Drawbridge Operation Regulation; Indiana Harbor Canal, East Chicago, IN, 47328-47330 [2020-15887]
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47328
Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2020–0235]
RIN 1625–AA09
Drawbridge Operation Regulation;
Indiana Harbor Canal, East Chicago, IN
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the Elgin, Joliet, and Eastern
Railroad Bridge, mile 0.68, and the
Elgin, Joliet, and Eastern Railroad
Bridge, mile 1.89, both over the Indiana
Harbor Canal near the town of East
Chicago, IN. Canadian National, the
owner and operator of these bridges has
requested to stop continual drawtender
service to both bridges and operate the
bridges only while trains are crossing
the bridge.
DATES: Comments and related material
must reach the Coast Guard on or before
October 5, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0235 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.
SUMMARY:
If
you have questions on this proposed
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:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
jbell on DSKJLSW7X2PROD with PROPOSALS
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of
1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
All drawbridges over the Indiana
Harbor Canal are required to open on
signal and there are no previous
rulemakings to discuss. The Elgin,
Joliet, and Eastern Railroad Bridge, mile
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0.68, and the Elgin, Joliet, and Eastern
Railroad Bridge, mile 1.89, both over the
Indiana Harbor Canal, currently open on
signal and are manned by a drawtender
at each bridge. The rail traffic at both
bridges has decreased to approximately
three trains a week and the bridge
owner has requested to discontinue
continuous drawtender service. The
operation of the bridges should remain
transparent to the vessels navigating the
waterway.
The Indiana Harbor Canal is a
commercial waterway that serves
several industries near the city of East
Chicago, IN. The U.S. Army Corps of
Engineers in cooperation with the U.S.
Environmental Protection Agency are
currently improving the width and
depth of the waterway to allow larger
vessels to use the waterway. Currently
the waterway is used by commercial tug
and barge traffic; however, larger
international oil tankers and bulk
transfer vessels have shown interest in
establishing docks above the
Indianapolis Boulevard Bridge, mile
2.59. We have no reports of recreational
vessel traffic in this waterway.
The Elgin, Joliet, and Eastern Railroad
Bridge, mile 0.68, Indiana Harbor Canal
is a single leaf bascule bridge that
provides a vertical clearance of 7 feet
above LWD in the closed position and
the Elgin, Joliet, and Eastern Railroad
Bridge, mile 1.89, over the Indiana
Harbor Canal is a single leaf bascule
bridge that provides a vertical clearance
of 5 feet above LWD in the closed
position. Both bridges provide an
unlimited clearance in the open
position.
III. Discussion of Proposed Rule
The proposed rule will establish the
procedures to move the bridge to allow
rail traffic to cross the bridge while
giving notice to the vessels transiting
the waterway that the bridge will be
lowering. Ten minutes before the bridge
is lowered for train traffic a
crewmember from the train will initiate
a SECURITE call on VHF–FM Marine
Channel 16 that the bridge will be
lowering for train traffic and invite any
concerned mariners to contact the
drawtender on VHF–FM Marine
Channel 12. The drawtender will also
visually monitor for vessel traffic and
listen for the standard bridge opening
signal of one prolonged blast and one
short blast from vessels already
transiting the waterway. After the ten
minute, warning one last SECURITE
will be made that the bridge will be
lowering for rail traffic five minutes
before lowering. Once the draw tender
is satisfied that it is safe the bridge will
be lowered for rail traffic. Once the rail
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Fmt 4702
Sfmt 4702
traffic has cleared the bridge, the bridge
will be raised and locked in the fully
open to navigation position.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB) and
pursuant to OMB guidance; it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the ability that vessels can
still transit the bridge and the only
change is the drawtender will only be in
attendance to lower the bridge to allow
rail traffic to cross and to raise the
bridge after rail traffic has cleared the
bridge.
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 certifies under 5 U.S.C.
605(b) that this proposed rule would 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 IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
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05AUP1
Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Proposed Rules
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed 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. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
jbell on DSKJLSW7X2PROD with PROPOSALS
D. Federalism and Indian Tribal
Governments
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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175, (Consultation and
Coordination with Indian Tribal
Governments) because it would 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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
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16:07 Aug 04, 2020
Jkt 250001
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed 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 proposed
rule promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed 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.
V. 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
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
47329
CONTACT section of this document for
alternate instructions.
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 Correspondence
System of Records notice (84 FR 48645,
September 26, 2018).
Documents mentioned in this NPRM
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
when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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;
DHS Delegation No. 0170.1.
2. Add § 117.400 to part 117 to read
as follows:
■
§ 117.400
Indiana Harbor Canal.
