[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Rules and Regulations]
[Pages 67368-67370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22101]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2005-22853]
RIN 1625-AA09


Drawbridge Operation Regulations; Upper Mississippi River, Ft. 
Madison, Burlington, and Dubuque, IA, and Rock Island Arsenal, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary Final rule.

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SUMMARY: The Coast Guard is temporarily revising the operating 
regulations for the Ft. Madison Drawbridge, mile 383.9, the Burlington 
RR Drawbridge, mile 403.1, the Illinois Central Railroad Drawbridge, 
mile 579.9, and the Rock Island Arsenal Drawbridge, mile 482.9, all 
located along the Upper Mississippi River. The temporary revision 
established the winter operating schedules for these four drawbridges 
while still providing for the reasonable needs of navigation.

DATES: This rule is effective from December 15, 2005 through March 15, 
2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket [USCG-2005-22853] and are available for 
inspection or copying at the Docket Management Facility, U.S. 
Department of Transportation, room PL-401, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also find this docket on the Internet 
at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. Roger K. Wiebusch, Bridge Administrator, (314) 539-3900, 
extension 2378. If you have questions on viewing the docket, call 
Andrea M. Jenkins, Program Manager, Docket Operations, telephone 202-
366-0271.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. Publishing an NPRM, which 
would incorporate a comment period before a final rule could be issued, 
is unnecessary. The closure of lock 19 (mile 364) by the Army Corps of 
Engineers will reduce the level of navigation on the waterway, making 
the opening of these drawbridges largely unnecessary.

Background and Purpose

    The Rock Island Drawbridge is owned by the U.S. Government (U.S. 
Army, Rock Island Arsenal); the Ft. Madison and Burlington Railroad 
Drawbridges are owned by Burlington Northern Santa Fe Railway; the 
Illinois Central Railroad Drawbridge is owned by the Chicago, Central 
and Pacific Railroad. Each bridge owner wrote to the Coast Guard and 
requested the proposed revisions in order to conduct necessary 
maintenance work. These are typical requests that occur each winter. 
During the winter months, the Army Corps of Engineers will usually 
close one or more locks for repair and when the locks are closed, 
navigation ceases. The lock closures go from mid-Dec until early to 
mid-March. This lock closure presents bridge owners with an opportunity 
for conducting bridge repairs that would render the bridges inoperable. 
The Coast Guard generally requires the bridges to return to operation 
by the date when the Corps' locks reopen.

Discussion of Rule

    This rule temporarily amends section 117.671, allowing the Ft. 
Madison Drawbridge, mile 383.9, the Burlington RR Drawbridge, mile 
403.1, and the Illinois Central Railroad Drawbridge, mile 579.9, to 
change from an open on demand schedule to one requiring at least 2 
hours advance notice. It also allows the Rock Island Arsenal 
Drawbridge, mile 482.9, to remain in the closed-to-navigation position. 
It also adds temporary cross-references to section 117.671 under the 
listings for drawbridge regulations for Iowa and Illinois.

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

[[Page 67369]]

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).
    This rule will not have a significant effect due to the fact that 
these drawbridge closures are coordinated with the closure of lock 19 
(mile 364) by the Army Corps of Engineers. Historically, the Coast 
Guard authorizes drawbridges to close during the winter season due to 
the reduced traffic caused by ice and lock closures. The closure of 
lock 19 prevents most towboat activity; the activity that remains can 
be accommodated with the advance notice provisions included in the 
temporary rule.

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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will 
not have a significant economic impact on a substantial number of small 
entities.
    It is unlikely that this rule will affect small entities due to the 
fact that these drawbridge closures are coordinated with the closure of 
lock 19 (mile 364) by the Army Corps of Engineers. Historically, the 
Coast Guard authorizes drawbridges to close during the winter season 
due to the reduced traffic caused by ice and lock closures. The closure 
of lock 19 prevents most towboat activity; the activity that remains 
can be accommodated with the advance notice provisions included in the 
temporary rule.

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 can 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. The Coast Guard will not retaliate against 
small entities that question or complain about this rule or any policy 
or action of the Coast Guard.
    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 1-888-REG-FAIR 
(1-888-734-3247).

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).

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

Taking of Private Property

    This rule will not effect 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 
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 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.lD,

[[Page 67370]]

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.

List of Subjects in 33 CFR Part 117

    Bridges.


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 December 15, 2005 until March 15, 2006, add temporary Sec.  
117.T398 to read as follows:


117.T398  Upper Mississippi River.

    See Sec.  117.671, Upper Mississippi River, listed under Minnesota.

0
3. From December 15, 2005 until March 15, 2006, add temporary Sec.  
117.T408 to read as follows:


117.T408  Upper Mississippi River.

    See Sec.  117.671, Upper Mississippi River, listed under Minnesota.

0
4. From December 15, 2005 until March 15, 2006, amend Sec.  117.671 by 
adding paragraphs (c) and (d) to read as follows:


117.671  Upper Mississippi River.

* * * * *
    (c) From December 15, 2005 until March 15, 2006, the draws of the 
Ft. Madison Drawbridge, mile 383.9, the Burlington Railroad Drawbridge, 
mile 403.1, and the Illinois Central Railroad Drawbridge, mile 579.9, 
need not open unless at least 24 hours advance notice is given.
    (d) From December 15, 2005 until March 15, 2006, the draw of the 
Rock Island Arsenal Drawbridge, mile 482.9, need not open for the 
passage of vessels.

    Dated: November 1, 2005.
Steve Venckus,
Chief, Office of Regulations & Administrative Law, Office of the Judge 
Advocate General, United States Coast Guard.
[FR Doc. 05-22101 Filed 11-4-05; 8:45 am]
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