[Federal Register Volume 67, Number 32 (Friday, February 15, 2002)]
[Proposed Rules]
[Pages 7110-7112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3693]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08-01-035]
RIN 2115-AE47


Drawbridge Operation Regulations; Missouri River (Missouri)

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commander, Eighth Coast Guard District proposes to change 
the regulation governing the operation of the A-S-B Railroad 
Drawbridge, Mile 365.6, Missouri River between North Kansas City, 
Kansas and Kansas City, Missouri. The existing regulation prescribes a 
procedure for requesting an opening of the drawspan which significantly 
differs from the current procedure used, and contains wrong 
information. The change is necessary to reconcile the regulation to the 
current operating procedure.

DATES: Comments must reach the Coast Guard on or before April 16, 2002.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket CGD 08-01-035 and are available for inspection or copying at 
room 2.107f in the Robert A. Young Federal Building at Eighth Coast 
Guard District, Bridge Branch, 1222 Spruce Street, St. Louis, MO 63103-
2832, between 7 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge 
Administrator (obr), Eighth Coast Guard District, Bridge Branch, 1222 
Spruce Street, St. Louis, MO 63103-2832, at (314)539-3900, extension 
378.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, view or arguments. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking (CGD 08-01-035) and the specific section of this 
document to which each comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 
8 \1/2\ by 11 inches, suitable for copying and electronic filing. 
Persons wanting acknowledgment of receipt of comments should enclose 
stamped, self-addressed postcards or envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Coast Guard district bridge office at 
the address under ADDRESSES. The request should include the reasons why 
a hearing would be beneficial. If it determines that the opportunity 
for oral presentations will aid this rulemaking, the Coast Guard will 
hold a public hearing at a time and place announced by a later notice 
in the Federal Register.

Regulatory History

    Prior to 1985, 33 CFR 117.411(b) and 117.687(b) required the A-S-B 
Railroad Drawbridge to open on signal for the passage of vessels. In 
October 1983, the bridge owner proposed remote operation of this bridge 
and the adjacent Hannibal Railroad Drawbridge, Mile 366.1, Missouri 
River. On May 17, 1984, a Notice of Proposed Rulemaking to operate the 
A-S-B Railroad Drawbridge from a remote location was published in the 
Federal Register. The proposal was to change the operation of the 
bridge from an onsite operator to a bridge/train controller remotely 
located in a tower in a nearby rail yard. The proposed rule required 
the bridge to be equipped with a directional microphone and horn for 
communicating with vessels that did not possess a radiotelephone. It 
also provided for the installation of closed circuit TV cameras at 
various locations to enable the remote bridge/train controller to view 
both river traffic and the bridge. The proposed rule also described the 
manner in which communications would be established and maintained 
between the remote bridge train controller and approaching vessels, and 
delineated the light signals to be used. In June 1984, the bridge owner 
informed the Coast Guard that the bridge/train controller for the A-S-B 
Railroad Drawbridge could not be at the remote location identified in 
the proposed rule. Instead, the bridge/train controller would be 
located at the Hannibal Railroad Drawbridge. The communications and 
control of the A-S-B Railroad Drawbridge as described in the proposed 
rule would remain with the bridge/train controller at the Hannibal 
Railroad Drawbridge. On October 30, 1985, a Final Rule was approved by 
the Coast Guard to allow remote operation of the A-S-B Railroad 
Drawbridge. On November 18, 1985, the Final Rule was published in the 
Federal Register, with an effective date of December 18, 1985. 
Immediately following publication of the final rule,

[[Page 7111]]

the bridge owner informed the Coast Guard they would not follow the 
regulation as promulgated. Since then, several attempts have been made 
to change the operation of the drawbridge to comply with the existing 
regulation. The most recent attempt was in December 1997. Actions to 
bring the operation of the bridge into compliance were identified but 
never implemented.