(a) Elgin, Joliet, and Eastern Railroad
Bridge, 0.68, over the Indiana Harbor
Canal need not have a drawtender in
continued attendance at the bridge. Ten
minutes before the bridge is lowered for
train traffic a crewmember from the
train will initiate a SECURITE call on
VHF–FM Marine Channel 16 that the
bridge will be lowering for train traffic
and invite any concerned mariners to
contact the drawtender on VHF–FM
Marine Channel 12. The drawtender
will also visually monitor for vessel
traffic and listen for the standard bridge
opening signal of one prolonged blast
and one short blast from vessels already
transiting the waterway. After the ten
minute warning, another SECURITE
shall be made on VHF–FM Marine
Channel 16 that the bridge will be
lowering for rail traffic, five minutes
before lowering. Once the draw tender
is satisfied that it is safe, the bridge will
be lowered for rail traffic. Once the rail
traffic has cleared the bridge, the bridge
shall be raised and locked in the fully
open to navigation position.
(b) Elgin, Joliet, and Eastern Railroad
Bridge, mile 1.89, over the Indiana
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47330
Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Proposed Rules
Harbor Canal need not have a
drawtender in continued attendance at
the bridge. Ten minutes before the
bridge is lowered for train traffic a
crewmember from the train will initiate
a SECURITE call on VHF–FM Marine
Channel 16 that the bridge will be
lowering for train traffic and invite any
concerned mariners to contact the
drawtender on VHF–FM Marine
Channel 12. The drawtender will also
visually monitor for vessel traffic and
listen for the standard bridge opening
signal of one prolonged blast and one
short blast from vessels already
transiting the waterway. After the ten
minute warning, another SECURITE
shall be made on VHF–FM Marine
Channel 16 that the bridge will be
lowering for rail traffic, five minutes
before lowering. Once the draw tender
is satisfied that it is safe, the bridge will
be lowered for rail traffic. Once the rail
traffic has cleared the bridge, the bridge
shall be raised and locked in the fully
open to navigation position.
Dated: July 17, 2020.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2020–15887 Filed 8–4–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2020–0053; FRL–10012–32]
Receipt of a Pesticide Petition Filed for
Residues of Pesticide Chemicals in or
on Various Commodities (June 2020)
Environmental Protection
Agency (EPA).
ACTION: Filing of petition and request for
comment.
AGENCY:
This document announces the
Agency’s receipt of an initial filing of a
pesticide petition requesting the
establishment or modification of
regulations for residues of pesticide
chemicals in or on various commodities.
DATES: Comments must be received on
or before September 4, 2020.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:07 Aug 04, 2020
Jkt 250001
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW, Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Please note that due to the public
health emergency the EPA Docket
Center (EPA/DC) and Reading Room
was closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
via email, phone, and webform. For
further information on EPA/DC services,
docket contact information and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), main telephone number: (703)
305–7090, email address:
RDFRNotices@epa.gov; or Robert
McNally, Biopesticides and Pollution
Prevention Division (7511P), main
telephone number: (703) 305–7090,
email address: BPPDFRNotices@
epa.gov. The mailing address for each
contact person is: Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001. As part of
the mailing address, include the contact
person’s name, division, and mail code.
The division to contact is listed at the
end of each pesticide petition summary.
SUPPLEMENTARY INFORMATION:
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When preparing and submitting your
comments, see the commenting tips at
https://www.epa.gov/dockets/
comments.html.
3. Environmental justice. EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low-income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. To help
address potential environmental justice
issues, the Agency seeks information on
any groups or segments of the
population who, as a result of their
location, cultural practices, or other
factors, may have atypical or
disproportionately high and adverse
human health impacts or environmental
effects from exposure to the pesticides
discussed in this document, compared
to the general population.
I. General Information
II. What action is the Agency taking?
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
EPA is announcing receipt of a
pesticide petition filed under section
408 of the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C. 346a,
requesting the establishment or
modification of regulations in 40 CFR
[part 174 and/or part 180] for residues
of pesticide chemicals in or on various
food commodities. The Agency is taking
public comment on the request before
responding to the petitioner. EPA is not
proposing any particular action at this
time. EPA has determined that the
pesticide petition described in this
document contains data or information
prescribed in FFDCA section 408(d)(2),
21 U.S.C. 346a(d)(2); however, EPA has
not fully evaluated the sufficiency of the
submitted data at this time or whether
the data supports granting of the
pesticide petition. After considering the
public comments, EPA intends to
evaluate whether and what action may
be warranted. Additional data may be
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
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Agencies
[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Proposed Rules]
[Pages 47328-47330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15887]
[[Page 47328]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0235]
RIN 1625-AA09
Drawbridge Operation Regulation; Indiana Harbor Canal, East
Chicago, IN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the Elgin, Joliet, and Eastern Railroad Bridge, mile 0.68, and
the Elgin, Joliet, and Eastern Railroad Bridge, mile 1.89, both over
the Indiana Harbor Canal near the town of East Chicago, IN. Canadian
National, the owner and operator of these bridges has requested to stop
continual drawtender service to both bridges and operate the bridges
only while trains are crossing the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before October 5, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0235 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email: Mr. Lee D. Soule, Bridge Management Specialist,
Ninth Coast Guard District; telephone 216-902-6085, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
All drawbridges over the Indiana Harbor Canal are required to open
on signal and there are no previous rulemakings to discuss. The Elgin,
Joliet, and Eastern Railroad Bridge, mile 0.68, and the Elgin, Joliet,
and Eastern Railroad Bridge, mile 1.89, both over the Indiana Harbor
Canal, currently open on signal and are manned by a drawtender at each
bridge. The rail traffic at both bridges has decreased to approximately
three trains a week and the bridge owner has requested to discontinue
continuous drawtender service. The operation of the bridges should
remain transparent to the vessels navigating the waterway.
