[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Rules and Regulations]
[Pages 66872-66874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19455]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-002]
RIN 1625-AA09


Drawbridge Operation Regulation; Missouri River, Iowa, Kansas, 
Missouri

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the Missouri River drawbridge 
regulations covering Iowa, Kansas, and Missouri. The revisions will 
have the bridges open on signal except during the winter season which 
will require 24 hours advanced notice. These revisions to the 
regulations will reduce delays of the vessels transiting through these 
States on the Missouri River.

DATES: This rule is effective on December 18, 2006.

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 docket CGD8-06-002 and are available for inspection or 
copying at room 2.107f, in the Robert A. Young Federal Building, Eighth 
Coast Guard District, 1222 Spruce Street, St. Louis, Missouri 63103-
2832, between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. Commander (dwb), Eighth

[[Page 66873]]

Coast Guard District, Bridge Branch maintains the public docket for 
this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge 
Administrator, (314) 269-2378.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On May 25, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Missouri River, Iowa, 
Kansas, Missouri in the Federal Register (71 FR 30106). We received no 
letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    The Coast Guard is revising these regulations so vessels may pass 
the bridge without delay. The Coast Guard reviewed the history of civil 
penalty actions for failure of the Missouri River drawbridges to open 
for navigation. Meetings were held with the bridge owner and vessel 
operators to determine the cause for not opening the bridge draw on 
signal. A procedure was incorporated in the regulations to help reduce 
the number of vessel delays caused by failure to open the bridge on 
signal. Experience has shown the procedure was never implemented and 
vessel delays were not reduced. Therefore, Sec. Sec.  117.411(b) and 
117.687(b), which describe the procedure for operation of the A-S-B 
Highway and Railroad Bridge at Mile 365.6, are to be eliminated. This 
drawbridge was never operated in the manner described. It will open on 
signal as described in Sec. Sec.  117.411 and 117.687. In addition, the 
Coast Guard determined that changes were needed to correct inaccuracies 
in State-related drawbridge operation regulations for Sec.  117.407 
(Iowa), Sec.  117.411 (Kansas), and Sec.  117.687 (Missouri).

Discussion of Comments and Changes

    There were no comments to the proposed regulatory text.

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.
    The Coast Guard expects that these changes will have a minimal 
economic impact on commercial traffic operating on the Missouri River. 
The procedure is already in practice at the bridges, and the change to 
the CFR documents the procedure.

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 
would not have a significant economic impact on a substantial number of 
small entities. This rule is neutral to all business entities since it 
affects only how the vessel operators request bridge openings.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking.

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 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 would 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

[[Page 66874]]

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 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 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. Revise Sec.  117.407 to read as follows:


Sec.  117.407  Missouri River.

    See Sec.  117.691, Missouri River listed under Nebraska.


0
3. Revise Sec.  117.411 to read as follows:


Sec.  117.411  Missouri River.

    The draws of the bridges across the Missouri River shall open on 
signal; except during the winter season between the date of closure and 
the date of opening of the commercial navigation season as published by 
the Army Corps of Engineers, the draws need not open unless at least 24 
hours advance notice is given.


0
4. Revise Sec.  117.687 to read as follows:


Sec.  117.687  Missouri River.

    The draws of the bridges across the Missouri River shall open on 
signal; except during the winter season between the date of closure and 
date of opening of the commercial navigation season as published by the 
Army Corps of Engineers, the draws need not open unless at least 24 
hours advance notice is given.

    Dated: October 25, 2006.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E6-19455 Filed 11-16-06; 8:45 am]
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