Background and Purpose

    The Burlington Northern Santa Fe Railroad (BNSF) owns and operates 
the A-S-B Railroad Drawbridge, Mile 365.6, Missouri River, between 
North Kansas City, Kansas and Kansas City, Missouri. In 1985, the 
current drawbridge operation regulations became effective. The intent 
of the regulations was to authorize remote operation of the A-S-B 
Drawbridge and to facilitate management of frequent train and vessel 
movements. Since 1985, there have been numerous reported vessel delays 
due to drawbridge operations. A review of the causes of the delays 
revealed that the bridge is not operated as required by the 
regulations, in part, from confusion about the proper procedure.
    The differences between the regulation and current operating 
procedures were identified and discussed at a meeting between railroad 
personnel, waterway users and Coast Guard personnel. The current 
procedure for obtaining a bridge opening was reviewed and determined to 
be effective. The consensus of the group was that the regulations have 
not been followed for many years, but the current method used to 
request a bridge opening was effective, and the regulations should be 
changed to reflect the current method of operation.

Discussion of Proposed Rule

    The A-S-B Railroad Drawbridge is a vertical lift drawbridge that 
crosses the Missouri River between North Kansas City, Kansas and Kansas 
City, Missouri. It is located .5 mile downstream from the Burlington 
Northern Santa Fe's Hannibal Railroad Drawbridge, a swing span bridge. 
A drawtender is located on the Hannibal Drawbridge, but not on the A-S-
B Railroad Drawbridge. The A-S-B Railroad Drawbridge has never operated 
in accordance with the existing regulation. The proposed rule will 
delete the existing regulation for operation of this bridge and require 
it to operate in the same manner as all other drawbridges on the 
Missouri River. 33 CFR 117.411 and 117.687 require bridges on the 
Missouri River to open on signal except that, from December 16 through 
the last day of February, the draw shall open on signal if at least 24 
hours notice is given. The proposed rule will have the A-S-B Railroad 
Drawbridge operate just as the adjacent Hannibal Railroad Drawbridge is 
required to do. Waterway users are accustomed to the current operating 
method. Eliminating the existing regulation and implementing the 
proposed regulation will not impact waterway users.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under Section 6(a)(3) of 
that Order. It has been reviewed by the Office of Management and Budget 
under that Order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). Since the Coast Guard expects the economic impact 
of this proposed rule to be minimal a full Regulatory Evaluation under 
paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary. Deleting 33 CFR 117.411(b) and 117.687(b) is strictly 
administrative since the current bridge operates in accordance with the 
existing requirements of 33 CFR 117.411(a) and 117.687(a).

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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard considers whether this proposed rule, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include 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. Therefore, the Coast Guard certifies 
under 5 U.S.C. 605(b) that this proposed rule, if adopted, will not 
have a significant economic impact on a substantial number of small 
entities. If, however, you think that your business or organization 
qualifies as a small entity and that this proposed rule will have a 
significant economic impact on your business or organization, please 
submit a comment (see ADDRESSES) explaining why you think it qualifies 
and in what way and to what degree this proposed rule will 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 offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Any 
individual that qualifies or, believes he or she qualifies as a small 
entity and requires assistance with the provision of this rule, may 
contact Mr. Roger K. Wiebusch, Bridge Administrator, Eighth Coast Guard 
District, Bridge Branch at (314) 539-3900, extension 378.
    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 1888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule does not have sufficient 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

[[Page 7112]]

Taking of Private Property

    This rule will not effect 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 does not concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that in accordance with Figure 2-1, 
(32)(e), of Commandant Instruction M16475.1C, this proposed rule is 
categorically excluded from further environmental documentation. The 
subject regulation change is procedural in nature, in that it is 
updating an existing procedure. 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.

    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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under authority of Pub. L. 102-587, 106 Stat. 
5039.


Sec. 117.411  [Amended]

    2. In Sec. 117.411, remove paragraph (b) and remove the paragraph 
designation (a).


Sec. 117.687  [Amended]

    3. In Sec. 117.687, remove paragraph (b) and remove the paragraph 
designation (a).

    Dated: February 6, 2002.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 02-3693 Filed 2-14-02; 8:45 am]
BILLING CODE 4910-15-U