[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Rules and Regulations]
[Pages 74975-74976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27471]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-04-033]
RIN 1625-AA09


Drawbridge Operation Regulation; Mississippi River, Iowa, and 
Illinois

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the Rock 
Island Railroad & Highway Drawbridge, across the Upper Mississippi 
River at Mile 482.9, at Rock Island, Illinois. The drawbridge need not 
open for river traffic and may remain in the closed-to-navigation 
position from 7 a.m., December 15, 2004, until 8 a.m., March 15, 2005. 
This rule allows time for making upgrades to critical mechanical 
components and perform scheduled annual maintenance/repairs.

DATES: This rule is effective 7 a.m., December 15, 2004, until 8 a.m., 
March 15, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of the docket [CGD08-04-033] and are available for inspection 
or copying at room 2.107f in the Robert A. Young Federal Building at 
Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. Commander (obr), Eighth Coast Guard 
District, maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge 
Administrator, (314) 539-3900, extension 2378.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 21, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Mississippi River, 
Iowa and Illinois in the Federal Register (69 FR 61770). We received no 
comment letters on the proposed rule. No public meeting was requested, 
and none was held.

Good Cause for Making Rule Effective in Less Than 30 Days

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective in less than 30 days after 
publication in the Federal Register. This drawbridge requires critical 
repairs and annual maintenance that necessitate it to remain in the 
closed-to-navigation position for 89 consecutive days. Navigation on 
the waterway consists primarily of commercial tows and recreational 
watercraft that will not be significantly impacted due to the reduced 
navigation in winter months. Thus, it is in the public's interest to 
complete these repairs during the winter months. To keep the closure 
within the primary winter months this rule must go into effect by 
December 15, 2004. Additionally, the closure dates were included in the 
NPRM, and no comments were received objecting to the dates.

Background and Purpose

    On August 12, 2004, the Department of Army, Rock Island Arsenal, 
requested a temporary change to the operation of the Rock Island 
Railroad & Highway Drawbridge across the Upper Mississippi River, Mile 
482.9, at Rock Island, Illinois to allow the drawbridge to remain in 
the closed-to-navigation position for 89 consecutive days for critical 
repairs and annual maintenance. 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 Rock Island Arsenal requested the drawbridge be permitted 
to remain closed-to-navigation from 7 a.m., December 15, 2004, until 8 
a.m., March 15, 2005.

Discussion of Comments and Changes

    The Coast Guard received no comment letters. No changes will be 
made to this final rule.

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 Rock Island Railroad & Highway 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 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.
    This proposed rule will have a negligible impact on vessel traffic. 
The primary users of the Upper Mississippi River in Rock Island, 
Illinois 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 draw span.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. 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 1-800-REG-FAIR (1-800-734-3247).

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).

[[Page 74976]]

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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will 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 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 
regulatory 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 M16475.1D, 
which guides the Coast Guard in complying with 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 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.

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 7 a.m., December 15, 2004, until 8 a.m., March 15, 2005, 
temporarily add new Sec.  117.T394, to read as follows:


Sec.  117.T394  Upper Mississippi River.

    The Rock Island Railroad and Highway Drawbridge, mile 482.9, at 
Rock Island, Illinois, need not open for river traffic and may be 
maintained in the closed-to-navigation position.

    Dated: December 3, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-27471 Filed 12-14-04; 8:45 am]
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