proposed regulation. The commenter felt the inclusion of the abbreviated vessel traffic study might not have represented an accurate impact on the waterway as train service was disrupted by the coronavirus pandemic. The Coast Guard evaluated the survey provided. A
decision was made to consider the data as train service was not reduced until March 18, 2020, the last day of the study.
The commenters interpretation of the requirement to publish the 10-minute opening periods is correct. The requirement to publish the 10-minute opening periods applies to fixed 10minute periods and the additional 10minute periods from Noon to 2:59 p.m.
In regards to the commenters interpretation of paragraph 5, actions taken by the Coast Guard, the Coast Guard will follow notification procedures to the maritime community as outlined by Coast Guard policy.
Additionally, the Coast Guard will clarify who is to maintain the drawbridge log, mobile application and website in paragraphs 6 and 7 by adding the phrase by the drawbridge owner to the regulation.
The commenter requested to add language in paragraph 7ii, that would require notification of emergency circumstances be included on the website and mobile application. The following language was added . . .

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schedules, including but not limited to impacts due to emergency circumstances, minor repairs and inspections . . .
The commenters interpretation of the paragraph 8iii is accurate. The drawbridge must open after the passage of rail traffic. However, the bridge may remain closed to navigation if periodic maintenance or inspections will be conducted in accordance with paragraph 1.
Lastly, the Coast Guard received a request from Marine Industries Association of South Florida MIASF to review and potentially define the term minor repairs as written in the propose rule after the comment period had closed. The Coast Guard evaluated the term minor repairs as it relates to drawbridge operating regulations and Federal Rail Administration FRA
regulations. The Coast Guard does not define nor quantify minor repairs when authorizing federal drawbridge operation regulations; whereas FRA
outlines what constitutes major repairs in 49 CFR 232.303. The Coast Guard made the decision to remove minor repairs from the proposed rule and include the following . . . and to perform periodic maintenance authorized in accordance with subpart A of this part.
IV. Discussion of Proposed Rule The proposed rule will allow the drawbridge to operate on a more predictable schedule. Under this proposed regulation, the draw of the FEC Railroad Bridge would provide a pre-determined 10-minute opening between 5:00 a.m. and 11:59 p.m. An additional 10-minute opening would be provided at various times throughout the day. A mobile application and website shall be maintained depicting the operational status of the drawbridge.
This SNPRM proposes to remove minor repairs from the proposed regulatory text. This action allows for consistency with regulatory language frequently used in other regulations in 33 CFR part 117 subpart B. There are no other proposed changes to the operating schedule. The regulatory text we are proposing appears at the end of the document.
This proposed change would still allow vessels that are capable of transiting under the bridge, without an opening, to do so at any time while taking into account the reasonable needs of other modes of transportation.
Vessels in distress and public vessels of the United States must be allowed to pass at any time or as soon as the train has cleared the bridge.

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