Drawbridge Operation Regulation; Chicago River, Chicago, IL, 40957-40959 [2021-15986]
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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
VI. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (UMRA) 184 requires agencies to
prepare a written statement for rules
with a Federal mandate that may result
in increased expenditures by state,
local, and tribal governments, in the
aggregate, or by the private sector, of
$165 million ($100 million in 1995
dollars adjusted for inflation) or more in
at least one year.185 This statement
must: (1) Identify the authorizing
legislation; (2) present the estimated
costs and benefits of the rule and, to the
extent that such estimates are feasible
and relevant, its estimated effects on the
national economy; (3) summarize and
evaluate state, local, and tribal
government input; and (4) identify
reasonable alternatives and select, or
explain the non-selection, of the least
costly, most cost-effective, or least
burdensome alternative.
regulation with a smaller aggregate
effect is not likely to have a measurable
effect in macroeconomic terms, unless it
is highly focused on a particular
geographic region or economic sector,
which is not the case with this rule.
Given OMB’s guidance, the Department
has determined that a full
macroeconomic analysis is not likely to
show that these costs would have any
measurable effect.
Authorizing Legislation
This final rule is issued pursuant to
the Fair Labor Standards Act of 1938, 29
U.S.C. 201–219.
VIII. Executive Order 13175, Indian
Tribal Governments
Assessment of Costs and Benefits
For purposes of UMRA, this
rescission is not expected to result in
increased expenditures by the private
sector or by state, local, and tribal
governments of $165 million or more in
at least one year. As discussed earlier,
the Department believes that the
rescission will not result in substantial
costs for the regulated community
because most courts apply a vertical
joint employment analysis different
from the analysis in the Joint Employer
Rule and have not adopted the Rule’s
analysis. More detailed analysis of
impacts appears above.
UMRA requires agencies to estimate
the effect of a regulation on the national
economy if such estimates are
reasonably feasible and the effect is
relevant and material.186 However, OMB
guidance on this requirement notes that
such macroeconomic effects tend to be
measurable in nationwide econometric
models only if the economic effect of
the regulation reaches 0.25 percent to
0.5 percent of Gross Domestic Product
(GDP), or in the range of $52.3 billion
to $104.7 billion (using 2020 GDP).187 A
lotter on DSK11XQN23PROD with RULES1
184 See
2 U.S.C. 1501.
185 Calculated using growth in the Gross Domestic
Product deflator from 1995 to 2019. Bureau of
Economic Analysis. Table 1.1.9. Implicit Price
Deflators for Gross Domestic Product.
186 See 2 U.S.C. 1532(a)(4).
187 According to the Bureau of Economic
Analysis, 2020 GDP was $20.9 trillion. https://
www.bea.gov/sites/default/files/2021-04/gdp1q21_
adv.pdf.
VerDate Sep<11>2014
16:28 Jul 29, 2021
Jkt 253001
VII. Executive Order 13132, Federalism
The Department has (1) reviewed this
rescission in accordance with Executive
Order 13132 regarding federalism and
(2) determined that it does not have
federalism implications. The rescission
would not have substantial direct effects
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.
This rescission would not have
substantial direct effects 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.
List of Subjects in 29 CFR Part 791
Wages.
PART 791—[REMOVED AND
RESERVED]
For the reasons set forth in the
preamble, and under the authority of the
FLSA, 29 U.S.C. 201–219, the
Department removes and reserves 29
CFR part 791.
■
Jessica Looman,
Principal Deputy Administrator, Wage and
Hour Division.
[FR Doc. 2021–15316 Filed 7–29–21; 8:45 am]
BILLING CODE 4510–27–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2020–0034]
RIN 1625–AA09
Drawbridge Operation Regulation;
Chicago River, Chicago, IL
Coast Guard, DHS.
Final rule.
AGENCY:
PO 00000
Frm 00041
Fmt 4700
The Coast Guard is revising
the operating schedule that governs the
Amtrak Railroad Bridge, mile 3.77,
across the South Branch of the Chicago
River, at Chicago, Illinois to be operated
remotely and establish an intermediate
opening position.
DATES: This rule is effective August 30,
2021.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2020–0034 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:
SUMMARY:
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
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
OMB Office of Management and Budget
§ Section
TD Temporary Deviation with Request for
comments
U.S.C. United States Code
II. Background Information and
Regulatory History
On April 8, 2020 the Coast Guard
published a TD in the Federal Register
(85 FR 19659) to test the proposed rule
and allow mariners to provide
comments from June 1, 2020 through
September 1, 2020. We received one
unrelated comment.
On May 4, 2021, the Coast Guard
published a NPRM in the Federal
Register (86 FR 23639). There we stated
why we issued the NPRM, and invited
comments on proposed regulatory
action. During the comment period that
ended on June 3, 2021, we received zero
(0) comments.
