Drawbridge Operation Regulation; River Rouge, Detroit, MI, 68019-68021 [2020-22993]
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Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules
§ 1020.410 Records to be made and
retained by banks.
(a) Each agent, agency, branch, or
office located within the United States
of a bank is subject the requirements of
this paragraph (a) with respect to a
funds transfer in the amount of $3,000
or more. A bank also is subject to the
requirements of this paragraph (a) with
respect to a funds transfer in the amount
of $250 or more that begins or ends
outside the United States. For purposes
of this paragraph, a funds transfer will
be considered to begin or end outside
the United States if a bank knows or has
reason to know that the originator,
originator’s bank, beneficiary, or
beneficiary’s bank is located in, is
ordinarily resident in, or is organized
under the laws of a jurisdiction other
than the United States or a jurisdiction
within the United States. For funds
transfers subject to the requirements of
this paragraph (a), each agent, agency,
branch, or office located within the
United States of a bank is required to
retain either the original or a copy or
reproduction of each of the following:
*
*
*
*
*
In concurrence: By the Department of the
Treasury.
Michael G. Mosier,
Deputy Director, Financial Crimes
Enforcement Network.
By order of the Board of Governors of the
Federal Reserve System.
Ann Misback,
Secretary of the Board.
[FR Doc. 2020–23756 Filed 10–23–20; 11:15 am]
BILLING CODE 4810–02–P; 6210–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2020–0513]
RIN 1625–AA09
Drawbridge Operation Regulation;
River Rouge, Detroit, MI
Coast Guard, DHS
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
governs the National Steel Corporation
Railroad Bridge, mile 0.40, the Delray
Connecting Railroad Bridge, mile 0.34,
and the Delray Connecting Railroad
Bridge, mile 0.80. Delray Connecting
Railroad Company, the owner and
operator of these three bridges, has
requested to stop continual drawtender
jbell on DSKJLSW7X2PROD with PROPOSALS
SUMMARY:
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68019
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
bends through the area that is referred
to as the Old Channel before emptying
into the Detroit River. In 1888 the Zug
Island Improvement Company cut a
channel through the south section of
Zug Island locally called the Short Cut
Channel creating Zug Island and
allowing vessels to bypass the two
ninety-degree bends in the Old Channel.
This Short Cut Channel is the preferred
path for large vessels. Currently the
waterway is used by large commercial
freighters and several tug and barge
vessels. Recreational use of the
waterway is very limited. There are
twelve bridges across the River Rouge.
The National Steel Corporation
Railroad Bridge, mile 0.40, is a single
leaf bascule bridge, that provides an
unlimited clearance in the open
position and a vertical clearance of six
feet above LWD in the closed position.
The Delray Connecting Railroad Bridge,
mile 0.34, is a single leaf bascule bridge,
that provides an unlimited clearance in
the open position and a vertical
clearance of seven feet above LWD in
the closed position. The Delray
Connecting Railroad Bridge, mile 0.80,
is a swing bridge that provides an
unlimited clearance in the open
position and a vertical clearance of
seven feet above LWD in the closed
position. All three bridges are owned by
the Delray Connecting Railroad who is
requesting the change.
II. Background, Purpose and Legal
Basis
The Delray Connecting Railroad
requested to reduce drawtender staffing
at their three bridges at Zug Island. The
National Steel Corporation Railroad
Bridge, mile 0.40, the Delray Connecting
Railroad Bridge, mile 0.34, and the
Delray Connecting Railroad Bridge, mile
0.80, currently open on signal and are
required to be manned by a drawtender
at each bridge. The reason for the
request to stop continual drawtender
service is that the primary customer, a
steel mill on Zug Island, has been
placed into caretaker status,
significantly decreasing the rail traffic
across these bridges. The operation of
the bridges should however remain
transparent to the vessels navigating the
waterway.
The River Rouge is a commercial
waterway that serves several heavy
industries near the city of Detroit, MI.
