[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Rules and Regulations]
[Pages 18445-18447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07436]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0235]
RIN 1625-AA09


Drawbridge Operation Regulation; Indiana Harbor Canal, East 
Chicago, IN

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Elgin, Joliet, and Eastern Railroad Bridge, mile 0.68, and 
the Elgin, Joliet, and Eastern Railroad Bridge, mile 1.89, both over 
the Indiana Harbor Canal near the town of East Chicago, IN. Canadian 
National, the owner and operator of these bridges has requested to stop 
continual drawtender service to both bridges and operate the bridges 
only while trains are crossing the bridge.

DATES: This rule is effective May 10, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0235 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 216-902-6085, email 
[email protected].

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)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 5, 2020, we published in the Federal Register (85 FR 
47328) a notice of proposed rulemaking. There we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action. 
During the 60-day comment period, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    All drawbridges over the Indiana Harbor Canal are required to open 
on signal and there are no previous rulemakings to discuss. The Elgin, 
Joliet, and Eastern Railroad Bridge, mile 0.68, and the Elgin, Joliet, 
and Eastern Railroad Bridge, mile 1.89, both over the Indiana Harbor 
Canal, currently open on signal and are manned by a drawtender at each 
bridge.

IV. Discussion of Final Rule

    This rule will establish the procedures to move the bridges to 
allow rail traffic to cross the bridge while giving notice to the 
vessels transiting the waterway that the bridge will be lowering. Ten 
minutes before the bridge is lowered for train traffic a crewmember 
from the train will initiate a SECURITE call on VHF-FM Marine Channel 
16 that the bridge will be lowering for train traffic and invite any 
concerned mariners to contact the crewmember on VHF-FM Marine Channel 
12. The crewmember will also visually monitor for vessel traffic and 
listen for the standard bridge opening signal of one prolonged blast 
and one short blast from vessels already transiting the waterway. After 
the ten

[[Page 18446]]

minute warning, another SECURITE shall be made on VHF-FM Marine Channel 
16 that the bridge will be lowering for rail traffic, five minutes 
before lowering. Once the draw tender is satisfied that it is safe, the 
bridge will be lowered for rail traffic. Once the rail traffic has 
cleared the bridge, the bridge shall be raised and locked in the fully 
open to navigation position.
    We did not receive any comments and do not intend to change 
anything from the published NPRM.

V. Regulatory Analyses

    The Coast Guard has 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 because the bridge will only be 
lowered for train traffic.

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 received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this 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 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 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 agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

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, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble. We published an NPRM in the Federal Register (85 FR 
47328) with a 60-day comment period and did not receive any comments.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, 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, 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.

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:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  117.400 to read as follows:


Sec.  117.400   Indiana Harbor Canal.

    (a) Elgin, Joliet, and Eastern Railroad Bridge, 0.68, over the 
Indiana Harbor Canal need not have a drawtender in continued attendance 
at the bridge. Ten

[[Page 18447]]

minutes before the bridge is lowered for train traffic a crewmember 
from the train will initiate a SECURITE call on VHF-FM Marine Channel 
16 that the bridge will be lowering for train traffic and invite any 
concerned mariners to contact the crewmember on VHF-FM Marine Channel 
12. The crewmember will also visually monitor for vessel traffic and 
listen for the standard bridge opening signal of one prolonged blast 
and one short blast from vessels already transiting the waterway. After 
the ten minute warning, another SECURITE shall be made on VHF-FM Marine 
Channel 16 that the bridge will be lowering for rail traffic, five 
minutes before lowering. Once the draw tender is satisfied that it is 
safe, the bridge will be lowered for rail traffic. Once the rail 
traffic has cleared the bridge, the bridge shall be raised and locked 
in the fully open to navigation position.
    (b) Elgin, Joliet, and Eastern Railroad Bridge, mile 1.89, over the 
Indiana Harbor Canal need not have a drawtender in continued attendance 
at the bridge. Ten minutes before the bridge is lowered for train 
traffic a crewmember from the train will initiate a SECURITE call on 
VHF-FM Marine Channel 16 that the bridge will be lowering for train 
traffic and invite any concerned mariners to contact the crewmember on 
VHF-FM Marine Channel 12. The crewmember will also visually monitor for 
vessel traffic and listen for the standard bridge opening signal of one 
prolonged blast and one short blast from vessels already transiting the 
waterway. After the ten minute warning, another SECURITE shall be made 
on VHF-FM Marine Channel 16 that the bridge will be lowering for rail 
traffic, five minutes before lowering. Once the crewmember is satisfied 
that it is safe, the bridge will be lowered for rail traffic. Once the 
rail traffic has cleared the bridge, the bridge shall be raised and 
locked in the fully open to navigation position.

D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07436 Filed 4-8-21; 8:45 am]
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