Drawbridge Operation Regulation; Ogeechee River, Richmond Hill, GA, 61066-61068 [2021-24087]

Download as PDF 61066 Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations adversely the settlement of the strike or lockout or the employment of any person who is involved in the strike or lockout. Kevin E. Bryant, Acting Director, Office of Directives Management, Department of State. [FR Doc. 2021–24045 Filed 11–4–21; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket No. USCG–2021–0671] Special Local Regulations; Savannah Harbor Boat Parade of Lights and Fireworks, Savannah River, Savannah, GA Coast Guard, Department of Homeland Security (DHS). ACTION: Notification of enforcement of regulation. AGENCY: The Captain of the Port Savannah will enforce the special local regulation for the Savannah Harbor Boat Parade of Lights and Fireworks from 5:00 p.m. until 10:00 p.m. on November 27, 2021. This action is necessary to ensure safety of life on navigable waters of the Savannah River during the Savannah Harbor Boat Parade of Lights and Fireworks displays. During the enforcement period, no person or vessel may enter, transit through, anchor in, or remain within the designated area unless authorized by the Captain of the Port Savannah or a designated representative. SUMMARY: The regulations in 33 CFR 100.701, table 1 to § 100.701, paragraph (d), Item 4, will be enforced from 5 p.m. until 10 p.m., on November 27, 2021. FOR FURTHER INFORMATION CONTACT: If you have questions about this notification of enforcement, call or email LT Alex McConnell, Marine Safety Unit Savannah Office of Waterways Management, Coast Guard; telephone 912–652–4353, extension 240, or email Alexander.W.McConnell@ uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulation for the Savannah Harbor Parade of Lights and Fireworks in 33 CFR 100.701 Table 1 to § 100.701, paragraph (d), Item 4, from 5 p.m. until 10 p.m., on November 27, 2021. Under the provisions of 33 CFR 100.701, all persons and vessels are prohibited from jspears on DSK121TN23PROD with RULES1 DATES: VerDate Sep<11>2014 16:17 Nov 04, 2021 Jkt 256001 entering the regulated area unless they receive permission to do so from the Captain of the Port Savannah, or designated representatives. This action is to provide notice of enforcement action of the regulated area that will encompass the Savannah River in Savannah, GA from the Talmadge Bridge near River Street, coordinates 32°05′20″ N, 081°05′56.3″ W, and proceeding down river to a line drawn at 146 degrees true from day board 62, approximate coordinates are: 32°04′48.7″ N, 081°04′47.9″ W. Spectator vessels may safely transit outside the regulated area, but may not anchor, block, loiter in, impede the transit of festival participants or official patrol vessels or enter the regulated area without approval from the Captain of the Port Savannah or a designated representative. The Coast Guard may be assisted by other Federal, State, or local law enforcement agencies in enforcing this regulation. In addition to this notice of enforcement in the Federal Register, the Coast Guard will provide notice of the regulated area via Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene designated representatives. K.A. Broyles, Commander, U.S. Coast Guard, Captain of the Port, Savannah, GA. [FR Doc. 2021–24076 Filed 11–4–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2021–0596] RIN 1625–AA09 Drawbridge Operation Regulation; Ogeechee River, Richmond Hill, GA Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is removing the existing drawbridge operation regulation for the Ogeechee River. The District Bridge Manager has determined that the waterway at mile 30.7, is an Advance Approved Waterway per the regulation. The railroad bridge at mile, 30.7 is being converted to a fixed bridge and the highway bridge at mile, 37.8 was removed from the waterway. The drawbridge operating regulation for the Ogeechee River is no longer applicable or necessary. DATES: This rule is effective November 5, 2021. SUMMARY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0596. In the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ In the Document Type column, select ‘‘Supporting & Related Material’’. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Ms. Jennifer Zercher, Bridge Management Specialist, Seventh Coast Guard District, telephone 305–415– 6740, email Jennifer.N.Zercher@ uscg.mil. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register Pub. L. Public Law § Section GA Georgia U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the waterway at mile 30.7 was designated as an Advance Approved Waterway in June 2021. The Seaboard System Railroad Bridge, mile 30.7, has not had a request to open in the past 40 years, is being rehabilitated and converted to a fixed bridge. The Highway Bridge, mile 37.8, was removed from the waterway. Therefore, regulation 33 CFR 117.367 is no longer applicable and shall be removed from publication. It is unnecessary to publish an NPRM because this regulatory action does not purport to place any restrictions on mariners but rather removes a restriction that has no further use or value. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective in less than 30 days after publication in the Federal Register. The waterway is designated as Advance Approved, the Highway Bridge was removed from the waterway and the Seaboard System Railroad Bridge is E:\FR\FM\05NOR1.SGM 05NOR1 Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations being rehabilitated and converted to a fixed bridge. This rule merely requires an administrative change to the Federal Register, in order to omit a regulatory requirement that is no longer applicable or necessary. Therefore, a delayed effective date is unnecessary. