Drawbridge Operation Regulation; Chicago River, Chicago, IL
| Published date | 04 May 2021 |
| Citation | 86 FR 23639 |
| Record Number | 2021-09002 |
| Section | Proposed rules |
| Court | Coast Guard,Homeland Security Department |
23639
Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules
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Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–09045 Filed 5–3–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2020–0034]
RIN 1625–AA09
Drawbridge Operation Regulation;
Chicago River, Chicago, IL
AGENCY
: Coast Guard, DHS.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The Coast Guard proposes to
authorize the Amtrak Railroad Bridge,
mile 3.77, across the South Branch of
the Chicago River, to be operated
remotely and establish an intermediate
opening position. The request was made
by the bridge owner. This proposed rule
will improve vessel flow through the
river. This proposed rule will not
change the operating schedule of the
bridge.
DATES
: Comments and relate material
must reach the Coast Guard on or before
June 3, 2021.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2020–0034 using Federal e-Rulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION
section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this proposed
rule, call or email Mr. Lee D. Soule,
Bridge Management Specialist, Ninth
Coast Guard District; telephone 216–
902–6085, email Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of
1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Amtrak Railroad Bridge, mile
3.77, over the South Branch of the
Chicago River provides a vertical
clearance of 10 feet in the down
position and 65 feet in the open position
above LWD and a horizontal clearance
of 156 feet. The bridge crosses the river
on a slight skew on an ‘‘S’’ curve in the
river requiring longer vessels to use
most of the horizontal clearance for
maneuvering. The South Branch of the
Chicago River is part of a network of
waterways that allow vessels to travel
from Chicago, IL to New Orleans, LA.
Cook County described the Chicago
River as the 5th largest port in the
United States, hosting commercial
vessels over 300 tons, recreational
power and sailing vessels, several
passenger vessels, water taxies, paddle
boats and various paddle craft. Most
vessels can pass under all the bridges in
the Chicago metropolitan area without
an opening, except the Amtrak Bridge.
During an average weekday, 150,000
commuters travel over the Amtrak
Bridge.
In accordance with general bridge
regulations a drawbridge must open
promptly and fully when signaled to
open. Lifting the bridge to 65 feet for
every vessel when most vessels only
need an additional 10 feet of clearance
increases the delay experienced by all
modes of transportation.
The Amtrak Bridge has been operating
remotely for several years without any
concerns for the mariners.
III. Discussion of Proposed Rule
We propose to include in the
regulations that the AMTRAK Bridge is
authorized to operate remotely.
We also propose to allow the bridge
to open to an intermediate position that
will provide a vertical clearance of 34
feet above LWD. A yellow light at the
center of the bridge, visible to vessels
approaching the bridge from both
upriver and downriver sides will verify
the bridge has met the intermediate
height. At any time a vessel with greater
air draft can radio the drawtender and
request a full opening. This proposed
rule is expected to increase bridge
availability to all users by 50%.
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules
On April 8, 2020, we published a
Temporary Deviation in the Federal
Register (85 FR 19659) testing the
remote operation and the intermediate
height and requested comments from
the mariners over the summer boating
season. No comments were received.
IV. 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 NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM 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 without changing
the bridge schedule and keeping the
maximum advertised clearance
available for vessels as needed.
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 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 IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator by keeping the
original schedule and having the
maximum lift available on request.
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 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 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
, above. 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. 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 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 above.
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
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 023–01, U.S.
Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and
U.S. Coast Guard Environmental
Planning Implementation Procedures
(series) which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). We
have made a preliminary determination
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 this action is
categorically excluded from further
review, under paragraph L49, of Chapter
3, Table3–1 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.
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.
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Proposed Rules
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
the docket, visit https://
www.regulations.gov/privacynotice.
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
website’s 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 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;
DHS Delegation No. 0170.1.
■2. Revise § 117.391 by adding
paragraph (d) to read as follows:
§ 117.391 Chicago River.
* * * * *
(d) The Amtrak Bridge, mile 3.77, is
authorized to operate remotely and open
to the intermediate position on signal,
unless a request for a full opening is
received by the drawtender. The bridge
is required to operate a marine radio.
