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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations holidays the bridges will open on signal if a 2-hour advance notice is provided.
2 The draws of all other bridges across the Menomonee River and South Menomonee Canal 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: North Plankinton Avenue, mile 1.08, North Sixth Street, mile 1.37, and North Ember Lane, mile 1.95, all over the Menomonee River and South Sixth Street, mile 1.51, over the South Menomonee Canal.
4 No vessel documented over 12
tons 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 Menomonee River and South Menomonee Canal will open on signal if a 12-hour advance notice is provided.
c The draws of bridges across the Kinnickinnic River operate as follows:
1 The draw of the Kinnickinnic Avenue bridge, mile 1.5, 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 holidays, the bridges will open on signal if a 2hour advance notice is provided.
2 The draws of all other bridges across the Kinnickinnic 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: The South First Street Bridge, mile 1.78.
4 No vessel documented over 12
tons 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 Kinnickinnic River will open on signal if a 12-hour advance notice is provided.
d The Canadian Pacific Railroad Bridge at Mile 1.74 over the Burnham Canal, and the Sixteenth Street Bridge, mile 2.14, over the Menomonee River
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are closed by regulation and do not need to open for the passage of vessels.
M.J. Johnston, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
FR Doc. 202120841 Filed 92421; 8:45 am BILLING CODE 911004P

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 117
Docket No. USCG20200033
RIN 1625AA09

Drawbridge Operation Regulation;
Rainy River, Rainy Lake and Their Tributaries, Rainier, MN
Coast Guard, Department of Homeland Security DHS.
ACTION: Final rule.
AGENCY:

The Coast Guard is altering the regulation for the Canadian National Railroad Bridge, mile 85.0, across the Rainy River to allow it to operate remotely. The request was made by the bridge owner. The bridge will continue to open on signal.
DATES: This rule is effective October 27, 2021.
ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https
www.regulations.gov. Type USCG
20200033 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 216902
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 NPRM Notice of Proposed Rulemaking Advance, Supplemental OMB Office of Management and Budget Section U.S.C. United States Code
II. Background Information and Regulatory History On October 16, 2020, we published a notice of temporary deviation in the Federal Register 85 FR 19658 from regulations; request for comments. This deviation was effective from midnight
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on May 1, 2020, to midnight on October 15, 2020. Due to COVID19 Staffing, an issue publishing was delayed; but we utilized local stakeholder and Local Notice to Mariner outreach to solicit comments. We did not receive any comments. On July 6, 2021, we published in the Federal Register 86
FR 23880 a notice of proposed rulemaking and we received no comments during the 60-day comment period.
III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. Rainy River and Rainy Lake serve as the border between the United States of America and Canada. This bridge is a single leaf, bascule type railroad bridge that provides a horizontal clearance of 125 feet. The water level on Rainy Lake and under the bridge is controlled by a hydro-electric dam facility at International Falls, Minnesota, thus charted datum is based on the water level surface of Rainy Lake when the gauge at Fort Frances, Canada, reads 1107.0 feet resulting in a variable vertical clearance of 6 to 10 feet in the closed position. The railroad bridge carries significant train traffic across the international border. Rainer, Minnesota, is a customs port-of-entry.
IV. Discussion of Comments, Changes and the Final Rule As discussed in section II we published two documents in the Federal Register soliciting comments from the public and did not receive any comments.
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 ability that vessels can still transit the bridge given advanced notice or on signal depending on the season.

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