[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Proposed Rules]
[Page 66711-66713]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no06-27]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-037]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Iowa and
Illinois
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the regulation
governing the operation of the Illinois Central Railroad Drawbridge,
Mile 579.9, Upper Mississippi River at Dubuque, Iowa. Under the
proposed rule, the drawbridge would open on signal if at least 24 hours
advance notice is given from 12:01 a.m., on December 15, 2006 until 8
a.m., on March 15, 2007. This would allow time for making upgrades to
critical mechanical components and performing scheduled annual
maintenance/repairs to the bridge and pier protection.
DATES: Comments and related material must reach the Coast Guard on or
before December 18, 2006.
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-
037), 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 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.
Background and Purpose
On September 12, 2006, the Chicago, Central & Pacific Railroad
requested a temporary change to the operation of the Illinois Central
Railroad Drawbridge, across the Upper Mississippi River, Mile 579.9, at
Dubuque, Iowa to open on signal if at least 24 hours advance notice is
given to facilitate critical bridge repair and annual maintenance.
The Illinois Central Railroad Drawbridge navigation span has a
vertical clearance of 19.9 feet above normal pool in the closed to
navigation position. 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
Chicago, Central & Pacific Railroad requested the drawbridge be
permitted to remain closed-to-navigation from 12:01 a.m., December 15,
2006 until 8 a.m., March 15, 2007 unless 24 hours advance notice is
given of the need to open. Winter conditions on the Upper Mississippi
River coupled with the closure of Lock and Dam 11, Mile 583.0, Upper
Mississippi River, at Dubuque, Iowa from January 2, 2007 until February
28, 2007 will preclude any significant navigation demands for the
drawspan opening. The Illinois Central Railroad Drawbridge, Mile 579.9,
Upper Mississippi River, is located just downstream from Lock and Dam
11. Performing maintenance on the bridge and pier protection during the
winter, when the number of vessels likely to be impacted is minimal, is
preferred to the bridge closure or advance notification requirements
during the navigation season. This temporary change to the drawbridge's
operation has been coordinated with the commercial waterway operators.
Discussion of Proposed Rule
The proposed temporary rule is to add a new paragraph to Sec.
117.671. The drawbridge by regulation is to open on signal. This
proposed rule would allow the drawbridge to open on signal if at least
24 hours advance notice is given from 12:01 a.m., on December 15, 2006
until 8 a.m., on March 15, 2007. This proposed rule will allow time for
making upgrades to critical mechanical components and perform scheduled
annual maintenance/repairs to the bridge and pier protection.
Regulatory Evaluation
The proposed 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 Illinois Central Railroad 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 proposed rule would have a significant economic
impact on a
[[Page 66712]]
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 Dubuque, Iowa 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 drawspan.
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 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 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 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 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
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
[[Page 66713]]
No. 0170.1; section 117.255 also issued under the authority of Pub.
L. 102-587, 106 Stat. 5039.
2. From 12:01 a.m., December 15, 2006 until 8 a.m., March 15, 2007
in Sec. 117.671 add new paragraph (c) to read as follows:
Sec. 117.671 Upper Mississippi River.
* * * * *
(c) The Illinois Central Railroad Drawbridge, Mile 579.9, Upper
Mississippi River at Dubuque, Iowa shall open on signal if at least 24
hours notice is given.
Dated: October 18, 2006.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E6-19311 Filed 11-15-06; 8:45 am]
BILLING CODE 4910-15-P