[Federal Register Volume 72, Number 75 (Thursday, April 19, 2007)]
[Rules and Regulations]
[Pages 19666-19668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7415]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-013]
RIN 1625-AA09


Drawbridge Operation Regulation; Illinois Waterway, Illinois

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the drawbridge operations for the 
Pekin Railroad Drawbridge, Mile 151.2, at Pekin, Illinois and the 
Chessie Railroad Drawbridge, Mile 254.1 at Seneca, Illinois across the 
Illinois Waterway. The present regulation found in Sec.  117.393(b) is 
being revised to reflect the actual procedures that have always been 
followed. That regulation was intended to be temporary, for test 
purposes only, and was inadvertently permanently included in the Code 
of Federal Regulations. This rule eliminates the ``Specific 
Requirements'' for remote operation, and the bridge will continue to 
operate, as required by the Coast Guard, under the ``General 
Requirements''. In addition, the Coast Guard is revising the regulation 
governing the operation of the Chessie Railroad Drawbridge across the 
Illinois Waterway, Mile 254.1, at Seneca, Illinois. The existing 
regulation requires the drawspan to open on signal. This revision is 
necessary to reflect a change in operating procedure.

DATES: This rule is effective on May 21, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in the preamble as being available in the docket, 
are part of docket CGD8-06-013 and are available for inspection or 
copying at room 2.107(f), in the Robert A. Young Federal Building, 
Eighth Coast Guard District, 1222 Spruce Street, St. Louis, MO 63103-
2832, 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 History

    On June 26, 2006, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation, Illinois Waterway, IL 
in the Federal Register (71 FR 36295). On November 16, 2006, we 
published a Supplemental notice of proposed rulemaking (SNPRM) entitled 
Drawbridge Operation Regulation, Illinois Waterway, IL in the Federal 
Register (71 FR 66713). We received no letters commenting on the 
proposed rules. No public hearing was requested, and none was held.

Background and Purpose

    A test period to remotely operate the Pekin Railroad Drawbridge, 
Mile 151.2, across the Illinois Waterway was proposed by the bridge 
owner. After that test period, it was determined that remote operation 
was not feasible. The bridge owner withdrew the proposal and the Coast 
Guard required the continued on-site operation of the bridge. The 
bridge is not remotely operated. The bridge owner has always maintained 
an on-site bridge operator for the bridge. However, the regulation 
allowing the test period was inadvertently published as a permanent 
change, and can be found in 33 CFR 117.393(b).
    This rulemaking corrects the drawbridge operating regulations to 
reflect Coast Guard approved operating conditions presently adhered to 
by the bridge owner and waterway users.
    33 CFR 117.5 requires the Chessie Railroad Drawbridge, mile 254.1, 
Illinois Waterway at Seneca, Illinois to open on signal for the passage 
of vessels. Due to reduced train use, the bridge owner removed the 
bridgetender, maintains the drawspan in the fully open position and 
allows train operators to close the bridge. This action was taken 
without proper Coast Guard notification or approval. The rule improves 
the navigation safety of bridge operations by establishing a method of 
operation and communication between vessels and bridge closure 
personnel.

Discussion of Comments and Changes

    The Coast Guard received no comment letters in response to either 
the NPRM or the SNPRM. There were no requests for public meetings. No 
changes have been made to this final rule.

[[Page 19667]]

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 no economic 
impact on commercial traffic operating on the Illinois Waterway.
    The regulation changes will not affect the present safe operation 
of the bridges.

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.
    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 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 1-888-REG-FAIR (1-888-734-3247). 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.

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 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.

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 NEPA. Since this regulation would alter 
the normal operating conditions of the drawbridge, it falls within this 
exclusion. A ``Categorical Exclusion

[[Page 19668]]

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. 017.1; 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.  117.393(b) to read as follows:


Sec.  117.393  Illinois Waterway.

* * * * *
    (b) The draw of the Chessie Railroad Bridge, mile 254.1, at Seneca, 
Illinois, operates as follows:
    (1) The draw is normally maintained in the fully open position, 
displaying green mid-channel lights to indicate the span is fully open.
    (2) When a train approaches the bridge and the draw is in the open 
position, the train will stop, train operator shall walk out on the 
bridge and scan the river for approaching vessels.
    (3) If a vessel is approaching the bridge, the draw will remain 
open. The vessel shall contact the train operator on VHF-FM channel 16 
and the train operator shall keep the draw in the fully open position 
until the vessel has cleared the bridge.
    (4) If no vessels are observed, the train operator initiates a five 
minute warning period on VHF-FM radio channel 16 before closing the 
bridge. The train operator will broadcast the following message: ``The 
Chessie Railroad Bridge at Mile 254.1, Illinois River, will close to 
navigation in five minutes.'' The announcement is repeated every minute 
counting down the time remaining until closure.
    (5) At the end of the five minute warning period, and if no vessels 
are approaching the bridge, the train operator shall sound the siren 
for 10 seconds, activate the alternate flashing red lights on top of 
the draw, then lower and lock the draw in place. Red lights shall 
continue to flash to indicate the draw is closed to navigation.
    (6) After the train has cleared the bridge, the draw shall be 
raised to its full height and locked in place, the red flashing lights 
stopped, and the draw lights changed from red to green.
* * * * *

    Dated: April 3, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E7-7415 Filed 4-18-07; 8:45 am]
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