[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Proposed Rules]
[Page 66713-66715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no06-28]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-013]
RIN 1625-AA09
Drawbridge Operation Regulation; Illinois Waterway, Illinois
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard has revised its proposal to change the
operation of the Pekin Railroad Drawbridge, Mile 151.2, at Pekin,
Illinois and the Chessie Railroad Drawbridge, Mile 254.1 at Seneca,
Illinois across Illinois Waterway. The present regulation requires
revision to reflect the actual procedures that have always been
followed. The current regulation was intended to be temporary, for test
purposes only, and was inadvertently permanently included. The revision
would eliminate the ``Specific Requirements'' for remote operation and
the bridge would continue to operate, as required by the Coast Guard,
under the ``General Requirements''. In addition the Coast Guard
proposes to change the regulation governing the operation of the
Chessie Railroad Drawbridge across the Illinois Waterway, Mile 254.1,
at Seneca, Illinois. The existing regulation requires the drawspan to
open on signal. This change is necessary to reflect a change in
operating procedure.
DATES: Comments and related material must reach the Coast Guard on or
before January 16, 2007.
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 (dwb) 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) 269-2378.
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 [CGD08-06-
013], 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
81/2 by 11 inches, suitable for copying. If you would like to know 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 a meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Regulatory History
On June 26, 2006, we published a notice of proposed rulemaking
(NPRM) titled Drawbridge Operation Regulation; Illinois Waterway, IL in
the Federal Register (71 FR 36295). We received no comments on the
proposed rule. No public hearing was requested, and none was held.
Background and Purpose
A test period to remotely operate the Pekin Railroad Drawbridge,
Mile 151.2, across the Illinois Waterway was proposed by the bridge
owner and determined that remote operation was not feasible. The bridge
owner withdrew the proposal and the Coast Guard required the continued
on-site operation of the bridge. The bridge is not remotely operated.
The bridge owner has always maintained an on-site bridge operator for
the bridge. However, the temporary regulation allowing the test period
was inadvertently published in 33 CFR 117, Subpart B.
This proposed rulemaking will correct the drawbridge operating
regulations to reflect Coast Guard approved operating conditions
presently adhered to by the bridge owner and waterway users.
33 CFR requires the Chessie Railroad Drawbridge, mile 254.1,
Illinois Waterway at Seneca, Illinois to open on signal for the passage
of vessels. Due to reduced train use, the bridge owner removed the
bridgetender, maintains the draw span in the fully open position and
allows train operators to close the bridge. This action was taken
without proper Coast Guard notification or approval. The proposed rule
would improve the navigation safety of bridge operations by
establishing a method of operation and communication between vessels
and bridge closure personnel.
Discussion of Proposed Rule
The rule proposed by this SNPRM includes two separate changes to
existing regulation Sec. 117.393. The first change would delete Sec.
117.393(b), which requires remote operation of the Pekin Railroad
Drawbridge. If the remote operation requirement is deleted, it will
have no impact on river or rail traffic because the bridge will
continue to be operated on-site and open on demand for passage of river
traffic. Removing the regulation for remote operation will allow the
bridge owner to not install additional equipment and to not operate the
bridge from a remote location to meet the regulation.
The second change to Sec. 117.393 would add a new paragraph (b) to
Sec. 117.393. The Chessie Railroad Drawbridge is currently maintained
in the fully open position and train operators close the draw span to
allow trains to pass. This proposed rule would improve the navigation
safety of bridge operations by establishing a method of operation and
communication between vessels and bridge closure personnel. This
proposed rule will accurately depict how the bridge is operated.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866,
[[Page 66714]]
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.
The Coast Guard expects that these changes will have no economic
impact on commercial traffic operating on the Illinois Waterway.
The proposed regulation changes will not affect the present safe
operation of the bridges.
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 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 (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)
269-2378.
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 would 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 would 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. 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 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
[[Page 66715]]
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; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 017.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Revise Sec. 117.393(b) to read as follows:
Sec. 117.393 Illinois Waterway.
* * * * *
(b) The draw of the Chessie Railroad Bridge, mile 254.1, at Seneca,
Illinois, operates as follows:
(1) The draw is normally maintained in the fully open position,
displaying green mid-channel lights to indicate the span is fully open.
(2) When a train approaches the bridge and the draw is in the open
position, the train will stop, train operator shall walk out on the
bridge and scan the river for approaching vessels.
(3) If a vessel is approaching the bridge, the draw will remain
open. The vessel shall contact the train operator on VHF-FM channel 16
and the train operator shall keep the draw in the fully open position
until the vessel has cleared the bridge.
(4) If no vessels are observed, the train operator initiates a five
minute warning period on VHF-FM radio channel 16 before closing the
bridge. The train operator will broadcast the following message: ``The
Chessie Railroad Bridge at Mile 254.1, Illinois River, will close to
navigation in five minutes.'' The announcement is repeated every minute
counting down the time remaining until closure.
(5) At the end of the five minute warning period, and if no vessels
are approaching the bridge, the train operator shall sound the siren
for 10 seconds, activate the alternate flashing red lights on top of
the draw, then lower and lock the draw in place. Red lights shall
continue to flash to indicate the draw is closed to navigation.
(6) After the train has cleared the bridge, the draw shall be
raised to its full height and locked in place, the red flashing lights
stopped, and the draw lights changed from red to green.
* * * * *
Dated: October 19, 2006.
Ronald W. Branch,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist. Acting.
[FR Doc. E6-19310 Filed 11-15-06; 8:45 am]
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