Rule2021-25268
Drawbridge Operation Regulation; Indiana Harbor Canal, East Chicago, IN
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
November 19, 2021
Effective
December 20, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is altering the operating schedule that governs the Indianapolis Boulevard Bridge, mile 2.59, over the Indiana Harbor Canal at East Chicago, Indiana. Indiana Department of Transportation, the owner and operator of the bridge, has requested to stop continual drawtender service to the bridge due to a lack of openings.
Full Text
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<title>Federal Register, Volume 86 Issue 221 (Friday, November 19, 2021)</title>
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[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 64817-64819]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25268]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2021-0332]
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 altering the operating schedule that
governs the Indianapolis Boulevard Bridge, mile 2.59, over the Indiana
Harbor Canal at East Chicago, Indiana. Indiana Department of
Transportation, the owner and operator of the bridge, has requested to
stop continual drawtender service to the bridge due to a lack of
openings.
DATES: This rule is effective December 20, 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-
2021-0332 in the ``SEARCH'' box and click ``SEARCH.'' In the Document
Type column, select ``Supporting & Related Material.''
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#fbb79e9ed5bfd5a8948e979ebb8e88989cd5969297"><span class="__cf_email__" data-cfemail="99d5fcfcb7ddb7caf6ecf5fcd9eceafafeb7f4f0f5">[email protected]</span></a>.
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
INDOT Indiana Department of Transportation
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
Sec. Section
USACE United States Army Corps of Engineers
U.S.C. United States Code
USEPA United States Environmental Protection Agency
II. Background Information and Regulatory History
On July 28, 2021, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Drawbridge Operation Regulation; Indiana
Harbor Canal, East Chicago, IN,'' in the Federal Register (86 FR
40388). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to this regulatory change.
During the comment period that ended on September 27, 2021, we did not
receive any comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Indianapolis Boulevard Bridge, mile 2.59, over the Indiana
Harbor Canal is a double leaf bascule bridge that provides a horizontal
clearance of 68-feet and a vertical clearance of 12-feet in the closed
position with an unlimited vertical clearance in the open position
based on low water datum (LWD). The Indianapolis Boulevard Bridge, mile
2.59, over the Indiana Harbor Canal is required to open on signal, and
there are no previous rulemakings for this bridge to discuss. The
Indiana Harbor Canal is a 3-mile long commercial waterway that serves
several industries near the City of East Chicago, Indiana, including
the largest integrated steelmaking facility in North America and the
1,400 acre Whiting Refinery that includes the site of the former 1889
Standard Oil of
[[Page 64818]]
Indiana refinery at the head of navigation. The Indianapolis Boulevard
Bridge, mile 2.59, over the Indiana Harbor Canal is the last drawbridge
before the head of navigation. Once the 1889 Standard Oil of Indiana
refinery was torn down the bridge lost its purpose for regular
openings, and the waterway silted in around the bridge preventing
vessels from approaching. Approximately thirty years after the removal
of the refinery, the U.S. Environmental Protection Agency (EPA) and the
U.S. Army Corps of Engineers (USACE) partnered to remove polluted
sediments form the waterway and established a contaminated dredge
spoils area above the bridge. The EPA and USACE contracted dredging
company is working a few weeks each season and is the only commercial
vessel requesting the bridge to open. There are no records of
recreational vessels using the Indiana Harbor Canal.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 60 days and no
comments were received.
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.
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 (Public Law 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:
[[Page 64819]]
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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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.
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2. In Sec. 117.400, add paragraph (c) to read as follows:
Sec. 117.400 Indiana Harbor Canal.
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(c) The Indianapolis Boulevard Bridge, mile 2.59, at East Chicago,
shall open on signal if at least twelve hours' notice is given.
M.J. Johnston.
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-25268 Filed 11-18-21; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on November 19, 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.