[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Proposed Rules]
[Pages 66711-66713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19311]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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