Drawbridge Operation Regulation; River Rouge, Detroit, MI, 19574-19576 [2021-07649]
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Federal Register / Vol. 86, No. 70 / Wednesday, April 14, 2021 / Rules and Regulations
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dated January 21, 2020.
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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.
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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
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15:45 Apr 13, 2021
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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.
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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
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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:
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15:45 Apr 13, 2021
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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
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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
