Drawbridge Operation Regulation; Fox River, Oshkosh, WI, 18925-18927 [2021-07437]
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Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Proposed Rules
hearing, procedures for interested
parties to notify the agency of their
intention to participate, and procedures
for participants to submit their
testimony and documentary evidence
will be announced in the Federal
Register.
khammond on DSKJM1Z7X2PROD with PROPOSALS
ADDRESSES:
Written comments: You may submit
comments and attachments, identified
by Docket No. OSHA–2019–0001,
electronically at https://
www.regulations.gov, which is the
Federal e-Rulemaking Portal. Follow the
instructions online for making
electronic submissions. After accessing
‘‘all documents and comments’’ in the
docket (Docket No. OSHA–2019–0001),
check the ‘‘proposed rule’’ box in the
column headed ‘‘Document Type,’’ find
the document posted on the date of
publication of this document, and click
the ‘‘Comment Now’’ link. When
uploading multiple attachments to
www.regulations.gov, please number all
of your attachments because
www.regulations.gov will not
automatically number the attachments.
This will be very useful in identifying
all attachments in the preamble. For
example, Attachment 1—title of your
document, Attachment 2—title of your
document, Attachment 3—title of your
document. For assistance with
commenting and uploading documents,
please see the Frequently Asked
Questions on regulations.gov.
Instructions: All submissions must
include the agency’s name and the
docket number for this rulemaking
(Docket No. OSHA–2019–0001). All
comments, including any personal
information you provide, are placed in
the public docket without change and
may be made available online at https://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
information they do not want made
available to the public, or submitting
materials that contain personal
information (either about themselves or
others), such as Social Security
Numbers and birthdates.
Docket: To read or download
comments and materials submitted in
response to this Federal Register
document, go to Docket No. OSHA–
2019–0001 at https://
www.regulations.gov. All comments and
submissions are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through that website.
All comments and submissions,
including copyrighted material, are
VerDate Sep<11>2014
16:12 Apr 09, 2021
Jkt 253001
available for inspection through the
OSHA Docket Office.1
FOR FURTHER INFORMATION CONTACT:
For press inquiries: Contact Frank
Meilinger, Director, Office of
Communications, Occupational Safety
and Health Administration, U.S.
Department of Labor; telephone: (202)
693–1999; email: meilinger.francis2@
dol.gov.
For general information and technical
inquiries: Contact Maureen Ruskin,
Acting Director, Directorate of
Standards and Guidance, Occupational
Safety and Health Administration, U.S.
Department of Labor; telephone (202)
693–1950 or fax (202) 693–1678; email:
ruskin.maureen@dol.gov.
SUPPLEMENTARY INFORMATION: On
February 16, 2021, OSHA published a
notice of proposed rulemaking (NPRM)
to modify the Hazard Communication
Standard (HCS) to align with the United
Nations’ Globally Harmonized System
of Classification and Labelling of
Chemicals (GHS) Revision 7, to address
specific issues that have arisen since
OSHA last updated the HCS in 2012,
and to provide better alignment with
other U.S. agencies and international
trading partners, without lowering the
overall protections of the standard.
The public comment period for this
NPRM was to close on April 19, 2021,
60 days after publication of the NPRM.
However, OSHA received comments
from stakeholders requesting extensions
of the public comment period
(Document ID 0272 (requesting a
minimum of 30 additional days), 0274
(requesting a minimum of 30 additional
days), and 0276 (requesting extension of
60 days)). The comments state that due
to the breadth and complexity of the
technical issues involved in this
rulemaking, more time is needed to
gather data and information and to
coordinate responses from organization
members to develop more
comprehensive and detailed comments.
OSHA agrees to an extension and
believes a 30-day extension of the
public comment period is sufficient and
appropriate in order to address these
stakeholder requests. Therefore, the
public comment period will be
extended until May 19, 2021.
Authority and Signature
This document was prepared under
the direction of James S. Frederick,
1 Documents submitted to the docket by OSHA or
stakeholders are assigned document identification
numbers (Document ID) for easy identification and
retrieval. The full Document ID is the docket
number plus a unique four-digit code. OSHA is
identifying supporting information in this notice by
author name, publication year, and the last four
digits of the Document ID.
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
18925
Principal Deputy Assistant Secretary of
Labor for Occupational Safety and
Health, U.S. Department of Labor, 200
Constitution Avenue NW, Washington,
DC 20210. It is issued under the
authority of sections 4, 6, and 8 of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 653, 655, 657); 5 U.S.C.
553; section 304, Clean Air Act
Amendments of 1990 (Pub. L. 101–549,
reprinted at 29 U.S.C.A. 655 Note);
section 41, Longshore and Harbor
Workers’ Compensation Act (33 U.S.C.
941); section 107, Contract Work Hours
and Safety Standards Act (40 U.S.C.
3704); section 1031, Housing and
Community Development Act of 1992
(42 U.S.C. 4853); section 126, Superfund
Amendments and Reauthorization Act
of 1986, as amended (reprinted at 29
U.S.C.A. 655 Note); Secretary of Labor’s
Order No. 8–2020 (85 FR 58383–94);
and 29 CFR part 1911.