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The Ogeechee River at mile 30.7, was designated as an Advance Approved Waterway per 33 CFR 115.70 in June 2021. The Seaboard System Railroad Bridge, mile 30.7, is being coverted to a fixed bridge and the Highway Bridge, mile 37.8, was removed from the waterway. The Advance Approved determination and the elimination of the removable span necessitates the removal of drawbridge operation regulation, 33 CFR 117.367, which pertains to the waterway and the former drawbridges. The purpose of this rule is to remove 33 CFR 117.367 which refers to the Ogeechee River, from the Code of Federal Regulations since the waterway is designated as an Advance Approved Waterway at mile 30.7, the railroad bridge it governs is no longer able to be opened and the highway bridge was removed from the waterway. IV. Discussion of Final Rule The Coast Guard is removing regulation 33 CFR 117.367 and the regulatory burden related to the draw operations for a bridge that is no longer in existence and a bridge that is no longer a drawbridge. This Final Rule seeks to update the Code of Federal Regulations by removing language that governs the Ogeechee River. This change does not affect waterway or land traffic. jspears on DSK121TN23PROD with RULES1 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). VerDate Sep<11>2014 16:17 Nov 04, 2021 Jkt 256001 This regulatory action determination is based on the fact that the waterway is designated as Advanced Approved, the railroad bridge is being converted to a fixed bridge and the highway bridge was removed from the waterway. The removal of the operating schedule from 33 CFR 117 Subpart B will have no effect on the movement of waterway or land traffic. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 final rule would 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 61067 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. E:\FR\FM\05NOR1.SGM 05NOR1 61068 Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations 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; Department of Homeland Security Delegation No. 0170.1. § 117.367 ■ [Removed] 2. Remove § 117.367. Dated: October 29, 2021. Brendan C. McPherson, Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh District. [FR Doc. 2021–24087 Filed 11–4–21; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2021–0745] RIN 1625–AA00 Safety Zone; Potomac River, Between Charles County, MD and King George County, VA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is revising a temporary safety zone that was established for certain waters of the Potomac River. This action is necessary to provide for the safety of persons, and the marine environment from the potential safety hazards associated with construction operations at the new Governor Harry W. Nice/Senator Thomas ‘‘Mac’’ Middleton Memorial (US–301) Bridge, which will occur from 7 a.m. on November 2, 2021, through 8 jspears on DSK121TN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 17:08 Nov 04, 2021 Jkt 256001 p.m. on December 31, 2021. This rule will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port, Sector Maryland-National Capital Region or a designated representative. DATES: This rule is effective without actual notice from November 5, 2021 through December 31, 2021. For the purposes of enforcement, actual notice will be issued from November 2, 2021, until November 5, 2021. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2021– 0745 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to respond to the potential safety hazards associated with construction operations at the new Governor Harry W. Nice/Senator Thomas ‘‘Mac’’ Middleton Memorial (US–301) Bridge conducted within the federal navigation channel. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The COTP has determined that potential hazards associated with bridge construction starting November 2, 2021, will be a safety concern for anyone within the federal navigation channel at the new Governor Harry W. Nice/Senator FOR FURTHER INFORMATION CONTACT: If Thomas ‘‘Mac’’ Middleton Memorial you have questions on this rule, call or (US–301) Bridge construction site. This email LCDR Samuel Danus, Sector Maryland-NCR, Waterways Management rule is needed to protect personnel, vessels, and the marine environment in Division, U.S. Coast Guard: telephone 410–576–2519, email Samuel.M.Danus@ the navigable waters within the safety zone while the bridge is being uscg.mil. constructed. SUPPLEMENTARY INFORMATION: IV. Discussion of Comments, Changes, I. Table of Abbreviations and the Rule CFR Code of Federal Regulations As noted above, we received 5 COTP Captain of the Port comments to the rule. Two commenters DHS Department of Homeland Security expressed their support of the zone, FR Federal Register including the temporary safety zone’s § Section importance to protecting the marine TFR Temporary Final Rule U.S.C. United States Code environment. We concur, as stated in Section III, the rule is needed to protect II. Background Information and personnel, vessels, and the marine Regulatory History environmental in the navigable waters On September 10, 2021, Skanskawithin the safety zone. Corman-McLean, Joint Venture, notified The remaining 3 comments were the Coast Guard that the company will provided by the bridge contractor, continue to set 200-ton pre-cast fender Skanska-Corman-McLean, Joint Venture, ring elements at the new Governor who provided revised dates for work Harry W. Nice/Senator Thomas ‘‘Mac’’ requiring the continuous 24/7 Middleton Memorial (US–301) Bridge at enforcement of the zone for certain Piers 43 and 44, which are adjacent on periods. One comment stated that the either side of the federal navigation contruction of protective fender rings channel from September 13, 2021 around Piers 43 and 44, on either side through December 31, 2021. In of the federal channel, was scheduled to response, on September 17, 2021, the occur October 25, 2021, through October Coast Guard issued a TFR; request for 29, 2021. However, the contractor comments, Safety Zone; Potomac River, provided a subsequent comment, eight Between Charles County, MD and King days later that revised the dates for this George County, VA (86 FR 52826). activity to 7 a.m. on November 4, 2021, There, we stated why we issued the through 8 p.m. on November 6, 2021, TFR, and invited comments on our and 7 a.m. November 8, 2021, through regulatory action related to this bridge 8 p.m. November 10, 2021. In addition, construction activity due to the duration the final comment provided by the of the rule. During the comment period bridge contractor stated work required that ended October 25, 2021, we to set structural steel across the federal received 5 comments. The Coast Guard channel, originally scheduled to occur has amended this rule based on these in November 2021, is now scheduled to comments. occur 7 a.m. on December 6, 2021 Under 5 U.S.C. 553(d)(3), the Coast through 8 p.m. on December 18, 2021. Based on the comments provided by Guard finds that good cause exists for the contractor, the Coast Guard is making this amended rule effective less PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61066-61068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24087]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2021-0596]
RIN 1625-AA09


