Federal Register - March 31, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules
we want to assist small entities in understanding this proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.
C. Collection of Information This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 44
U.S.C. 35013520..
D. Federalism and Indian Tribal Governments 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 proposed 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 proposed rule does not have tribal implications under Executive Order 13175 Consultation and Coordination with Indian Tribal Governments because it would 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.
If you believe this proposed rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
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E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 2 U.S.C. 15311538 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 proposed rule will not result in such an expenditure, the Coast Guard does discuss the effects of this proposed rule elsewhere in this preamble.
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F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 02301, 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 NEPA42 U.S.C. 4321
4370f and have made. 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 proposed rule promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under paragraph L49, of Chapter 3, Table 31 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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.
V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period.
Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking Portal at https
www.regulations.gov. If your material cannot be submitted using https
www.regulations.gov, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
We accept anonymous comments. All comments received will be posted without change to https
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www.regulations.gov and will include any personal information you have provided. For more about privacy and submissions in response to this document, see DHSs eRulemaking System of Records notice 85 FR 14226, March 11, 2020.
Documents mentioned in this NPRM
as being available in this docket and all public comments, will be in our online docket at https www.regulations.gov and can be viewed by following that websites instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows:
PART 117DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.051;
Department of Homeland Security Delegation No. 0170.1.
2. Revise 117.105 to read as follows:
117.105
Bayou Sara.
a The draw of the CSX
Transportation Railroad bridge, mile 0.1
near Saraland, AL shall be remotely operated by the bridge operator at CSXs bridge remote control center in Mobile, Alabama.
Closed Circuit TVs, infrared detectors, communications systems and information technology systems have been installed at the bridge. Vessels can contact the CSX bridge operator via VHFFM channel 13 or by telephone at the number displayed on the signs posted at the bridge to request an opening of the draw.
b CSX will return the operator to the bridge location within 3 hours following any of the below situations:
1 Any component of the remote operations system fails and prevents the remote operator from being able to visually identify vessels, communicate with vessels, detect vessels immediately underneath the bridge or visually identify trains approaching the bridge.
2 CSX fails to meet Federal Railway Administration FRA or any other government agency safety requirements.
3 Anytime that CSX procedures, equipment or operators fail to safely open and close the bridge fail.
4 Anytime at the direction of the District Commander.
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