[Federal Register: November 7, 2005 (Volume 70, Number 214)]
[Rules and Regulations]
[Page 67368-67370]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no05-14]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2005-22853]
RIN 1625-AA09
Drawbridge Operation Regulations; Upper Mississippi River, Ft.
Madison, Burlington, and Dubuque, IA, and Rock Island Arsenal, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final rule.
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SUMMARY: The Coast Guard is temporarily revising the operating
regulations for the Ft. Madison Drawbridge, mile 383.9, the Burlington
RR Drawbridge, mile 403.1, the Illinois Central Railroad Drawbridge,
mile 579.9, and the Rock Island Arsenal Drawbridge, mile 482.9, all
located along the Upper Mississippi River. The temporary revision
established the winter operating schedules for these four drawbridges
while still providing for the reasonable needs of navigation.
DATES: This rule is effective from December 15, 2005 through March 15,
2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket [USCG-2005-22853] and are available for
inspection or copying at the Docket Management Facility, U.S.
Department of Transportation, room PL-401, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also find this docket on the Internet
at http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. Roger K. Wiebusch, Bridge Administrator, (314) 539-3900,
extension 2378. If you have questions on viewing the docket, call
Andrea M. Jenkins, Program Manager, Docket Operations, telephone 202-
366-0271.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM, which
would incorporate a comment period before a final rule could be issued,
is unnecessary. The closure of lock 19 (mile 364) by the Army Corps of
Engineers will reduce the level of navigation on the waterway, making
the opening of these drawbridges largely unnecessary.
Background and Purpose
The Rock Island Drawbridge is owned by the U.S. Government (U.S.
Army, Rock Island Arsenal); the Ft. Madison and Burlington Railroad
Drawbridges are owned by Burlington Northern Santa Fe Railway; the
Illinois Central Railroad Drawbridge is owned by the Chicago, Central
and Pacific Railroad. Each bridge owner wrote to the Coast Guard and
requested the proposed revisions in order to conduct necessary
maintenance work. These are typical requests that occur each winter.
During the winter months, the Army Corps of Engineers will usually
close one or more locks for repair and when the locks are closed,
navigation ceases. The lock closures go from mid-Dec until early to
mid-March. This lock closure presents bridge owners with an opportunity
for conducting bridge repairs that would render the bridges inoperable.
The Coast Guard generally requires the bridges to return to operation
by the date when the Corps' locks reopen.
Discussion of Rule
This rule temporarily amends section 117.671, allowing the Ft.
Madison Drawbridge, mile 383.9, the Burlington RR Drawbridge, mile
403.1, and the Illinois Central Railroad Drawbridge, mile 579.9, to
change from an open on demand schedule to one requiring at least 2
hours advance notice. It also allows the Rock Island Arsenal
Drawbridge, mile 482.9, to remain in the closed-to-navigation position.
It also adds temporary cross-references to section 117.671 under the
listings for drawbridge regulations for Iowa and Illinois.
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
[[Page 67369]]
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).
This rule will not have a significant effect due to the fact that
these drawbridge closures are coordinated with the closure of lock 19
(mile 364) by the Army Corps of Engineers. Historically, the Coast
Guard authorizes drawbridges to close during the winter season due to
the reduced traffic caused by ice and lock closures. The closure of
lock 19 prevents most towboat activity; the activity that remains can
be accommodated with the advance notice provisions included in the
temporary rule.
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 will
not have a significant economic impact on a substantial number of small
entities.
It is unlikely that this rule will affect small entities due to the
fact that these drawbridge closures are coordinated with the closure of
lock 19 (mile 364) by the Army Corps of Engineers. Historically, the
Coast Guard authorizes drawbridges to close during the winter season
due to the reduced traffic caused by ice and lock closures. The closure
of lock 19 prevents most towboat activity; the activity that remains
can be accommodated with the advance notice provisions included in the
temporary rule.
Assistance for Small Entities
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 proposed rule so that they can 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. 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.
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).
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 effect 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
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.lD,
[[Page 67370]]
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.
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 December 15, 2005 until March 15, 2006, add temporary Sec.
117.T398 to read as follows:
117.T398 Upper Mississippi River.
See Sec. 117.671, Upper Mississippi River, listed under Minnesota.
0
3. From December 15, 2005 until March 15, 2006, add temporary Sec.
117.T408 to read as follows:
117.T408 Upper Mississippi River.
See Sec. 117.671, Upper Mississippi River, listed under Minnesota.
0
4. From December 15, 2005 until March 15, 2006, amend Sec. 117.671 by
adding paragraphs (c) and (d) to read as follows:
117.671 Upper Mississippi River.
* * * * *
(c) From December 15, 2005 until March 15, 2006, the draws of the
Ft. Madison Drawbridge, mile 383.9, the Burlington Railroad Drawbridge,
mile 403.1, and the Illinois Central Railroad Drawbridge, mile 579.9,
need not open unless at least 24 hours advance notice is given.
(d) From December 15, 2005 until March 15, 2006, the draw of the
Rock Island Arsenal Drawbridge, mile 482.9, need not open for the
passage of vessels.
Dated: November 1, 2005.
Steve Venckus,
Chief, Office of Regulations & Administrative Law, Office of the Judge
Advocate General, United States Coast Guard.
[FR Doc. 05-22101 Filed 11-4-05; 8:45 am]
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