Drawbridge Operation Regulation; River Rouge, Detroit, MI, 19574-19576 [2021-07649]

Download as PDF 19574 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations (k) Material Incorporated by Reference (1) The Director of the Federal Register previously approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (3) The following service information was approved for IBR on April 14, 2021 (86 FR 13631, March 10, 2021). (i) Sikorsky Aircraft Corporation Alert Service Bulletin 92–32–008, Basic Issue, dated January 21, 2020. (ii) [Reserved] (4) For Sikorsky Aircraft Corporation service information identified in this AD, contact your local Sikorsky Field Representative or Sikorsky’s Service Engineering Group at Sikorsky Aircraft Corporation, Mailstop K100, 124 Quarry Road, Trumbull, CT 06611; telephone 1–800– 946–4337 (1–800-Winged-S); email wcs_cust_ service_eng.gr-sik@lmco.com. Operators may also log on to the Sikorsky 360 website at https://www.sikorsky360.com. (5) You may view this service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (6) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued on April 9, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov. Type USCG– 2020–0513 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: ADDRESSES: 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 [FR Doc. 2021–07687 Filed 4–12–21; 11:15 am] IV. Discussion of Comments, Changes and the Final Rule We did not receive any comments from the waterway users. V. Discussion of Final 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 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. Coast Guard On October 27, 2020 we published in the Federal Register (85 FR 68019) a Notice of Proposed Rule Making. 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. 33 CFR Part 117 III. Legal Authority and Need for Rule VI. 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. [Docket No. USCG–2020–0513] The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 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, over the River Rouge, currently open on signal pursuant to 33 CFR 117 and are required to be manned by a drawtender at each bridge. The reason for the request to stop continual drawtender service it that the primary customer, a still mill on Zug Island, has been placed into caretaker status, significantly decreasing the rail traffic across these bridges. 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 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) and pursuant to OMB guidance it is exempt BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY RIN 1625–AA09 Drawbridge Operation Regulation; River Rouge, Detroit, MI Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is modifying 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, over the River Rouge. Delray SUMMARY: jbell on DSKJLSW7X2PROD with RULES 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, leaving them in the open position at all other times, while the third bridge would open upon signal if a 4-hour advance notice is received. DATES: This rule is effective May 14, 2021. VerDate Sep<11>2014 15:45 Apr 13, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\14APR1.SGM 14APR1 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations from the requirements of Executive Order 13771. 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 or the bridge will open with advance notice. jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 15:45 Apr 13, 2021 Jkt 253001 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. 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, Table 3–1 of the U.S. Coast Guard Environmental Planning Implementation Procedures. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 19575 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; DHS Delegation No. 0170.1. ■ 2. Revise § 117.645 to read as follows: § 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 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. (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 E:\FR\FM\14APR1.SGM 14APR1 19576 Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations 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. Dated: April 2, 2021. D.L. Cottrell, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2021–07649 Filed 4–13–21; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 81 [EPA–HQ–OAR–2020–0037; FRL–10022–22– OAR] Air Quality Designations for the 2010 Sulfur Dioxide (SO2) Primary National Ambient Air Quality Standard—Round 4—Supplemental Amendment Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is withdrawing the initial nonattainment designation for portions of the Outagamie County, Wisconsin, area for the 2010 sulfur dioxide (SO2) primary National Ambient Air Quality Standard (NAAQS) and is finalizing a designation of attainment/unclassifiable for the area. The EPA Administrator signed an action on December 21, 2020, to designate certain areas in the United States (U.S.) for the 2010 SO2 NAAQS, including the Outagamie County area. This action supplements the EPA’s December 2020 designations, published in the Federal Register of March 26, 2021, which have not yet taken effect. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:45 Apr 13, 2021 Jkt 253001 This final rule is effective on April 30, 2021. ADDRESSES: The EPA has established a docket for this action at https:// regulations.gov under Docket ID No. EPA–HQ–OAR–2020–0037. