[Federal Register: December 15, 2004 (Volume 69, Number 240)]
[Rules and Regulations]
[Page 74975-74976]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de04-7]
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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: Final rule.
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SUMMARY: The Coast Guard is changing 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 rule allows time for making upgrades to critical mechanical
components and perform scheduled annual maintenance/repairs.
DATES: This rule is effective 7 a.m., December 15, 2004, until 8 a.m.,
March 15, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of the docket [CGD08-04-033] and are available for inspection
or copying at room 2.107f in the Robert A. Young Federal Building at
Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. Commander (obr), Eighth Coast Guard
District, maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 539-3900, extension 2378.
SUPPLEMENTARY INFORMATION:
Regulatory History
On October 21, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Mississippi River,
Iowa and Illinois in the Federal Register (69 FR 61770). We received no
comment letters on the proposed rule. No public meeting was requested,
and none was held.
Good Cause for Making Rule Effective in Less Than 30 Days
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. This drawbridge requires critical
repairs and annual maintenance that necessitate it to remain in the
closed-to-navigation position for 89 consecutive days. Navigation on
the waterway consists primarily of commercial tows and recreational
watercraft that will not be significantly impacted due to the reduced
navigation in winter months. Thus, it is in the public's interest to
complete these repairs during the winter months. To keep the closure
within the primary winter months this rule must go into effect by
December 15, 2004. Additionally, the closure dates were included in the
NPRM, and no comments were received objecting to the dates.
Background and Purpose
On August 12, 2004, the Department of 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.
Discussion of Comments and Changes
The Coast Guard received no comment letters. No changes will be
made to this final rule.
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 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 draw span.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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 1-800-REG-FAIR (1-800-734-3247).
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).
[[Page 74976]]
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 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 rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This 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 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 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 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.
Energy Effects
We have analyzed this 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
regulatory 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. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it 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 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 M16475.1D,
which guides the Coast Guard in complying with 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 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.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
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: December 3, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-27471 Filed 12-14-04; 8:45 am]
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