Dated: April 5, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–09002 Filed 5–3–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–HQ–MB–2020–0032;
FF09M21200;212;FXMB1231099BPP0]
RIN 1018–BE34
Migratory Bird Hunting; Proposed
Migratory Bird Hunting Regulations on
Certain Federal Indian Reservations
and Ceded Lands for the 2021–22
Season
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Proposed rule.
SUMMARY
: The U.S. Fish and Wildlife
Service (hereinafter, Service or we)
proposes special migratory bird hunting
regulations for certain Tribes on Federal
Indian reservations, off-reservation trust
lands, and ceded lands for the 2021–22
migratory bird hunting season. In
issuing this proposed rule, we followed
guidelines for a regulatory process that
recognizes the reserved hunting rights
and management authority of Indian
Tribes while also ensuring that the
migratory game bird resource receives
necessary protection.
DATES
:
Written Comments: You must submit
comments on the proposed regulations
by June 3, 2021.
Information Collection Requirements:
If you wish to comment on the
information collection requirements in
this proposed rule, please send your
comments and suggestions on this
information collection by July 6, 2021.
ADDRESSES
:
Written Comments: You may submit
comments on the proposals by one of
the following methods:
•Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments
on Docket No. FWS–HQ–MB–2020–
0032.
•U.S. Mail: Public Comments
Processing, Attn: FWS–HQ–MB–2020–
0032, U.S. Fish and Wildlife Service;
MS: PRB (JAO/3W); 5275 Leesburg Pike;
Falls Church, VA 22041–3803.
We will post all comments on http://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see Public
Comments, below, for more
information).
Information Collection Requirements:
Send your comments and suggestions
on the information collection
requirements to the Service Information
Collection Clearance Officer, U.S. Fish
and Wildlife Service, 5275 Leesburg
Pike, MS: PRB (JAO/3W), Falls Church,
VA 22041–3803 (mail); or Info_Coll@
fws.gov (email). Please reference OMB
Control Number 1018;0171 in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT
:
Jerome Ford, U.S. Fish and Wildlife
Service, Department of the Interior,
(202) 208–1050.
SUPPLEMENTARY INFORMATION
:
Background
Migratory game birds are those bird
species so designated in conventions
between the United States and several
foreign nations for the protection and
management of these birds. Under the
Migratory Bird Treaty Act (16 U.S.C.
703–712), the Secretary of the Interior is
authorized to determine when ‘‘hunting,
taking, capture, killing, possession, sale,
purchase, shipment, transportation,
carriage, or export of any such bird, or
any part, nest, or egg’’ of migratory game
birds can take place and to adopt
regulations for this purpose. These
regulations, which are updated
annually, must give due regard to ‘‘the
zones of temperature and to the
distribution, abundance, economic
value, breeding habits, and times and
lines of migratory flight of such birds’’
(16 U.S.C. 704(a)). The Secretary of the
Interior has delegated to the Service the
lead Federal responsibility for managing
and conserving migratory birds in the
United States; however, migratory bird
management is a cooperative effort of
Federal, State, and Tribal governments.
The Service develops migratory game
bird hunting regulations by establishing
the frameworks, or outside limits, for
season lengths, bag limits, and areas for
migratory game bird hunting.
Special Migratory Bird Hunting
Regulations for Indian Tribes
In response to Tribal requests for
recognition of their reserved hunting
rights and, for some Tribes, recognition
of their authority to regulate hunting by
both Tribal and nontribal hunters on
their reservations, the Service
developed guidelines for establishing
special migratory bird hunting
regulations for Indian Tribes (53 FR
31612, August 18, 1988). The guidelines
include possibilities for:
(1) On-reservation hunting by both
Tribal and nontribal hunters, with
hunting by nontribal hunters on some
reservations to take place within Federal
frameworks but on dates different from
those selected by the surrounding
State(s);
(2) On-reservation hunting by Tribal
members only, outside of the usual
Federal frameworks for season dates and
length, and for daily bag and possession
limits; and
(3) Off-reservation hunting by Tribal
members on ceded lands, outside of
usual framework dates and season
length, with some added flexibility in
daily bag and possession limits.
In all cases, the regulations
established under the guidelines must
be consistent with the March 10 to
September 1 closed season mandated by
the 1916 Convention between the
United States and Great Britain (for
Canada) for the Protection of Migratory
Birds (Treaty). The guidelines apply to
those Tribes having recognized reserved
hunting rights on Federal Indian
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