[Federal Register Volume 74, Number 232 (Friday, December 4, 2009)]
[Rules and Regulations]
[Pages 63610-63612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28908]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0968]
RIN 1625-AA09


Drawbridge Operation Regulation; Automated and Remotely Operated 
Bridges

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Commander, Ninth Coast Guard District, is identifying all 
remotely operated or automated drawbridges in his area of 
responsibility in subpart B of this part. This rule identifies all the 
remotely operated or automated drawbridges in this district that 
currently open on signal to navigation. This rule does not revise the 
operating schedule or conditions for any of the identified drawbridges.

DATES: This rule is effective December 15, 2009.

ADDRESSES: Comments and material received from the public as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2009-0968 and are available online by going to 
http://www.regulations.gov, inserting USCG-2009-0968 in the ``Keyword'' 
box, and

[[Page 63611]]

then clicking ``Search.'' This material is also available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Lee Soule, Bridge Management Specialist, Coast Guard 
Ninth District; telephone 216-902-6085, e-mail:[email protected]. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B) the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because these identified drawbridges have 
been previously authorized to operate under an automated on-signal 
schedule, and this rule does not change how these drawbridges currently 
operate, or their current operating schedule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register because these identified 
drawbridges have been previously authorized to operate under an 
automated on-signal schedule, and this rule does not change how these 
drawbridges currently operate, or their current operating schedule.

Background and Purpose

    In the past nine years, various bridge owners have requested that 
the Coast Guard allow select drawbridges to operate utilizing an 
automated or remotely operated system. The District Commander 
determined that these requests to remove on-site drawtender and 
automate (or allow these drawbridges to be remotely operated) met with 
the reasonable needs of navigation for each of the respective waterways 
over which these drawbridges reside. There were no changes to the 
operating schedule or signaling requirements for any of the bridges 
affected. This rule is necessary to comply with 33 CFR part 117.42.

Discussion of Rule

    On 4 December 2006 the Coast Guard published a final rule in the 
Federal Register [71 FR 70305] that amended the regulatory language in 
33 CFR part 117.42. This new language requires that ``* * * a 
description of the full operation of the remotely operated or automated 
drawbridges will be added to Subpart B of this part''. In order to 
comply with our own regulations, the Coast Guard is amending the 
appropriate sections in Subpart B that will identify and describe the 
operation of all automated and remotely operated drawbridges under the 
jurisdiction of the Ninth Coast Guard District.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    This rule is not a significant regulatory action because the 
affected drawbridges have been operating under automation or from a 
remote location for a number of years and continue to open on signal 
for vessel traffic.

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 action will not have a significant economic impact on a 
substantial number of small entities for the following reason; this 
rule does not change the current operation or operating schedule of the 
drawbridges. It merely identifies these drawbridges as operated 
automatically or remotely in Subpart B of 33 CFR part 117.

Assistance for Small Entities

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

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

[[Page 63612]]

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 might 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 Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.847(b) to read as follows:


Sec.  117.847  Ashtabula River

* * * * *
    (b) The draw of the Norfolk Southern Bridge, mile 1.5 at Ashtabula, 
is remotely operated, is required to operate a radiotelephone, and 
shall open on signal from April 1 through November 30 from 7 a.m. to 11 
p.m. At all other times the draw shall open on signal if at least 24 
hours notice is given.

0
3. Revise Sec.  117.851(d) to read as follows:


Sec.  117.851  Portage River.

* * * * *
    (d) The draw of the Norfolk Southern Bridge, Mile 1.5 at Port 
Clinton, is remotely operated, is required to operate a radio 
telephone, and shall open on signal. However, from December 1 through 
April 30, the draw shall open on signal if at least 24 hours notice is 
given.

0
4. Revise Sec.  117.853 to read as follows:


Sec.  117.853  Sandusky Bay

    The draw of the Norfolk Southern Bridge, Mile 3.5 at Sandusky, is 
remotely operated, is required to operate a radiotelephone, and shall 
open on signal from April 1 through October 31 and from November 1 
through November 30 from 8 a.m. to 4 p.m. At all other times, the draw 
shall open on signal if at least 24 hours notice is given.
0
5. Amend Sec.  117.1093 to add paragraphs (c)(4) and (d)(4), and to 
revise paragraph (e)(3) to read as follows:


Sec.  117.1093  Milwaukee, Menomonee, and Kinnickinnic Rivers and South 
Menomonee and Burnham Canals.

* * * * *
    (c) * * *
    (4) The following bridges are remotely operated, are required to 
operate a radiotelephone, and shall open as noted in this section; St. 
Paul Avenue, mile 1.21, Clybourn Street, mile 1.28, Highland Avenue, 
mile 1.97, and Knapp Street, mile 2.14.
    (d) * * *
    (4) The following bridges are remotely operated, are required to 
operate a radiotelephone, and shall open as noted in this section; 
North Plankinton Avenue, mile 1.08, North Sixth Street, mile 1.37, and 
North Emmber Lane, mile 1.95, all over Menomonee River, and South Sixth 
Street, mile 1.51 over South Menomonee Canal.
    (e) * * *
    (3)(i)The draws of all other bridges across the Kinnickkinnick 
River shall open on signal; except that, from 7:30 a.m. to 8:30 a.m. 
and 4:30 p.m. to 5:30 p.m. Monday through Saturday except Federal 
holidays, the draws need not be opened and, from 11 p.m. to 7 a.m., the 
draws hall open on signal if at least two hours notice is given.
    (ii) The South First Street Bridge, mile 1.78, is remotely 
operated, is required to operate a radiotelephone, and shall open as 
noted in this section.
* * * * *

    Dated: November, 9, 2009.
Peter V. Neffenger,
Rear Admiral, U.S. Coast Guard,Commander, Ninth Coast Guard District.
[FR Doc. E9-28908 Filed 12-3-09; 8:45 am]
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