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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Proposed Rules
V. Regulatory Analyses We developed this proposed rule after considering numerous statutes and Executive Orders related to rulemaking.
Below we summarize our analyses based on these statutes and Executive Orders and we discuss First Amendment rights of protestors.
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 SNPRM has not been designated a significant regulatory action, under Executive Order 12866. Accordingly, the SNPRM has not been reviewed by the Office of Management and Budget.
OMB.
This regulatory action determination is based on the ability that vessels can continue to transit the bridge at designated times throughout the day and when trains are not crossing or when a vessel is in distress.

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B. Impact on Small Entities The Regulatory Flexibility Act of 1980
RFA, 5 U.S.C. 601612, 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.
605b that this proposed rule would 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 proposed rule would not have a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment see ADDRESSES explaining why you think it qualifies and how and to what degree this rule would economically affect it.
Under section 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental
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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 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 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.
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, we do discuss the effects of this proposed rule elsewhere in this preamble.
F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 02301, Rev. 1,
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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 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.
VI. 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
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
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