Drawbridge Operation Regulation; Indiana Harbor Canal, East Chicago, IN, 18445-18447 [2021-07436]
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Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Rules and Regulations
This final rule is effective April
9, 2021.
FOR FURTHER INFORMATION CONTACT:
Jenna Giandoni, jgiandoni@usaid.gov,
202–921–5093.
SUPPLEMENTARY INFORMATION:
DATES:
Background
On October 9, 2019 (84 FR 55235),
President Trump issued Executive
Order (E.O.) 13891, Promoting the Rule
of Law Through Improved Agency
Guidance Documents. Section 4 of that
E.O. required each Department or
Agency to put in place processes and
procedures for issuing guidance
documents as defined by the E.O.,
including a self-imposed version of a
notice-and-comment process for a range
of policies that are not otherwise
required to go through notice-andcomment rulemaking under the
Administrative Procedure Act, 5 U.S.C.
553, et seq. (e.g., policies related to
agency management, among others,
which are expressly exempted). USAID
implemented this directive by amending
22 CFR part 212 to add subparts N and
O.
On January 20, 2021 (86 FR 7049),
President Biden signed the E.O. 13992,
Revocation of Certain Executive Orders
Concerning Federal Regulation, which
among other things, revokes E.O. 13891,
Promoting the Rule of Law Through
Improved Agency Guidance Documents,
signed on October 9, 2010, by President
Trump. To comply with the new E.O.,
USAID rescinds the final rule titled
‘‘Procedures for the Review and
Clearance of USAID’s Guidance
Documents’’ by removing subparts N
and O of 22 CFR part 212, which USAID
added in the final rule dated January 5,
2021 (86 FR 250), pursuant to directives
in the now-repealed E.O. 13891.
Notice and Comment Not Required
This rule relates to internal Agency
management. Therefore, pursuant to
Section 553(a)(2) of Title 5 of the United
States Code (U.S.C.), notice of proposed
rulemaking and opportunity to
comment are not required. The original
rule was also done without notice and
comment under this rationale.
Regulatory Flexibility Act
Because notice-and-comment
rulemaking is not necessary for this
rule, the provisions of the Regulatory
Flexibility Act, Section 604 of Title 5 of
the U.S.C. do not apply.
Paperwork Reduction Act
22:03 Apr 08, 2021
Administrative practice and
procedure, Freedom of information.
In consideration of the foregoing, and
under the authority of E.O. 13992, the
U.S. Agency for International
Development (USAID) amends 22 CFR
part 212 as follows:
PART 212—PUBLIC INFORMATION
1. The authority citation for part 212
continues to read as follows:
■
Authority: Pub. L. 114–185, 130 Stat. 538.
Subpart N [Removed]
2. Subpart N, consisting of § 212.25, is
removed.
■
Subpart O [Removed]
3. Subpart O, consisting of §§ 212.26
through 212.40, is removed.
■
Ruth Buckley,
Acting Performance Improvement Officer/
Acting Office Director, Bureau for
Management Office of Management Policy,
Budget and Operational Performance.
[FR Doc. 2021–07314 Filed 4–8–21; 8:45 am]
BILLING CODE P
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, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is modifying
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: This rule is effective May 10,
2021.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
ADDRESSES:
This final rule imposes no new
reporting or recordkeeping requirements
that necessitate clearance by OMB.
VerDate Sep<11>2014
List of Subjects in 22 CFR Part 212
Jkt 253001
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
18445
2020–0235 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email: Mr. Lee D. Soule, Bridge
Management Specialist, Ninth Coast
Guard District; telephone 216–902–
6085, email Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
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 Information and
Regulatory History
On August 5, 2020, we published in
the Federal Register (85 FR 47328) a
notice of proposed rulemaking. There
we stated why we issued the NPRM,
and invited comments on our proposed
regulatory action. During the 60-day
comment period, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
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.
IV. Discussion of Final Rule
This rule will establish the
procedures to move the bridges 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
crewmember on VHF–FM Marine
Channel 12. The crewmember 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
E:\FR\FM\09APR1.SGM
09APR1
18446
Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Rules and Regulations
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.
We did not receive any comments and
do not intend to change anything from
the published NPRM.
V. Regulatory Analyses
The Coast Guard has developed this
rule after considering numerous statutes
and Executive orders related to
rulemaking. Below we summarize our
analyses based on a number of these
statutes and Executive orders, and we
discuss First Amendment rights of
protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly, it
has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge because the bridge
will only be lowered for train traffic.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section V.A above, this rule
will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
VerDate Sep<11>2014
22:03 Apr 08, 2021
Jkt 253001
we want to assist small entities in
understanding this 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble. We
published an NPRM in the Federal
Register (85 FR 47328) with a 60-day
comment period and did not receive any
comments.