Signed at Washington, DC, on April 6,
2021.
James S. Frederick,
Principal Deputy Assistant Secretary of Labor
for Occupational Safety and Health.
[FR Doc. 2021–07408 Filed 4–9–21; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2020–0056]
RIN 1625–AA09
Drawbridge Operation Regulation; Fox
River, Oshkosh, WI
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
authorize the Canadian National
Railroad Bridge, mile 55.72, across the
Fox River to operate remotely. The
request was made by the bridge owner.
This proposed rule will re-establish
remote operations of the bridge and will
not change the operating schedule of the
bridge.
DATES: Comments and related material
must reach the Coast Guard on or before
June 11, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0056 using Federal e-Rulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
SUMMARY:
E:\FR\FM\12APP1.SGM
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Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Proposed Rules
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
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
khammond on DSKJM1Z7X2PROD with PROPOSALS
II. Background, Purpose and Legal
Basis
The Fox River is approximately 182
miles long and flows south then easterly
through the town of Oshkosh, WI, then
into Lake Winnebago before it turns
north and flows to the Bay of Green Bay.
The water levels on the Fox River, above
De Pere, WI, are controlled by the Fox
River Navigation Authority through a
series of locks. The Canadian National
Railroad Bridge is a single leaf bascule
bridge that provides a horizontal
clearance of 125 feet and a vertical
clearance in the closed position of 6 feet
and in the open position an unlimited
clearance for a 62-foot width of the
channel and 45 feet at the North
Channel edge. The bridge is located near
the west side of Lake Winnebago and
because of the low clearance most
vessels require it to open. During the
summer, on average 100 recreational
vessels request openings daily. The
railroad bridge carries significant train
traffic between the international border
at Rainer, MN, and Chicago, IL.
III. Discussion of Proposed Rule
In 2010 we published a NPRM to
solicit comments concerning allowing
the Canadian National Railroad Bridge,
mile 55.72 to operate remotely (75 FR
76322, December 8, 2010; USCG–2010–
1029). The public requested the bridge
owner to install and maintain additional
warning lights. The NPRM was
withdrawn because the railroad refused
to install and maintain the additional
warning lights the public requested (76
FR 13312, March 11, 2011). Recently,
the Railroad has agreed that from April
27 through October 7 additional
warning lights, specifically those
alternating flashing red lights that
mimic a Grade Crossing Signal
commonly found at highway railroad
crossing would be installed and
maintained to warn mariners that the
VerDate Sep<11>2014
16:12 Apr 09, 2021
Jkt 253001
bridge was about to close. The remote
operator shall also announce that the
bridge is opening or closing on VHF–FM
Marine Radiotelephone. The owners of
the bridge shall maintain 2 board gauges
in accordance with 33 CFR 118.160. The
remote drawtender may be contacted by
mariners at any time by radiotelephone
or commercial phone number; this
information shall be so posted on the
bridge so that they are plainly visible to
vessel operators approaching the up or
downstream side of the bridge.
The current winter operating schedule
requiring vessels to provide at least 12hours advance notice for a bridge
opening during the winter will remain
in effect. Additionally, the clearance
gauges would still be required to
indicate to vessels the water levels and
clearance while the bridge is in the
closed position. During the comment
period, a tender will be at the bridge to
allow the public to observe the
proposed bridge operations. On
September 2, 2020, in Federal Register
at 85 FR 54496, we solicited comments
from the summer’s test schedule that
ran from April 26, 2020 through
September 2, 2020. No comments were
received.
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.
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).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge as if a tender was
in attendance at 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
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
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. The bridge
will operate as it has for the past several
years.
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 above. 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
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 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
E:\FR\FM\12APP1.SGM
12APP1
Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Proposed Rules
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 above.
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, U.S.
Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and
U.S. Coast Guard Environmental
Planning Implementation Procedures
(series) which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). We
have made a preliminary determination
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 this action is
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.
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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.
VerDate Sep<11>2014
16:12 Apr 09, 2021
Jkt 253001
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 httpss://
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
the docket, visit https://
www.regulations.gov/privacynotice.
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;
and Department of Homeland Security
Delegation No. 0170.1.
2. Amend § 117.1087 by revising
paragraph (c) to read as follows:
■
§ 117.1087
Fox River.
*
*
*
*
*
(c) The draw of the Canadian National
Railroad Bridge at mile 55.72 shall open
on signal, except from October 8
through April 26; the draw shall open
if at least 12-hours advance notice is
given. The bridge is authorized to be
operated remotely. The owners of the
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
18927
bridge shall provide and keep in good
legible condition two board gauges
painted white with black figures to
indicate the vertical clearance under the
closed draw at all water levels. The
gauges shall be so placed on the bridge
that they are plainly visible to operators
of vessels approaching the bridge either
up or downstream. The bridge shall
operate and maintain a VHF–FM Marine
Radio. In addition to the required bridge
lights, the owner’s shall install and
maintain alternating red lights in a
horizontal line that mimic grade
crossing lights and bell to warn
mariners that the bridge is lowering.
