43914 Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 

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 safety 

zone 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 call or email 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 will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

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 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

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 involves a 

special local regulation lasting eight 

hours for four days that will prohibit 

entry on a six mile stretch of the Ohio 

River. It is categorically excluded from 

further review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T08–0550 to read as 

follows: 

§ 100.T08–0550 Owensboro, KY. Ohio 

River. 

(a) Regulated area. The regulations in 

this section apply to the following area: 

All navigable waters of the Ohio River 

between mile 754.0 and 760.0 

(b) Regulations. (1) All nonparticipants are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Ohio Valley or their 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by Sector Ohio Valley 

command center at 502–779–5422. 

Those in the regulated area must 

comply with all lawful orders or 

directions given to them by the COTP or 

the designated representative. 

(3) The COTP will provide notice of 

the regulated area through advanced 

notice via broadcast notice to mariners 

and by on-scene designated 

representatives. 

(c) Enforcement period. This section 

will be enforced from 10:30 a.m. 

through 6:30 p.m. on August 12, 2021 

through August 15, 2021. 

Dated: August 3, 2021. 

A.M. Beach, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2021–16999 Filed 8–10–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket Number USCG–2020–0034] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Chicago River, Chicago, IL; Correction 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; correction. 

SUMMARY: The Coast Guard is correcting 

a final rule that appeared in the Federal 

Register on July 30, 2021. The final rule 

announced changes to the Amtrak 

Railroad Bridge, mile 3.77, across the 

South Branch of the Chicago River, at 

Chicago, Illinois. The rule has an 

effective date of August 30, 2021. This 

correction fixes an incorrect amendatory 


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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations 43915 

instruction within that final rule that 

deleted existing regulatory text that 

should not have been deleted. 

DATES: This correction is effective on 

August 30, 2021. 

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 Lee.D.Soule@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Correction 

On July 30, 2021 the Coast Guard 

published a final rule titled 

‘‘Drawbridge Operation Regulation; 

Chicago River, Chicago, IL’’ (86 FR 

40957). In this document, FR Doc. 

2021–15986, appearing on page 40959, 

in the first and second columns, the 

final rule inadvertently deleted what 

was in paragraph (d) and replaced it 

with new text. The Coast Guard did not 

intend to delete the existing text and 

requirements in 117.391(d). Therefore, 

we are correcting the final rule to 

instead add a new paragraph (e) with 

the same regulatory text as was issued 

in the final rule and preserve what has 

been in existing paragraph (d). 

On page 40959, in the first column, in 

part 117, amendatory instruction 

number 2 is corrected to read as follows: 

■ 2. Amend § 117.391 by adding 

paragraph (e) to read as follows: 

§ 117.391 Chicago River. 

* * * * * 

(e) 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. 

* * * * * 

M. T. Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2021–17103 Filed 8–10–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 127, 154, and 156 

[Docket No. USCG–2020–0315] 

RIN 1625–AC61 

Electronic Submission of Facility 

Operations and Emergency Manuals 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: This final rule enables 

regulated facilities to electronically 

submit Operations Manuals and 

Emergency Manuals and electronically 

communicate with the Coast Guard. 

This rule also allows facility operators 

to submit one electronic or printed copy 

of the manuals and one electronic or 

printed copy of the amendments to the 

manuals. Finally, this rule requires the 

regulated facilities to maintain either an 

electronic or a printed copy of each 

required manual in the marine transfer 

area of the facility during transfer 

operations. 

DATES: This rule is effective September 

10, 2021. 

ADDRESSES: To view comments and 

documents mentioned in this preamble 

as being available in the docket, go to 

https://www.regulations.gov, type 

USCG–2020–0315 in the search box and 

click ‘‘Search.’’ Next, in the Document 

Type column, select ‘‘Supporting & 

Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, call or 

email Lieutenant Commander Benjamin 

Mazyck, Coast Guard Division of Cargo 

and Facilities; telephone 202–372–1130, 

email benjamin.d.mazyck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Basis and Purpose, and Regulatory History 

III. Discussion of Comments and Changes 

from the Proposed Rule 

IV. Discussion of the Final Rule 

A. Part 127—Waterfront Facilities 

Handling Liquefied Natural Gas and 

Liquefied Hazardous Gas 

B. Part 154—Facilities Transferring Oil or 

Hazardous Materials in Bulk 

C. Part 156—Oil and Hazardous Material 

Transfer Operations 

D. Technical Revisions Within Part 127 

and Part 154 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

BLS Bureau of Labor Statistics 

CFR Code of Federal Regulations 

CG–FAC U.S. Coast Guard Office of Port 

and Facility Compliance 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

FWPCA Federal Water Pollution Control 

Act 

IT Information technology 

LHG Liquefied Hazardous Gas 

LNG Liquefied Natural Gas 

MISLE Marine Information for Safety and 

Law Enforcement 

MTR facilities Marine TransportationRelated facilities that transfer oil or 

hazardous material in bulk 

NAICS North American Industry 

Classification System 

NEPA National Environmental Policy Act 

NPRM Notice of proposed rulemaking 

OMB Office of Management and Budget 

PIC Person in Charge 

RA Regulatory analysis 

SBA Small Business Administration 

§ Section 

SME Subject matter expert 

UPS United Parcel Service 

U.S.C. United States Code 

II. Basis and Purpose, and Regulatory 

History 

Section 70011 of Title 46 of the 

United States Code (U.S.C.) authorizes 

the Secretary of the Department of 

Homeland Security (DHS) to establish 

procedures, standards, and measures for 

the handling of dangerous substances, 

including oil and hazardous material, to 

prevent damage to any structure on or 

in the navigable waters of the United 

States. Additionally, the Federal Water 

Pollution Control Act (FWPCA), as 

amended and codified in 33 U.S.C. 

1321(j)(5), requires the President to 

establish regulations requiring response 

plans for the prevention of discharges of 

oil and hazardous substances from 

vessels, onshore facilities, and offshore 

facilities. The FWPCA functions in 33 

U.S.C. 1321(j)(5) have been delegated 

from the President to the Secretary of 

the DHS by Executive Order 12777 Sec. 

2(d)(2) (Volume 56 of the Federal 

Register (FR) at Page 54757, Oct. 23, 

1991), as amended by Executive Order 

13286 (68 FR 10619, March 5, 2003). 

The authorities in 33 U.S.C. 1321(j)(5) 

and 46 U.S.C. 70011 (formerly 33 U.S.C. 

1225) have been delegated to the Coast 

Guard under section II, paragraphs 70 

and 73, of DHS Delegation No. 00170.1, 

Revision No. 01.2. 

Title 33 of the Code of Federal 

Regulations (CFR) part 127 requires 

facilities that transfer liquefied natural 

gas (LNG), or liquefied hazardous gas 

(LHG) in bulk, to or from a vessel, to 

maintain both an Operations Manual 

and an Emergency Manual. Similarly, 

part 154 requires facilities that transfer 

oil or hazardous materials in bulk (MTR 

facilities), to or from a vessel with a 

capacity of 39.75 cubic meters (250 

barrels) or more, to maintain an 

Operations Manual. According to 33 

CFR 127.019, 154.300, and 154.325, two 

copies each of the Operations Manual 


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