III. Legal Authority and Need for Rule
33 CFR Part 117
ACTION:
40957
Sfmt 4700
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
The Amtrak Railroad Bridge, mile
3.77, over the South Branch of the
Chicago River provides a vertical
clearance of 10 feet in the down
position and 65 feet in the open position
above LWD and a horizontal clearance
of 156 feet. The bridge crosses the river
on a slight skew on an ‘‘S’’ curve in the
E:\FR\FM\30JYR1.SGM
30JYR1
40958
Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / Rules and Regulations
river requiring longer vessels to use
most of the horizontal clearance for
maneuvering. The South Branch of the
Chicago River is part of a network of
waterways that allow vessels to travel
from Chicago, IL to New Orleans, LA.
Cook County described the Chicago
River as the 5th largest port in the
United States, hosting commercial
vessels over 300 tons, recreational
power and sailing vessels, several
passenger vessels, water taxies, paddle
boats and various paddle craft. Most
vessels can pass under all of the bridges
in the Chicago metropolitan area
without an opening, with the exception
of the Amtrak Bridge. During an average
weekday, 150,000 commuters travel
over the Amtrak Bridge.
In accordance with general bridge
regulations a drawbridge must open
promptly and fully when signaled to
open. Lifting the bridge to 65 feet for
every vessel when most vessels only
need an additional 10 feet of clearance
increases the delay experienced by all
modes of transportation.
The Amtrak Bridge has been operating
remotely for several years without any
concerns for the mariners.
IV. Discussion of Comments, Changes
and the Final Rule
We received one comment to the TD
that was unrelated to the bridge or
proposed regulatory action. We did not
receive any comments to the NPRM, and
do not intend to change anything from
the published NPRM.
V. Discussion of Final Rule
The Coast Guard is including in the
regulations that the AMTRAK Bridge is
authorized to operate remotely.
The Coast Guard is authorizing the
bridge to open to an intermediate
position that will provide a vertical
clearance of 34 feet above LWD. A
yellow light at the center of the bridge,
visible to vessels approaching the bridge
from both upriver and downriver sides
will verify the bridge has met the
intermediate height. At any time a
vessel with greater air draft can radio
the drawtender and request a full
opening. This rule is expected to
increase bridge availability to all users
by 50%.
lotter on DSK11XQN23PROD with RULES1
VII. 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.
VerDate Sep<11>2014
16:28 Jul 29, 2021
Jkt 253001
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 without changing
the bridge schedule and it keeps the
maximum advertised clearance
available for vessels as needed.
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
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
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
E:\FR\FM\30JYR1.SGM
30JYR1
Federal Register / Vol. 86, No. 144 / Friday, July 30, 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, Table3–1 of the U.S. Coast Guard
Environmental Planning
Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
§ 117.391
[Amended]
2. Amend § 117.391 by revising
paragraph (d) to read as follows:
■
§ 117.391
Chicago River.
*
*
*
*
*
(d) The Amtrak Bridge, mile 3.77, is
authorized to operate remotely and open
to the intermediate position on signal,
unless a request for a full opening is
received by the drawtender. The bridge
is required to operate a marine radio.
*
*
*
*
*
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–15986 Filed 7–29–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0601; FRL–8689–02–
R9]
Air Plan Revision; Limited Approval
and Limited Disapproval; California;
Yolo-Solano Air Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing the limited
approval and limited disapproval of a
revision to the Yolo-Solano Air Quality
Management District (YSAQMD)
portion of the California State
Implementation Plan (SIP). This
revision concerns emissions of volatile
organic compounds (VOCs) from solvent
cleaning and degreasing operations.
Under the authority of the Clean Air Act
(CAA or the Act), this action
simultaneously approves a local rule
that regulates these emission sources
and directs California to correct rule
deficiencies.
DATES: This rule will be effective on
August 30, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket No.
SUMMARY:
Local agency
Rule #
lotter on DSK11XQN23PROD with RULES1
YSAQMD .........................................................
We proposed a limited approval
because we determined that this rule
improves the SIP and is largely
consistent with the relevant CAA
requirements. We simultaneously
proposed a limited disapproval because
the following rule provision conflicts
with section 110 and part D of the Act.
The provision at section 110.6 of the
rule exempts solvent degreasing
operations that are subject to National
Emission Standards for Hazardous Air
Pollutants (NESHAP) requirements at 40
CFR part 63 Subpart T regulating
halogenated solvent cleaning.
VerDate Sep<11>2014
16:28 Jul 29, 2021
Jkt 253001
2.31
PO 00000
Frm 00043
EPA–R09–OAR–2018–0601. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) 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.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3024 or by
email at lazarus.arnold@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and the EPA’s Response
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On February 25, 2021 (86 FR 11480),
the EPA proposed a limited approval
and limited disapproval of the following
rule that was submitted for
incorporation into the California SIP.