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 Rouge River, where both
the swing and the bascule Delray
Bridges are located. Originally, the River
Rouge navigated two ninety-degree
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 call
will be made that the bridge will be
lowering for rail traffic five minutes
before lowering. Once the drawtender 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.
The Delray Connecting Railroad
Bridge, mile 0.34, has had limited
requests for openings and provides
service and to operate the two bridges
only while trains are crossing the
bridge, and one bridge upon signal if a
4-hour advance notice is received.
DATES: Comments and related material
must reach the Coast Guard on or before
December 28, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0513 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 Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
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Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules
access to Zug Island for vehicles and rail
traffic. The owner of the railroad states
the bridge has been operating with
advance notice illegally without
complaints for several years.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analysis based
on these statutes and Executive Orders
and we discuss First Amendment rights
of protestors.
jbell on DSKJLSW7X2PROD with PROPOSALS
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
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significant economic impact on it,
please submit a comment (see
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
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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://
E:\FR\FM\27OCP1.SGM
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Federal Register / Vol. 85, No. 208 / Tuesday, October 27, 2020 / Proposed Rules
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
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. Revise § 117.645 to read as follows:
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§ 117.645
River Rouge
(a) The Delray Connecting Railroad
Bridge, mile 0.34, need not have a
drawtender in continued attendance at
the bridge and shall open on signal if a
4-hour advance notice is provided.
(b) The Delray Connecting Railroad
Bridge, mile 0.80, over the Old Channel
need not have a drawtender in
continued attendance at the bridge. The
bridge will remain open 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 call
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
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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.
(c) The National Steel Corporation
Railroad Bridge, mile 0.40, need not
have a drawtender in continual
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 call
shall be made on VHF–FM Marine
Channel 16 that the bridge will be
lowering for rail traffic five minutes
before lowering. Once the drawtender 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.
(d) The draw of the Conrail Bridge,
mile 1.48, is remotely operated, is
required to operate a radiotelephone,
and shall open on signal.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2020–22993 Filed 10–26–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2016–0611; FRL–10015–
44–Region 6]
Air Plan Approval; Texas; Interstate
Visibility Transport
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to disapprove elements of
two State Implementation Plan (SIP)
submissions from the State of Texas for
the 2012 PM2.5 National Ambient Air
Quality Standard (NAAQS) and the
2015 Ozone NAAQS. These submittals
address how the existing SIP provides
for implementation, maintenance, and
SUMMARY:
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68021
enforcement of the 2012 PM2.5 and 2015
Ozone NAAQS (infrastructure SIP or iSIP). The i-SIP requirements are to
ensure that the Texas SIP is adequate to
meet the state’s responsibilities under
the CAA for these NAAQS. Specifically,
this proposed disapproval addresses the
interstate visibility transport
requirements of the i-SIP for the 2012
PM2.5 and 2015 Ozone NAAQS under
CAA section 110(a)(2)(D)(i)(II). In
addition to this proposed disapproval,
however, we are proposing to find that
the requirements of those i-SIP elements
are met through the Federal
Implementation Plans (FIPs) in place for
the Texas Regional Haze program, and
no further federal action is required.
DATES: Comments must be received on
or before November 27, 2020.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2016–0611, at https://
www.regulations.gov or via email to
huser.jennifer@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Jennifer Huser, 214–665–7347,
huser.jennifer@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov. While all
documents in the docket are listed in
the index, some information may not be
publicly available due to docket file size
restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT:
Jennifer Huser, EPA Region 6 Office,
Regional Haze and SO2 Section, 214–
665–7347, huser.jennifer@epa.gov. Out
of an abundance of caution for members
of the public and our staff, the EPA
Region 6 office will be closed to the
E:\FR\FM\27OCP1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Proposed Rules]
[Pages 68019-68021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22993]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0513]
RIN 1625-AA09
Drawbridge Operation Regulation; River Rouge, Detroit, MI
AGENCY: Coast Guard, DHS
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
governs the National Steel Corporation Railroad Bridge, mile 0.40, the
Delray Connecting Railroad Bridge, mile 0.34, and the Delray Connecting
Railroad Bridge, mile 0.80. Delray Connecting Railroad Company, the
owner and operator of these three bridges, has requested to stop
continual drawtender service and to operate the two bridges only while
trains are crossing the bridge, and one bridge upon signal if a 4-hour
advance notice is received.