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 rule
promulgates the operating regulations or
procedures for drawbridges and is
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
■
2. Add § 117.400 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
E:\FR\FM\09APR1.SGM
09APR1
Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Rules and Regulations
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 crewmember on VHF–FM
Marine Channel 12. The crewmember
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
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
crewmember on VHF–FM Marine
Channel 12. The crewmember 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 crewmember
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.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–07436 Filed 4–8–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0307]
RIN 1625–AA00
Safety Zone; Christiansted Harbor, St.
Croix, USVI
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is
establishing a permanent safety zone for
certain waters of the Christiansted
Harbor, St. Croix, United States Virgin
Islands when liquefied gas carriers are
in transit to, moored, or are departing
from the Virgin Island Water and Power
Authority (WAPA) dock. This action is
necessary to provide for the safety of life
on these navigable waters near the
WAPA dock. This rule prohibits persons
and vessels from being in the safety
zone unless authorized by the Captain
of the Port San Juan or a designated
representative. This action is necessary
to better meet the safety and security
needs of the Port of San Juan.
DATES: This rule is effective May 10,
2021.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0307 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email LT Randy Johnston, Sector San
Juan Prevention Department, Waterways
Management Division, U.S. Coast
Guard; telephone 787–729–2380, email
ssjwwm@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LG Liquefied Gas
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
USVI United States Virgin Islands
II. Background Information and
Regulatory History
On May 28, 2020, Small Boat Station
San Juan recommended Sector San Juan
establish a permanent safety zone in
VerDate Sep<11>2014
22:03 Apr 08, 2021
Jkt 253001
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
18447
Christiansted Harbor, St. Croix, United
States Virgin Islands (USVI), where they
routinely perform escorts of liquefied
gas (LG) carriers. In response, on
November 2, 2020, the Coast Guard
published a notice of proposed
rulemaking (NPRM) titled ‘‘Safety
Zones; Christiansted Harbor, St. Croix,
USVI’’ (85 FR 69301). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to the safety zone. During
the comment period that ended
December 2, 2020, we received no
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Juan (COTP) has
determined that potential hazards
associated with the transit and cargo
operation of LG carriers would be a
safety concern for anyone within a onehalf mile of LG carriers during transit
and within a 50-yard radius while LG
carriers are moored at the Virgin Island
Water and Power Authority (WAPA)
dock. The purpose of this rulemaking is
to ensure the safety of vessels and the
navigable waters during the escort and
cargo operation of LG carriers.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
November 2, 2020. There are no changes
in the regulatory text of this rule from
the proposed rule in the NPRM.
This rule establishes a permanent
moving safety zone in Christiansted
Harbor, St. Croix, USVI, where Coast
Guard assets routinely perform escorts
of LG carriers. This rule establishes a
moving safety zone of one-half mile
around any transiting LG carrier,
beginning at Christiansted Harbor
Lighted Buoy #1 and ending when the
LG Carrier moors at the WAPA dock.
Once moored there will be a 50-yard
radius safety zone around the LG
carrier. Additionally, a moving safety
zone is established on the waters around
LG carriers departing Christiansted
Harbor in an area one-half mile around
each vessel beginning at the Virgin
Island Water and Power Authority
(WAPA) dock when the vessel gets
underway, and continuing until the
stern passes the Christiansted Harbor
Lighted Buoy #1. No vessel or person is
permitted to enter the safety zones
without obtaining permission from the
COTP or a designated representative.
E:\FR\FM\09APR1.SGM
09APR1
]]>Agencies
[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Rules and Regulations]
[Pages 18445-18447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07436]
=======================================================================
-----------------------------------------------------------------------
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, Department of Homeland Security (DHS).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying 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: This rule is effective May 10, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0235 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email: Mr. Lee D. Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone 216-902-6085, email
[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 Information and Regulatory History
On August 5, 2020, we published in the Federal Register (85 FR
47328) a notice of proposed rulemaking. There we stated why we issued
the NPRM, and invited comments on our proposed regulatory action.
During the 60-day comment period, we received no comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
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.
IV. Discussion of Final Rule
This rule will establish the procedures to move the bridges 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 crewmember on VHF-FM Marine Channel
12. The crewmember 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
[[Page 18446]]
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.
We did not receive any comments and do not intend to change
anything from the published NPRM.
V. Regulatory Analyses
The Coast Guard has developed this rule after considering numerous
statutes and Executive orders related to rulemaking. Below we summarize
our analyses based on a number of these statutes and Executive orders,
and we discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge because the bridge will only be
lowered for train traffic.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. We published an NPRM in the Federal Register (85 FR
47328) with a 60-day comment period and did not receive any comments.
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 rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Chapter 3, Table3-1 of the
U.S. Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Add Sec. 117.400 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
[[Page 18447]]
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 crewmember on VHF-FM Marine Channel
12. The crewmember 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 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 crewmember on
VHF-FM Marine Channel 12. The crewmember 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 crewmember 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.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07436 Filed 4-8-21; 8:45 am]
BILLING CODE 9110-04-P
