Drawbridge Operation Regulation; Fox River, Oshkosh, WI, 39963-39965 [2021-15806]
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations
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
1. The authority citation for part 117
continues to read as follows:
■
Dated: July 7, 2021.
Eric C. Jones,
Rear Admiral, U.S. Coast Guard, Commander
Seventh Coast Guard District.
[FR Doc. 2021–15833 Filed 7–23–21; 8:45 am]
BILLING CODE 9110–04–P
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
DEPARTMENT OF HOMELAND
SECURITY
2. Amend § 117.317 by revising
paragraph (e) to read as follows:
Coast Guard
§ 117.317
33 CFR Part 117
■
Okeechobee Waterway.
*
jbell on DSKJLSW7X2PROD with RULES
vessel entering the swing radius of the
bridge, the operator shall initiate the
closing sequence, which includes the
sounding of a horn. The span will
remain in the closed position for the
entire time the track circuit is occupied
displaying red lights.
(5) After the train has cleared the
track circuit, the span shall open and
green lights will be displayed.
(6) From 7 p.m. to 7 a.m., the bridge
will be in the closed to navigation
position and will open if at least a three
hour advance notice is requested via
marine radio channel 9 VHF or
telephone (813) 677–3974.
(7) The bridge shall not be operated
from the remote location in the
following events: Failure or obstruction
of the detection sensors, remote
actuation systems, cameras, or marine
radio communications, or when
directed by the Coast Guard. In these
situations, a bridge operator must be onsite and locally operate the bridge.
*
*
*
*
*
*
*
*
*
(e) Seaboard System Railroad bridge,
mile 28.2 at Indiantown. The draw of
the CSX Railroad Bridge, mile 28.2 at
Indiantown, FL, shall operate as
follows:
(1) The swing bridge is not tendered
locally, but will be monitored and
operated by a remote operator.
(2) Marine radio communication shall
be maintained, by the remote operator,
with mariners near the bridge for the
safety of navigation. Visual monitoring
of the waterway shall be maintained
with the use of cameras. Detection
sensors shall be installed for the
detection of vessels entering the radius
of the swing span of the bridge while in
operation.
(3) From 7 a.m. to 7 p.m., the bridge
will be maintained in the open to
navigation position and will display
green lights to indicate that the span is
fully open.
(4) When a train approaches, the
remote operator shall monitor for
vessels in the vicinity of the bridge.
Provided the sensors do not detect a
VerDate Sep<11>2014
15:54 Jul 23, 2021
Jkt 253001
[Docket No. USCG–2020–0056]
RIN 1625–AA09
Drawbridge Operation Regulation; Fox
River, Oshkosh, WI
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
The Coast Guard is amending
the operating schedule that governs the
Canadian National Railroad Bridge, mile
55.72, across the Fox River to operate
remotely. The request was made by the
bridge owner. This rule re-establishes
remote operations of the bridge and will
not change the operating schedule of the
bridge.
DATES: This rule is effective August 25,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2020–0056 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
SUMMARY:
PO 00000
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Fmt 4700
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39963
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Lee D. Soule, Bridge
Management Specialist, Ninth Coast
Guard District; telephone 216–902–
6085, email Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
(Advance, Supplemental)
§ Section
TD Temporary deviation with request for
comments
U.S.C. United States Code
II. Background Information and
Regulatory History
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 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. We
E:\FR\FM\26JYR1.SGM
26JYR1
39964
Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations
published an after the fact TD in the
Federal Register (85 FR 54496) on
September 2, 2020, for a test schedule
that ran from April 26, 2020, through
September 2, 2020. Posting in the
Federal Register was delayed due to
COVID–19 but we supplemented the
request with direct emails, Local Notice
to Mariners, and internet based
meetings platforms. No comments were
received.
We published a NPRM in the Federal
Register (86 FR 18925) that was
published on April 12, 2021, and
requested comments until June 11,
2021. We received one comment
concerned with general safety at the
bridge. The commenter predicted
remotely operating the bridge would
result in a higher risk of allision and
collisions at the bridge along with
increased delays for boaters. Most of the
commenter’s concerns were addressed
in the TD and NPRM and no reports of
mishap or allision was received during
the TD. The commenter stated long
delays at the bridge for vessels;
however, the Coast Guard has not
received any reports of delay in
approximately five years.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499. This rule
will allow the bridge to operate
remotely and it will not change the
operating schedule of the bridge. The
bridge will open on signal, except when
ice forms in the waterway and vessels
can request an opening if a 12-hour
advance notice is provided.
IV. Discussion of Final Rule
We carefully reviewed the comments
and did not find good reason to alter the
language as published in the NPRM.
V. Regulatory Analyses
We 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.
jbell on DSKJLSW7X2PROD with RULES
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly, it
has not been reviewed by the Office of
Management and Budget (OMB).
VerDate Sep<11>2014
15:54 Jul 23, 2021
Jkt 253001
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advanced
notice in the winter and by signal all
other times.
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).
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Fmt 4700
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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.
We did not receive any comments
from Indian Tribal Governments.
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.
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Rules and Regulations
G. Protest Activities
DEPARTMENT OF EDUCATION
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.
34 CFR Chapter III
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
2. 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
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.
*
*
*
*
*
jbell on DSKJLSW7X2PROD with RULES
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–15806 Filed 7–23–21; 8:45 am]
BILLING CODE 9110–04–P
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15:54 Jul 23, 2021
Jkt 253001
[Docket ID ED–2021–OSERS–0003]
Final Priority and Requirements—
Training of Interpreters for Individuals
Who Are Deaf or Hard of Hearing and
Individuals Who Are DeafBlind
Program
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority and requirements.