Drawbridge Operation Regulation; Ogeechee River, Richmond Hill, 
GA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is removing the existing drawbridge operation 
regulation for the Ogeechee River. The District Bridge Manager has 
determined that the waterway at mile 30.7, is an Advance Approved 
Waterway per the regulation. The railroad bridge at mile, 30.7 is being 
converted to a fixed bridge and the highway bridge at mile, 37.8 was 
removed from the waterway. The drawbridge operating regulation for the 
Ogeechee River is no longer applicable or necessary.

DATES: This rule is effective November 5, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0596. In the ``SEARCH'' box and click ``SEARCH.'' In the Document 
Type column, select ``Supporting & Related Material''.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Ms. Jennifer Zercher, Bridge Management Specialist, 
Seventh Coast Guard District, telephone 305-415-6740, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
Pub. L. Public Law
Sec.  Section
GA Georgia
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the waterway at mile 30.7 was 
designated as an Advance Approved Waterway in June 2021. The Seaboard 
System Railroad Bridge, mile 30.7, has not had a request to open in the 
past 40 years, is being rehabilitated and converted to a fixed bridge. 
The Highway Bridge, mile 37.8, was removed from the waterway. 
Therefore, regulation 33 CFR 117.367 is no longer applicable and shall 
be removed from publication. It is unnecessary to publish an NPRM 
because this regulatory action does not purport to place any 
restrictions on mariners but rather removes a restriction that has no 
further use or value.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. The waterway is designated as 
Advance Approved, the Highway Bridge was removed from the waterway and 
the Seaboard System Railroad Bridge is

[[Page 61067]]

being rehabilitated and converted to a fixed bridge. This rule merely 
requires an administrative change to the Federal Register, in order to 
omit a regulatory requirement that is no longer applicable or 
necessary. Therefore, a delayed effective date is unnecessary.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Ogeechee River at mile 30.7, was designated as an Advance 
Approved Waterway per 33 CFR 115.70 in June 2021. The Seaboard System 
Railroad Bridge, mile 30.7, is being coverted to a fixed bridge and the 
Highway Bridge, mile 37.8, was removed from the waterway. The Advance 
Approved determination and the elimination of the removable span 
necessitates the removal of drawbridge operation regulation, 33 CFR 
117.367, which pertains to the waterway and the former drawbridges.
    The purpose of this rule is to remove 33 CFR 117.367 which refers 
to the Ogeechee River, from the Code of Federal Regulations since the 
waterway is designated as an Advance Approved Waterway at mile 30.7, 
the railroad bridge it governs is no longer able to be opened and the 
highway bridge was removed from the waterway.

IV. Discussion of Final Rule

    The Coast Guard is removing regulation 33 CFR 117.367 and the 
regulatory burden related to the draw operations for a bridge that is 
no longer in existence and a bridge that is no longer a drawbridge. 
This Final Rule seeks to update the Code of Federal Regulations by 
removing language that governs the Ogeechee River. This change does not 
affect waterway or land traffic.

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 fact that the 
waterway is designated as Advanced Approved, the railroad bridge is 
being converted to a fixed bridge and the highway bridge was removed 
from the waterway. The removal of the operating schedule from 33 CFR 
117 Subpart B will have no effect on the movement of waterway or land 
traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 final rule would 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.

[[Page 61068]]

    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; Department of Homeland 
Security Delegation No. 0170.1.


Sec.  117.367  [Removed]

0
2. Remove Sec.  117.367.

    Dated: October 29, 2021.
Brendan C. McPherson,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Seventh 
District.
[FR Doc. 2021-24087 Filed 11-4-21; 8:45 am]
BILLING CODE 9110-04-P