[Federal Register: April 12, 2005 (Volume 70, Number 69)]
[Proposed Rules]
[Page 19029-19030]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap05-19]
[[Page 19029]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-014]
RIN 1625-AA09
Drawbridge Operation Regulation; Illinois Waterway, Joliet, IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulation governing
the Jefferson Street Bridge, mile 287.9, and Cass Street Bridge, mile
288.1, across the Illinois Waterway at Joliet, Illinois. The
drawbridges need not open for river traffic and may remain in the
closed-to-navigation position from 8:30 a.m. to 11:30 a.m. on May 15,
2005. This proposed rule would allow the scheduled running of a foot
race as part of a local community event.
DATES: Comments and related material must reach the Coast Guard on or
before May 12, 2005.
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 (CGD-08-05-
014), 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
confirmation 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 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 February 10, 2005, the Illinois Department of Transportation
requested a temporary change to the operation of the Jefferson Street
Bridge, mile 287.9, and the Cass Street Bridge, mile 288.1, Illinois
Waterway, to allow the drawbridges to remain in the closed-to-
navigation position for a three hour period for a timed 8K run in the
City of Joliet, Illinois. The drawbridges have a vertical clearance of
16.5 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 draws open on signal,
except that they need not open from 7:30 a.m. to 8:30 a.m. and from
4:15 p.m. to 5:15 p.m., Monday through Saturday. The Illinois
Department of Transportation requested the drawbridges be permitted to
remain in the closed-to-navigation position from 8:30 a.m. until 11:30
a.m. on Sunday, May 15, 2005. This temporary change to the drawbridge's
operation has been coordinated with the commercial waterway operators.
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 Jefferson Street Bridge and the Cass Street Bridge will have
minimal economic impact on commercial traffic operating on the Illinois
Waterway. This temporary change has been written in such a manner as to
allow for minimal interruption of the drawbridges 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.
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. This proposed rule will be in effect for only
3 hours early on a Sunday morning, and the Coast Guard expects the
impact of this action to be minimal.
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 (Pub. L. 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
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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,
Government Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in section 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 would not
create an environmental risk to health or risk to safety that might
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 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 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. 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 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 M16475.1D,
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. 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 drawbridges, 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 8:30 a.m. to 11:30 a.m. on May 15, 2005, in Sec. 117.393,
suspend paragraph (c) and add a new paragraph (f) to read as follows:
Sec. 117.393 Illinois Waterway.
* * * * *
(f) The draws of the McDonough Street Bridge, mile 287.3; Jackson
Street bridge, mile 288.4; and Ruby Street bridge, mile 288.7; all of
Joliet, shall open on signal. However, the draws of Jefferson Street
bridge, mile 287.9, and Cass Street bridge, mile 288.1 need not open.
Dated: April 4, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 05-7326 Filed 4-11-05; 8:45 am]
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