[Federal Register Volume 72, Number 22 (Friday, February 2, 2007)]
[Rules and Regulations]
[Pages 4961-4963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1615]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-037]
RIN 1625-AA09


Drawbridge Operation Regulation; Mississippi River, Dubuque, IA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is changing the drawbridge operations for the 
Illinois Central Railroad Drawbridge across the Upper Mississippi River 
at Mile 579.9, at Dubuque, Iowa. Under the rule, the drawbridge shall 
open on signal if at least 24 hours advance notice is given from 12:01 
a.m., on February 2, 2007 until 8 a.m., on March 15, 2007. This rule 
allows time for making upgrades to critical mechanical components and 
perform scheduled annual maintenance/repairs to the bridge and pier 
protection.

DATES: The rule is effective from 12:01 a.m., on February 2, 2007 until 
8 a.m., on March 15, 2007.

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 [CGD08-06-037] 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 (dwb), Eighth 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 Information

    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. 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 preclude any significant navigation demands for 
the drawspan opening thereby making a 30-day delay during that period 
unnecessary, and a delayed effective date would be contrary to the 
public interest in prompt completion of the bridge's repairs and 
maintenance work.
    On November 16, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Mississippi River, 
Iowa and Illinois in the Federal Register (71 FR 66711). We received no 
comment letters on the proposed rule. No public hearing was requested, 
and none was held.

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., February 2, 
2007 until 8 a.m., March 15, 2007 unless 24 hours advance notice is 
given of the need to open. 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

[[Page 4962]]

temporary change to the drawbridge's operation has been coordinated 
with the commercial waterway operators.

Discussion of Comments and Changes

    The Coast Guard received no comment letters. No changes have been 
made to this temporary 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 this temporary change to the operation of 
the Illinois Central Railroad Drawbridge to have a minimal economic 
impact on commercial traffic operating on the Upper Mississippi River 
such that a full regulatory evaluation under the regulatory policies 
and procedures of DHS is unnecessary. This temporary change has been 
written in such a manner as to allow for minimal interruption of the 
drawbridge's regular operation, since the change is only in effect 
during the winter months while commercial traffic is greatly reduced.

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. The 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 expects the impact of this action to be 
minimal.

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. 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).

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 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 would 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.

[[Page 4963]]

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.

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 12:01 a.m., February 2, 2007 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: January 22, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E7-1615 Filed 2-1-07; 8:45 am]
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