The Indiana Harbor Canal is a commercial waterway that serves
several industries near the city of East Chicago, IN. The U.S. Army
Corps of Engineers in cooperation with the U.S. Environmental
Protection Agency are currently improving the width and depth of the
waterway to allow larger vessels to use the waterway. Currently the
waterway is used by commercial tug and barge traffic; however, larger
international oil tankers and bulk transfer vessels have shown interest
in establishing docks above the Indianapolis Boulevard Bridge, mile
2.59. We have no reports of recreational vessel traffic in this
waterway.
The Elgin, Joliet, and Eastern Railroad Bridge, mile 0.68, Indiana
Harbor Canal is a single leaf bascule bridge that provides a vertical
clearance of 7 feet above LWD in the closed position and the Elgin,
Joliet, and Eastern Railroad Bridge, mile 1.89, over the Indiana Harbor
Canal is a single leaf bascule bridge that provides a vertical
clearance of 5 feet above LWD in the closed position. Both bridges
provide an unlimited clearance in the open position.
III. Discussion of Proposed Rule
The proposed rule will establish the procedures to move the bridge
to allow rail traffic to cross the bridge while giving notice to the
vessels transiting the waterway that the bridge will be lowering. Ten
minutes before the bridge is lowered for train traffic a crewmember
from the train will initiate a SECURITE call on VHF-FM Marine Channel
16 that the bridge will be lowering for train traffic and invite any
concerned mariners to contact the drawtender on VHF-FM Marine Channel
12. The drawtender will also visually monitor for vessel traffic and
listen for the standard bridge opening signal of one prolonged blast
and one short blast from vessels already transiting the waterway. After
the ten minute, warning one last SECURITE will be made that the bridge
will be lowering for rail traffic five minutes before lowering. Once
the draw tender is satisfied that it is safe the bridge will be lowered
for rail traffic. Once the rail traffic has cleared the bridge, the
bridge will be raised and locked in the fully open to navigation
position.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance; it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the ability that
vessels can still transit the bridge and the only change is the
drawtender will only be in attendance to lower the bridge to allow rail
traffic to cross and to raise the bridge after rail traffic has cleared
the bridge.
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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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 IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
[[Page 47329]]
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175, (Consultation and Coordination with Indian
Tribal Governments) because it would 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.
If you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed 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 proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. 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.
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 Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
Documents mentioned in this NPRM 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 when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1.
0
2. Add Sec. 117.400 to part 117 to read as follows:
Sec. 117.400 Indiana Harbor Canal.
(a) Elgin, Joliet, and Eastern Railroad Bridge, 0.68, over the
Indiana Harbor Canal need not have a drawtender in continued attendance
at the bridge. Ten minutes before the bridge is lowered for train
traffic a crewmember from the train will initiate a SECURITE call on
VHF-FM Marine Channel 16 that the bridge will be lowering for train
traffic and invite any concerned mariners to contact the drawtender on
VHF-FM Marine Channel 12. The drawtender will also visually monitor for
vessel traffic and listen for the standard bridge opening signal of one
prolonged blast and one short blast from vessels already transiting the
waterway. After the ten minute warning, another SECURITE shall be made
on VHF-FM Marine Channel 16 that the bridge will be lowering for rail
traffic, five minutes before lowering. Once the draw tender is
satisfied that it is safe, the bridge will be lowered for rail traffic.
Once the rail traffic has cleared the bridge, the bridge shall be
raised and locked in the fully open to navigation position.
(b) Elgin, Joliet, and Eastern Railroad Bridge, mile 1.89, over the
Indiana
[[Page 47330]]
Harbor Canal need not have a drawtender in continued attendance at the
bridge. Ten minutes before the bridge is lowered for train traffic a
crewmember from the train will initiate a SECURITE call on VHF-FM
Marine Channel 16 that the bridge will be lowering for train traffic
and invite any concerned mariners to contact the drawtender on VHF-FM
Marine Channel 12. The drawtender will also visually monitor for vessel
traffic and listen for the standard bridge opening signal of one
prolonged blast and one short blast from vessels already transiting the
waterway. After the ten minute warning, another SECURITE shall be made
on VHF-FM Marine Channel 16 that the bridge will be lowering for rail
traffic, five minutes before lowering. Once the draw tender is
satisfied that it is safe, the bridge will be lowered for rail traffic.
Once the rail traffic has cleared the bridge, the bridge shall be
raised and locked in the fully open to navigation position.
Dated: July 17, 2020.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-15887 Filed 8-4-20; 8:45 am]
BILLING CODE 9110-04-P