AGENCY:
The Department of Education
(Department) announces a priority and
requirements for the Training of
Interpreters for Individuals Who Are
Deaf or Hard of Hearing and Individuals
Who Are DeafBlind program, Assistance
Listing Number 84.160D. The
Department may use the priority and
requirements for competitions in
Federal fiscal year (FFY) 2021 and later
years. We take this action to provide
training to working interpreters in order
to develop a new skill area or enhance
an existing skill area. This notice relates
to the approved information collection
under OMB control number 1820–0018.
DATES: This priority and requirements
are effective August 25, 2021.
FOR FURTHER INFORMATION CONTACT:
Kristen Rhinehart-Fernandez, U.S.
Department of Education, 400 Maryland
Avenue SW, Room 5094, Potomac
Center Plaza, Washington, DC 20202–
2800. Telephone: (202) 245–6103.
Email: 160D@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The Training of
Interpreters for Individuals Who Are
Deaf or Hard of Hearing and Individuals
Who Are DeafBlind program is designed
to establish interpreter training
programs or to provide financial
assistance for ongoing interpreter
programs to train a sufficient number of
qualified interpreters throughout the
country in order to meet the
communication needs of individuals
who are deaf or hard of hearing and
individuals who are DeafBlind by—
(a) Training interpreters to effectively
interpret and transliterate between
spoken language and sign language and
to transliterate between spoken language
and oral or tactile modes of
communication;
(b) Ensuring the maintenance of the
interpreting skills of qualified
interpreters; and
SUMMARY:
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39965
(c) Providing opportunities for
interpreters to raise their skill level
competence in order to meet the highest
standards approved by certifying
associations.
Program Authority: 29 U.S.C. 709(c)
and 772(a) and (f).
Applicable Program Regulations: 34
CFR part 396.
We published a notice of proposed
priority and requirements (NPP) for this
competition in the Federal Register on
March 2, 2021 (86 FR 12136). That
document contained background
information and our reasons for
proposing the priority and
requirements.
Public Comment: In response to our
invitation in the NPP, 71 parties
submitted comments on the proposed
priority and requirements. Most of the
commenters expressed support for the
specialty areas in the priority, which
included increasing skills of novice
interpreters, trilingual interpreting
(including Spanish), advanced skills for
working interpreters, as well as fieldinitiated projects such as interpreting in
healthcare (including hard-to-serve
populations), interpreting for
individuals who are DeafBlind, and
atypical language interpreting.
Commenters expressed that the
specialty areas are relevant, critical, and
appropriately value remote learning,
field work, mentorship, and coaching
experiences.
We group major issues according to
subject and discuss substantive issues
under the title of the priority or
requirement to which they pertain.
Generally, we do not address technical
and other minor changes. In addition,
we do not address general comments
that raised concerns not related to the
proposed priority or requirements.
Analysis of the Comments and
Changes: An analysis of the comments
and of any changes in the priority and
requirements since publication of the
NPP follows.
Interpreting in Specialty Areas
Comment: One commenter referenced
Specialty Area (1) (increasing skills for
novice interpreters) and reiterated that,
according to the National Interpreter
Education Center (NIEC), challenges
facing interpreter training and education
programs are prevalent. The commenter
asserted that interpreter education
programs fail to produce enough
American Sign Language (ASL) fluent
graduates and further stated that there
needs to be an emphasis on recruiting
individuals from underrepresented
groups for interpreter training programs.
The commenter also stated that
retention of novice interpreters from
E:\FR\FM\26JYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Rules and Regulations]
[Pages 39963-39965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15806]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending the operating schedule that
governs the Canadian National Railroad Bridge, mile 55.72, across the
Fox River to operate remotely. The request was made by the bridge
owner. This rule re-establishes remote operations of the bridge and
will not change the operating schedule of the bridge.
DATES: This rule is effective August 25, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0056 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
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec. Section
TD Temporary deviation with request for comments
U.S.C. United States Code
II. Background Information and Regulatory History
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. We
[[Page 39964]]
published an after the fact TD in the Federal Register (85 FR 54496) on
September 2, 2020, for a test schedule that ran from April 26, 2020,
through September 2, 2020. Posting in the Federal Register was delayed
due to COVID-19 but we supplemented the request with direct emails,
Local Notice to Mariners, and internet based meetings platforms. No
comments were received.
We published a NPRM in the Federal Register (86 FR 18925) that was
published on April 12, 2021, and requested comments until June 11,
2021. We received one comment concerned with general safety at the
bridge. The commenter predicted remotely operating the bridge would
result in a higher risk of allision and collisions at the bridge along
with increased delays for boaters. Most of the commenter's concerns
were addressed in the TD and NPRM and no reports of mishap or allision
was received during the TD. The commenter stated long delays at the
bridge for vessels; however, the Coast Guard has not received any
reports of delay in approximately five years.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
This rule will allow the bridge to operate remotely and it will not
change the operating schedule of the bridge. The bridge will open on
signal, except when ice forms in the waterway and vessels can request
an opening if a 12-hour advance notice is provided.
IV. Discussion of Final Rule
We carefully reviewed the comments and did not find good reason to
alter the language as published in the NPRM.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice in the
winter and by signal all other times.
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.
We did not receive any comments from Indian Tribal Governments.
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.
[[Page 39965]]
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
0
2. 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.
* * * * *
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-15806 Filed 7-23-21; 8:45 am]
BILLING CODE 9110-04-P