DATES: Comments and related material must reach the Coast Guard on or
before December 28, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0513 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
The Delray Connecting Railroad requested to reduce drawtender
staffing at their three bridges at Zug Island. The National Steel
Corporation Railroad Bridge, mile 0.40, the Delray Connecting Railroad
Bridge, mile 0.34, and the Delray Connecting Railroad Bridge, mile
0.80, currently open on signal and are required to be manned by a
drawtender at each bridge. The reason for the request to stop continual
drawtender service is that the primary customer, a steel mill on Zug
Island, has been placed into caretaker status, significantly decreasing
the rail traffic across these bridges. The operation of the bridges
should however remain transparent to the vessels navigating the
waterway.
The River Rouge is a commercial waterway that serves several heavy
industries near the city of Detroit, MI. 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 Rouge River, where
both the swing and the bascule Delray Bridges are located. Originally,
the River Rouge navigated two ninety-degree bends through the area that
is referred to as the Old Channel before emptying into the Detroit
River. In 1888 the Zug Island Improvement Company cut a channel through
the south section of Zug Island locally called the Short Cut Channel
creating Zug Island and allowing vessels to bypass the two ninety-
degree bends in the Old Channel. This Short Cut Channel is the
preferred path for large vessels. Currently the waterway is used by
large commercial freighters and several tug and barge vessels.
Recreational use of the waterway is very limited. There are twelve
bridges across the River Rouge.
The National Steel Corporation Railroad Bridge, mile 0.40, is a
single leaf bascule bridge, that provides an unlimited clearance in the
open position and a vertical clearance of six feet above LWD in the
closed position. The Delray Connecting Railroad Bridge, mile 0.34, is a
single leaf bascule bridge, that provides an unlimited clearance in the
open position and a vertical clearance of seven feet above LWD in the
closed position. The Delray Connecting Railroad Bridge, mile 0.80, is a
swing bridge that provides an unlimited clearance in the open position
and a vertical clearance of seven feet above LWD in the closed
position. All three bridges are owned by the Delray Connecting Railroad
who is requesting the change.
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 call will be made that the
bridge will be lowering for rail traffic five minutes before lowering.
Once the drawtender 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.
The Delray Connecting Railroad Bridge, mile 0.34, has had limited
requests for openings and provides
[[Page 68020]]
access to Zug Island for vehicles and rail traffic. The owner of the
railroad states the bridge has been operating with advance notice
illegally without complaints for several years.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analysis 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
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://
[[Page 68021]]
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. Revise Sec. 117.645 to read as follows:
Sec. 117.645 River Rouge
(a) The Delray Connecting Railroad Bridge, mile 0.34, need not have
a drawtender in continued attendance at the bridge and shall open on
signal if a 4-hour advance notice is provided.
(b) The Delray Connecting Railroad Bridge, mile 0.80, over the Old
Channel need not have a drawtender in continued attendance at the
bridge. The bridge will remain open 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 call 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.
(c) The National Steel Corporation Railroad Bridge, mile 0.40, need
not have a drawtender in continual 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 call shall be made on VHF-FM
Marine Channel 16 that the bridge will be lowering for rail traffic
five minutes before lowering. Once the drawtender 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.
(d) The draw of the Conrail Bridge, mile 1.48, is remotely
operated, is required to operate a radiotelephone, and shall open on
signal.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-22993 Filed 10-26-20; 8:45 am]
BILLING CODE 9110-04-P
