[Federal Register: October 21, 2004 (Volume 69, Number 203)]
[Proposed Rules]
[Page 61770-61771]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc04-14]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 61770]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-04-033]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Iowa and
Illinois
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulation governing
the Rock Island Railroad & Highway Drawbridge, across the Upper
Mississippi River at Mile 482.9, at Rock Island, Illinois. The
drawbridge need not open for river traffic and may remain in the
closed-to-navigation position from 7 a.m., December 15, 2004, until 8
a.m., March 15, 2005. This proposed rule would allow time for making
upgrades to critical mechanical components and perform scheduled annual
maintenance/repairs.
DATES: Comments and related material must reach the Coast Guard on or
before November 22, 2004.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District, Bridge Branch, 1222 Spruce Street, St.
Louis, MO 63103-2832. Commander (obr) maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at room 2.107f in the Robert A. Young Federal
Building, Eighth Coast Guard District, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 539-3900, extension 2378.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD08-04-
033), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
that they reached us, please enclose a stamped, self-addressed postcard
or envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Eighth Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
On August 12, 2004, the Department of the Army Rock Island Arsenal
requested a temporary change to the operation of the Rock Island
Railroad & Highway Drawbridge across the Upper Mississippi River, Mile
482.9 at Rock Island, Illinois to allow the drawbridge to remain in the
closed-to-navigation position for 89 consecutive days for critical
repairs and annual maintenance. Navigation on the waterway consists
primarily of commercial tows and recreational watercraft and will not
be significantly impacted due to the reduced navigation in winter
months. Presently, the draw opens on signal for passage of river
traffic. The Rock Island Arsenal requested the drawbridge be permitted
to remain closed-to-navigation from 7 a.m., December 15, 2004, until 8
a.m., March 15, 2005.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The Coast Guard expects that this temporary change to operation of
the Rock Island Railroad & Highway Drawbridge will have minimal
economic impact on commercial traffic operating on the Upper
Mississippi River. This temporary change has been written in such a
manner as to allow for minimal interruption of the drawbridge's regular
operation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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. This proposed rule will have a negligible impact on vessel
traffic. The primary users of the Upper Mississippi River in Rock
Island, Illinois are commercial towboat operators. With the onset of
winter conditions most activity on the Upper Mississippi River is
curtailed and there are few, if any, significant navigation demands for
opening the drawspan.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
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
[[Page 61771]]
understanding this proposed rule so that they could better evaluate its
effects on them and participate in the rulemaking. 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 Mr. Roger K. Wiebusch, Bridge Administrator,
Eighth Coast Guard District, Bridge Branch, at (314) 539-3900,
extension 2378.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule will not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and does not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. Paragraph 32(e) excludes the promulgation
of operating regulations or procedures for drawbridges from the
environmental documentation requirements of the National Environmental
Policy Act (NEPA). Since this proposed regulation would alter the
normal operating conditions of the drawbridge, it falls within this
exclusion. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From 7 a.m., December 15, 2004 until 8 a.m. March 15, 2005,
temporarily add new Sec. 117.T394 to read as follows:
Sec. 117.T394 Upper Mississippi River.
The Rock Island Railroad and Highway Drawbridge, mile 482.9, at
Rock Island, Illinois, need not open for river traffic and may be
maintained in the closed-to-navigation position.
Dated: October 1, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-23545 Filed 10-20-04; 8:45 am]
BILLING CODE 4910-15-P