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Out of an abundance of caution for members of the public and our staff, the EPA Docket Center and Reading Room are currently closed to the public, with limited exceptions, to reduce the risk of transmitting COVID–19. The Docket Center staff will continue to provide remote customer service via email, phone, and webform. For further information on EPA Docket Center services and the current status, please visit us online at https://www.epa.gov/ dockets. DATES: For general questions concerning this action, please contact Andrew Leith, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Air Quality Policy Division, 109 T.W. Alexander Drive, Mail Code C539–04, Research Triangle Park, NC 27711, telephone (919) 541–1069, email address: leith.andrew@epa.gov. For questions regarding the specific area in this action, please contact Alisa Liu, U.S. Environmental Protection Agency Region 5, Control Strategies Section, Air Programs Branch (AR–18J), 77 West Jackson Boulevard, Chicago, IL 60604; telephone: (312) 353–3193; email address: liu.alisa@epa.gov. Most EPA offices are closed to reduce the risk of transmitting COVID–19, but staff remain available via telephone and email. The EPA encourages the public to review information related to the Round 4 2010 SO2 NAAQS designations online at https://www.epa.gov/sulfur-dioxidedesignations and also in the public docket at https://www.regulations.gov under Docket ID No. EPA–HQ–OAR– 2020–0037. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Table of Contents The following is an outline of the Preamble. I. Preamble Glossary of Terms and Acronyms II. What is the purpose of this supplemental action? III. Designation Decision Based on 2018–2020 Data IV. Effective Date of This Action PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 V. Comments Received Regarding EPA’s Round 4 Designations VI. Environmental Justice Concerns VII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Government G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use I. National Technology Transfer and Advancement Act (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act (CRA) L. Judicial Review I. Preamble Glossary of Terms and Acronyms The following are abbreviations of terms used in the preamble. APA Administrative Procedure Act AQS Air Quality System CAA Clean Air Act CFR Code of Federal Regulations DC District of Columbia DRR Data Requirements Rule E.O. Executive Order EPA Environmental Protection Agency FR Federal Register NAAQS National Ambient Air Quality Standards NTTAA National Technology Transfer and Advancement Act OMB Office of Management and Budget ppb Parts per billion PRA Paperwork Reduction Act RFA Regulatory Flexibility Act SO2 Sulfur Dioxide TAR Tribal Authority Rule UMRA Unfunded Mandate Reform Act of 1995 U.S. United States II. What is the purpose of this supplemental action? The EPA was under a December 31, 2020, court-ordered deadline to designate all remaining areas for the 2010 SO2 NAAQS (‘‘Round 4’’). On December 21, 2020, the EPA Administrator signed a final action to designate 44 areas in accordance with section 107(d) of the Clean Air Act (CAA).1 Nine areas were designated as 1 The Round 4 2010 SO NAAQS designations 2 action was signed by the EPA Administrator, Andrew Wheeler, on December 21, 2020, pursuant to a court-ordered deadline of December 31, 2020. That document with the original signature and date E:\FR\FM\14APR1.SGM 14APR1

Agencies

[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Rules and Regulations]
[Pages 19574-19576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07649]


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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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying 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, over the River Rouge. 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, leaving them in the 
open position at all other times, while the third bridge would open 
upon signal if a 4-hour advance notice is received.

DATES:  This rule is effective May 14, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0513 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 October 27, 2020 we published in the Federal Register (85 FR 
68019) a Notice of Proposed Rule Making. 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.
    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, over the River Rouge, currently open on 
signal pursuant to 33 CFR 117 and are required to be manned by a 
drawtender at each bridge. The reason for the request to stop continual 
drawtender service it that the primary customer, a still mill on Zug 
Island, has been placed into caretaker status, significantly decreasing 
the rail traffic across these bridges.

IV. Discussion of Comments, Changes and the Final Rule

    We did not receive any comments from the waterway users.

V. Discussion of Final 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 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.

VI. 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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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) and pursuant to OMB guidance it is exempt

[[Page 19575]]

from the requirements of Executive Order 13771.
    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 or the bridge will open with advance notice.

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.

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, 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.

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; 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 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.
    (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

[[Page 19576]]

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.

    Dated: April 2, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07649 Filed 4-13-21; 8:45 am]
BILLING CODE 9110-04-P