Rule title
Revised
Solvent Cleaning and Degreasing .................
CAA Section 182(b)(2) (‘‘Reasonably
available control technology’’) states:
‘‘The State shall submit a revision to the
applicable implementation plan to
include provisions to require the
implementation of reasonably available
control technology . . . .’’ While the
YSAQMD has been delegated the
authority to enforce the requirements in
40 CFR 63 Subpart T, this type of
delegation of authority to a district or
state does not place those requirements
or its emission limitations into the SIP.
Thus, this rule fails to implement RACT
for halogenated solvent cleaning in an
Fmt 4700
Sfmt 4700
40959
04/12/2017
Submitted
08/09/2017
enforceable SIP regulation. Our
proposed action contains more
information on the basis for this
rulemaking and on our evaluation of the
submittal.
II. Public Comments and the EPA’s
Response
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one comment
that was supportive of the proposed
action.
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Pages 40957-40959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15986]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0034]
RIN 1625-AA09
Drawbridge Operation Regulation; Chicago River, Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the operating schedule that
governs the Amtrak Railroad Bridge, mile 3.77, across the South Branch
of the Chicago River, at Chicago, Illinois to be operated remotely and
establish an intermediate opening position.
DATES: This rule is effective August 30, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0034 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
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
OMB Office of Management and Budget
Sec. Section
TD Temporary Deviation with Request for comments
U.S.C. United States Code
II. Background Information and Regulatory History
On April 8, 2020 the Coast Guard published a TD in the Federal
Register (85 FR 19659) to test the proposed rule and allow mariners to
provide comments from June 1, 2020 through September 1, 2020. We
received one unrelated comment.
On May 4, 2021, the Coast Guard published a NPRM in the Federal
Register (86 FR 23639). There we stated why we issued the NPRM, and
invited comments on proposed regulatory action. During the comment
period that ended on June 3, 2021, we received zero (0) comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Amtrak Railroad Bridge, mile 3.77, over the South Branch of the
Chicago River provides a vertical clearance of 10 feet in the down
position and 65 feet in the open position above LWD and a horizontal
clearance of 156 feet. The bridge crosses the river on a slight skew on
an ``S'' curve in the
[[Page 40958]]
river requiring longer vessels to use most of the horizontal clearance
for maneuvering. The South Branch of the Chicago River is part of a
network of waterways that allow vessels to travel from Chicago, IL to
New Orleans, LA. Cook County described the Chicago River as the 5th
largest port in the United States, hosting commercial vessels over 300
tons, recreational power and sailing vessels, several passenger
vessels, water taxies, paddle boats and various paddle craft. Most
vessels can pass under all of the bridges in the Chicago metropolitan
area without an opening, with the exception of the Amtrak Bridge.
During an average weekday, 150,000 commuters travel over the Amtrak
Bridge.
In accordance with general bridge regulations a drawbridge must
open promptly and fully when signaled to open. Lifting the bridge to 65
feet for every vessel when most vessels only need an additional 10 feet
of clearance increases the delay experienced by all modes of
transportation.
The Amtrak Bridge has been operating remotely for several years
without any concerns for the mariners.
IV. Discussion of Comments, Changes and the Final Rule
We received one comment to the TD that was unrelated to the bridge
or proposed regulatory action. We did not receive any comments to the
NPRM, and do not intend to change anything from the published NPRM.
V. Discussion of Final Rule
The Coast Guard is including in the regulations that the AMTRAK
Bridge is authorized to operate remotely.
The Coast Guard is authorizing the bridge to open to an
intermediate position that will provide a vertical clearance of 34 feet
above LWD. A yellow light at the center of the bridge, visible to
vessels approaching the bridge from both upriver and downriver sides
will verify the bridge has met the intermediate height. At any time a
vessel with greater air draft can radio the drawtender and request a
full opening. This rule is expected to increase bridge availability to
all users by 50%.
VII. 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 without changing the bridge
schedule and it keeps the maximum advertised clearance available for
vessels as needed.
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
[[Page 40959]]
the human environment. This rule promulgates the operating regulations
or procedures for drawbridges and is categorically excluded from
further review, under paragraph L49, of Chapter 3, Table3-1 of the U.S.
Coast Guard Environmental Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of
Homeland Security Delegation No. 0170.1.
Sec. 117.391 [Amended]
0
2. Amend Sec. 117.391 by revising paragraph (d) to read as follows:
Sec. 117.391 Chicago River.
* * * * *
(d) The Amtrak Bridge, mile 3.77, is authorized to operate remotely
and open to the intermediate position on signal, unless a request for a
full opening is received by the drawtender. The bridge is required to
operate a marine radio.
* * * * *
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-15986 Filed 7-29-21; 8:45 am]
BILLING CODE 9110-04-P
