[Federal Register: November 9, 2004 (Volume 69, Number 216)]
[Proposed Rules]
[Page 64875-64877]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no04-24]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-04-040]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Iowa and
Illinois
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulation governing
the Clinton Railroad Drawbridge, Mile 518.0, Upper Mississippi River,
at Clinton, Iowa. The drawbridge would open on signal if at least 24
hours advance notice is given from 7:30 a.m., on December 15, 2004,
until 7:30 a.m. on March 1, 2005. This proposed rule would allow time
for making upgrades to critical mechanical components and perform
scheduled annual maintenance and repairs.
DATES: Comments and related material must reach the Coast Guard on or
before December 9, 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-
040), 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 September 7, 2004, the Union Pacific Railroad Company requested
a temporary change to the operation of the Clinton Railroad Drawbridge
across the Upper Mississippi River, Mile 518.0 at Clinton, Iowa to open
on signal if at least 24 hours advance notice is given to facilitate
critical bridge repair and annual maintenance. Advance notice may be
given by calling the Clinton Yardmaster's office at (563) 244-3204 at
any time; or (563) 244-3269 weekdays between 7 a.m. and 3:30 p.m.; or
Mr. Tomaz Gawronski, office (515) 263-4536 or cell phone (515) 229-
2993.
[[Page 64876]]
The Clinton Railroad Drawbridge navigation span has a vertical
clearance of 18.7 feet above normal pool in the closed to navigation
position. 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 Union Pacific
Railroad Company requested the drawbridge be permitted to remain
closed-to-navigation from 7:30 a.m., December 15, 2004 until 7:30 a.m.,
March 1, 2005, unless 24 hours advance notice is given of the need to
open. Winter conditions on the Upper Mississippi River coupled with the
closure of Rock Island Railroad & Highway Drawbridge, Mile 482.9, Upper
Mississippi River, at Rock Island, Illinois will preclude any
significant navigation demands for the drawspan opening. The Clinton
Railroad Drawbridge, Mile 518.0 Upper Mississippi River is located
upstream from the Rock Island Railroad & Highway Drawbridge. Performing
maintenance on the bridge during the winter, when the number of vessels
likely to be impacted is minimal, is preferred to bridge closure or
advance notification requirements during the navigation season. This
temporary change to the drawbridge's operation has been coordinated
with the commercial waterway operators.
Regulatory Evaluation
This rulemaking 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 Clinton Railroad 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 Clinton,
Iowa 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 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
[[Page 64877]]
does not require a Statement of Energy Effects under Executive Order
13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
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 7:30 a.m., December 15, 2004 until 7:30 a.m. March 1, 2005,
in Sec. 117.671 add new paragraph (c) to read as follows:
Sec. 117.671 Upper Mississippi River.
* * * * *
The Clinton Railroad Drawbridge, Mile 518.0, Upper Mississippi
River at Clinton, Iowa shall open on signal if at least 24 hours notice
is given. Notice may be given by calling Clinton Yardmaster's office at
(563) 244-3204 at anytime; or (563) 244-3269 weekdays between 7 a.m.
and 3:30 p.m.; or Mr. Tomaz Gawronski, office (515) 263-4536 or cell
phone (515) 229-2793.
Dated: October 27, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-24972 Filed 11-8-04; 8:45 am]
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