Federal Register - September 27, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
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 213a of the Small Business Regulatory Enforcement Fairness Act of 1996 Pub. L. 104121, 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 agencys responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1888REGFAIR 18887343247.
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.
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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,
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or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
We did not receive any comments from local Indian tribes during any comment periods for this rule.
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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. We did not receive any comments.
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 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 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.
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:
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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;
and Department of Homeland Security Delegation No. 0170.1.
2. Revise 117.1093 to read as follows:
117.1093 Milwaukee, Menomonee, and Kinnickinnic Rivers and South Menomonee and Burnham Canals.
a The draws of the bridges over the Milwaukee River shall operate as follows:
1 The draws of the North Broadway Street bridge, mile 0.5, and North Water Street bridge, mile 0.6, and Michigan Street bridge, mile 1.1, shall open on signal; except that, from April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal holidays, the draws need not be opened, and from midnight to 7 a.m. Monday through Saturday except Federal holidays the bridges will open on signal if a 2-hour advance notice is provided.
2 The draws of all other bridges across the Milwaukee River shall open on signal if at least 2-hours notice is given except that, from April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal holidays, the draws need not be opened.
3 The following bridges are remotely operated, are required to operate a radiotelephone, and shall open as noted in this section: St. Paul Avenue, mile 1.21, Clybourn Street, mile 1.28, Wells Street, mile 1.61, Kilbourn Street, mile 1.70, State Street, mile 1.79, Highland Avenue, mile 1.97, and Knapp Street, mile 2.14.
4 No vessel documented 12 tons or greater shall be held between any bridge at any time and must be passed as soon as possible.
5 From November 2nd through April 15th, all drawbridges over the Milwaukee River will open on signal if a 12-hour advance notice is provided.
b The draws of bridges across the Menomonee River and South Menomonee Canal operate as follows:
1 The draw of the North Plankinton Avenue bridge across the Menomonee River, mile 1.08, and the Canadian Pacific Railroad bridge, mile 1.05, shall open on signal; except that, from April 16th through November 1st, from 7:30
a.m. to 8:30 a.m. and from 4 p.m. to 5:30
p.m. Monday through Friday, except Federal holidays, the draws need not be opened, and from midnight to 7 a.m.
Monday through Friday except Federal
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