Rule2021-20839
Drawbridge Operation Regulation; Rainy River, Rainy Lake and Their Tributaries, Rainier, MN
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 27, 2021
Effective
October 27, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 184 (Monday, September 27, 2021)</title>
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[Federal Register Volume 86, Number 184 (Monday, September 27, 2021)]
[Rules and Regulations]
[Pages 53217-53218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20839]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2020-0033]
RIN 1625-AA09
Drawbridge Operation Regulation; Rainy River, Rainy Lake and
Their Tributaries, Rainier, MN
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type USCG-
2020-0033 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
<a href="/cdn-cgi/l/email-protection#0f436a6a214b215c607a636a4f7a7c6c6821626663"><span class="__cf_email__" data-cfemail="1f537a7a315b314c706a737a5f6a6c7c7831727673">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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
Sec. 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 on May 1, 2020, to
midnight on October 15, 2020. Due to COVID-19 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.
[[Page 53218]]
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 did not receive any 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.
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. Revise Sec. 117.664 to read as follows:
Sec. 117.664 Rainy River, Rainy Lake and their tributaries.
The draw of the Canadian National Railroad Bridge, mile 85.0, at
Rainer, MN may operate remotely, and shall open on signal; except that,
from October 16 to April 30, the draw shall open on signal if at least
12-hours advance notice is provided. The commercial phone number to
provide advance notice shall be posted on the bridge so that it is
plainly visible to vessel operators approaching the up or downstream
side of the bridge. The owners of the bridge shall provide and keep in
good legible condition two board gauges painted white with black
figures to indicate the vertical clearance under the closed draw at all
water levels. The gauges shall be so placed on the bridge that they are
plainly visible to operators of vessels approaching the bridge either
up or downstream. The bridge shall operate and maintain a VHF-FM Marine
Radio.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-20839 Filed 9-24-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 27, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.