Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 7945 

of the DoD-level Privacy rule published 

on April 11, 2019 at 84 FR 14728– 

14811. 

This rule is not significant under 

Executive Order 12866, ‘‘Regulatory 

Planning and Review.’’ 

List of Subjects in 32 CFR Part 313 

Privacy. 

PART 313—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 313 is removed. 

Dated: February 8, 2022. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2022–02940 Filed 2–10–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0035] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Chicago River, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the Dearborn 

Street Bridge, mile 1.13, over the Main 

Branch of the Chicago River at Chicago, 

Illinois. During this maintenance 

period, the bridge need only operate one 

leaf while the other leaf remains secured 

to masted navigation. Vessels able to 

pass under the bridge without an 

opening may do so at any time. 

DATES: This temporary final rule is 

effective from 11:59 p.m. on February 

13, 2022 through 12 p.m. on November 

1, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type USCG– 

2022–0035 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 temporary 

final 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 

IGLD 85 International Great Lakes Datum of 

1985 LWD Low Water Datum based on 

IGLD 85 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b), the Coast Guard finds that good 

cause exists for not publishing a notice 

of proposed rulemaking (NPRM) with 

respect to this rule because it is 

impracticable, as the Coast Guard did 

not receive details for the maintenance 

event until January 20, 2022. There was 

insufficient time to undergo a full 

rulemaking process, including 

providing a reasonable comment period 

and considering those comments 

because the bridge is scheduled to start 

repairs on February 13, 2022. Delaying 

repairs would negatively impact public 

safety. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making it effective in less than 30 days 

after publication in the Federal 

Register. Delaying the effective date 

would be contrary to the public interest, 

as the public interest in initiating 

repairs to the bridge on time outweighs 

the potential burden the closure will 

place on waterway users. Most vessels 

that require an opening only need one 

leaf of the bridge to open to safely pass. 

Further, as necessary, vessels can detour 

through the Calumet River and arrive at 

the same destination. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The Dearborn Street Bridge, mile 1.13, 

spans the Main Branch of the Chicago 

River at Chicago, Illinois. The Dearborn 

Street Bridge, mile 1.13, over the Main 

Branch of the Chicago River provides a 

horizontal clearance of 200 feet and a 

vertical clearance of 22 feet above LWD. 

The bridges of Chicago are historic and 

all of them are over 100 years old and 

require frequent maintenance and 

repairs that occur with little warning. 

Typically, these repairs must be 

attended to immediately to protect the 

health and welfare of pedestrians 

crossing the bridges each day. The 

current bridge regulations for the 

Chicago River are contained in 33 CFR 

117.391 and allows the bridges to open 

on signal if a 12-hour advance notice is 

provided by commercial vessels and a 

20-hour advance notice by recreational 

vessel during posted times. The Chicago 

River bridges operate infrequently as 

almost all vessels can pass through the 

bridges without an opening. The 

exceptions are recreational sailing 

vessels that pass the bridge in City of 

Chicago sponsored flotillas twice a year 

that can pass safely with one leaf open. 

Commercial vessels transits that require 

both bridge leafs to open are rare, 

occurring less than once a month on 

average. All vessels have the 

opportunity to detour through the 

Calumet River. 

IV. Discussion of the Rule 

This rule establishes a temporary 

change to the operation of the Dearborn 

Street Bridge, mile 1.13, over the Main 

Branch of the Chicago River at Chicago, 

Illinois. During the period from 

February 13, 2022 through November 1, 

2022, the Dearborn Street Bridge, mile 

1.13, need only operate one leaf for the 

passage of vessels, while the other leaf 

is secured to masted navigation for 

maintenance. The effect of not 

performing the maintenance would be 

to deny the bridge to an estimated 

10,000 persons commuting to work 

daily if repairs and required 

maintenance are not started in a timely 

manner. 

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 


lotter on DSK11XQN23PROD with RULES1
7946 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 

still transit the bridge through one leaf 

and that most vessels can pass under the 

bridge without an opening. 

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. 

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 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.391, effective from 11:59 

p.m. on February 13, 2022 through 12 

p.m. on November 1, 2022, temporarily 

add paragraph (f) to read as follows: 

* * * * * 

(f) The Dearborn Street Bridge, mile 

1.13, need only operate one leaf for the 

passage of vessels, while the other leaf 

is secured to masted navigation for 

maintenance. 

* * * * * 

M.J. Johnston, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2022–02910 Filed 2–10–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–00596] 

Safety Zone; Recurring Events in 

Captain of the Port Duluth Zone— 

Pointe to La Pointe Swim 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone for the Pointe to La 

Pointe Swim event in Bayfield, WI. This 

action is necessary to protect 

participants and spectators during the 

event. During the enforcement period, 

entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or a designated on-scene 

representative. 

DATES: The regulation listed in 33 CFR 

165.943(a)(9) will be enforced as listed 

in Table 1 to 33 CFR 165.943 from 7 

a.m. through 11 a.m. on August 6, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email LTJG Joseph McGinnis, 


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