[Federal Register: August 25, 2005 (Volume 70, Number 164)]
[Rules and Regulations]
[Page 49877-49878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au05-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-025]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Rock Island,
IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is temporarily 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 8 a.m. to 11 a.m. on September 25,
2005. This rule allows the drawbridge be maintained in the closed-to-
navigation position to allow the annually scheduled running of a foot
race as part of a local community event.
DATES: This rule is effective 8 a.m. to 11 a.m., September 25, 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 this docket (CGD08-05-025) and are available for inspection
or copying at room 2.107f in the Robert A. Young Federal Building,
Eighth Coast Guard District, 1222 Spruce Street, Saint Louis, MO 63103,
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 June 2, 2005, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Mississippi River,
Iowa and Illinois in the Federal Register (70 FR 32276). We received no
comment letters on the proposed rule. No public meeting was requested,
and none was held.
Background and Purpose
On March 29, 2005, 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 a three hour period while a foot
race is held in the city of Davenport, IA. The drawbridge has a
vertical clearance of 23.8 feet above normal pool in the closed-to-
navigation position. Navigation on the waterway consists primarily of
commercial tows and recreational watercraft that will be minimally
impacted by the limited closure period of three hours. Presently, the
draw opens on signal for the passage of river traffic. The Rock Island
Arsenal requested the drawbridge be permitted to remain closed-to-
navigation from 8 a.m. until 11 a.m. on Sunday, September 25, 2005.
Discussion of Comments and Changes
The Coast Guard received no comment letters. No changes will be
made to this temporary 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.
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 want to assist small
entities in
[[Page 49878]]
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).
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 an 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, Government
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 would not create an
environmental risk to health or risk to safety that might
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
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. 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 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.
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 8 a.m. to 11 a.m. on September 25, 2005, temporarily add new
section 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: August 5, 2005.
Kevin L. Marshall,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting.
[FR Doc. 05-16923 Filed 8-24-05; 8:45 am]
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