*
*
*
*
*
Dated: April 5, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–07437 Filed 4–9–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2020–0658]
RIN 1625–AA09
Drawbridge Operation Regulation;
Indian Creek, Miami Beach, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
AGENCY:
The Coast Guard proposes to
modify the operating schedule that
governs the 63rd Street Bridge, across
Indian Creek, mile 4.0, at Miami Beach,
Florida. A request was made to place
the drawbridge on a weekend operating
schedule to alleviate vehicle congestion
due to on-demand bridge openings. This
proposed change would place the bridge
on an operating schedule during the
weekend at specified times. The Coast
Guard is seeking comments from the
public regarding this proposed change.
DATES: Comments and relate material
must reach the Coast Guard on or before
May 27, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
2020–0658 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:
E:\FR\FM\12APP1.SGM
12APP1
]]>Agencies
[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Proposed Rules]
[Pages 18925-18927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07437]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0056]
RIN 1625-AA09
Drawbridge Operation Regulation; Fox River, Oshkosh, WI
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to authorize the Canadian National
Railroad Bridge, mile 55.72, across the Fox River to operate remotely.
The request was made by the bridge owner. This proposed rule will re-
establish remote operations of the bridge and will not change the
operating schedule of the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before June 11, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2020-0056 using Federal e-Rulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section
[[Page 18926]]
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
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 Fox River is approximately 182 miles long and flows south then
easterly through the town of Oshkosh, WI, then into Lake Winnebago
before it turns north and flows to the Bay of Green Bay. The water
levels on the Fox River, above De Pere, WI, are controlled by the Fox
River Navigation Authority through a series of locks. The Canadian
National Railroad Bridge is a single leaf bascule bridge that provides
a horizontal clearance of 125 feet and a vertical clearance in the
closed position of 6 feet and in the open position an unlimited
clearance for a 62-foot width of the channel and 45 feet at the North
Channel edge. The bridge is located near the west side of Lake
Winnebago and because of the low clearance most vessels require it to
open. During the summer, on average 100 recreational vessels request
openings daily. The railroad bridge carries significant train traffic
between the international border at Rainer, MN, and Chicago, IL.
III. Discussion of Proposed Rule
In 2010 we published a NPRM to solicit comments concerning allowing
the Canadian National Railroad Bridge, mile 55.72 to operate remotely
(75 FR 76322, December 8, 2010; USCG-2010-1029). The public requested
the bridge owner to install and maintain additional warning lights. The
NPRM was withdrawn because the railroad refused to install and maintain
the additional warning lights the public requested (76 FR 13312, March
11, 2011). Recently, the Railroad has agreed that from April 27 through
October 7 additional warning lights, specifically those alternating
flashing red lights that mimic a Grade Crossing Signal commonly found
at highway railroad crossing would be installed and maintained to warn
mariners that the bridge was about to close. The remote operator shall
also announce that the bridge is opening or closing on VHF-FM Marine
Radiotelephone. The owners of the bridge shall maintain 2 board gauges
in accordance with 33 CFR 118.160. The remote drawtender may be
contacted by mariners at any time by radiotelephone or commercial phone
number; this information shall be so posted on the bridge so that they
are plainly visible to vessel operators approaching the up or
downstream side of the bridge.
The current winter operating schedule requiring vessels to provide
at least 12-hours advance notice for a bridge opening during the winter
will remain in effect. Additionally, the clearance gauges would still
be required to indicate to vessels the water levels and clearance while
the bridge is in the closed position. During the comment period, a
tender will be at the bridge to allow the public to observe the
proposed bridge operations. On September 2, 2020, in Federal Register
at 85 FR 54496, we solicited comments from the summer's test schedule
that ran from April 26, 2020 through September 2, 2020. No comments
were received.
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. 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).
This regulatory action determination is based on the ability that
vessels can still transit the bridge as if a tender was in attendance
at 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. The
bridge will operate as it has for the past several years.
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
above. 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 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 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
[[Page 18927]]
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 above.
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, U.S. Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental
Planning Implementation Procedures (series) which guide the Coast Guard
in complying with the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321-4370f). We have made a preliminary determination 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 this action is 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.
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 httpss://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 the
docket, visit https://www.regulations.gov/privacynotice.
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 117.1087 by revising paragraph (c) to read as follows:
Sec. 117.1087 Fox River.
* * * * *
(c) The draw of the Canadian National Railroad Bridge at mile 55.72
shall open on signal, except from October 8 through April 26; the draw
shall open if at least 12-hours advance notice is given. The bridge is
authorized to be operated remotely. The owners of the bridge shall
provide and keep in good legible condition two board gauges painted
white with black figures to indicate the vertical clearance under the
closed draw at all water levels. The gauges shall be so placed on the
bridge that they are plainly visible to operators of vessels
approaching the bridge either up or downstream. The bridge shall
operate and maintain a VHF-FM Marine Radio. In addition to the required
bridge lights, the owner's shall install and maintain alternating red
lights in a horizontal line that mimic grade crossing lights and bell
to warn mariners that the bridge is lowering.
* * * * *
Dated: April 5, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07437 Filed 4-9-21; 8:45 am]
BILLING CODE 9110-04-P
