[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Proposed Rules]
[Pages 70384-70386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29240]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0937]
RIN 1625-AA09


Drawbridge Operation Regulation; Black River, La Crosse, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking and public meeting.

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SUMMARY: The Coast Guard proposes a change to drawbridge operations for 
the Canadian Pacific Railroad Drawbridge across the Black River at Mile 
1.0 near La Crosse, Wisconsin. Drawspan is currently operated by an 
onsite bridge tender, opening on signal following two-hour 
notification. The proposed change is for drawspan operation by remote 
operator, opening immediately upon demand.

DATES: Comments and related material must reach the Coast Guard on or 
before January 13, 2012. A public meeting will be held on November 29, 
2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0937 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329. Comments can also be delivered in person at 
the public meeting on November 29, 2011, 6 p.m. at the Black River 
Beach Neighborhood Center, 1433 Rose Street, La Crosse, WI 54603.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Eric Washburn, Bridge Administrator, Western 
Rivers, (314) 269-2378, email [email protected]. If you have 
questions on viewing or submitting material to the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0937), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert

[[Page 70385]]

``USCG-2011-0937'' in the ``Keyword'' box. Click ``Search'' then click 
on the balloon shape in the ``Actions'' column. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know that they 
reached the Facility, please enclose a stamped, self-addressed postcard 
or envelope. We will consider all comments and material received during 
the comment period and may change the rule based on your comments.

 Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0937'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

 Public Meeting

    We plan on holding a public meeting regarding this rulemaking at 6 
p.m. on November 29, 2011 at the Black River Beach Neighborhood Center, 
1433 Rose Street, La Crosse, WI 54603. We plan to record this meeting 
using a certified stenographer, and then make the transcript available 
through a link in our online docket.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact Mr. Eric Washburn at the telephone number or email address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

 Basis and Purpose

    The Black River is a navigable waterway of the United States from 
its mouth at mile 698.2 of the Upper Mississippi River, to 
approximately mile 3.0. Heavy recreational vessel traffic can be found 
along the length of the river and commercial navigation primarily 
operates up to mile 1.4. In this reach, commercial barge operations 
handle cement, chemical, and fuel products at various loading 
terminals. A large recreational vessel manufacturer and marine repair 
facility are also located within this stretch of river.
    The Black River drawbridge operation regulation contained in 33 CFR 
117.1081, states that ``The draw of the CP Rail Railroad bridge, Mile 
1.0 at La Crosse, shall open on signal if at least two hours notice is 
given.'' In order to reduce wait time for requested drawbridge openings 
while also reducing operating costs, Canadian Pacific has requested 
this drawbridge be operated where vessels would contact a remote 
drawbridge operator via VHF-FM Channel 16 or telephone (507) 895-6087. 
Mariners would establish radio or telephone communications and request 
an opening. The remote operator would ensure no trains were in the 
block and then proceed with opening the drawspan. Once opened to 
navigation it would remain raised until the remote operator verified 
safe vessel passage. This verification would be conducted by radio or 
telephone confirmation with the passing vessel, video monitoring, and 
boat detection equipment.

 Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.1081 by changing the 
current requirement from the bridge opening on signal if two hours 
notice is given to the bridge opening upon demand by communicating to a 
remote operator via VHF-FM Channel 16 or telephone.
    The Coast Guard has determined this regulation change will reduce 
vessel wait time by eliminating the two-hour advance notice requirement 
mandated by existing regulations.

 Regulatory Analyses

    We developed this proposed 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.

Executive Order 12866 and Executive Order 13563

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, 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. We expect the economic impact of this rule on 
commercial traffic operating on the Black River to be minimal. The 
operating procedures affected by this change will be for the benefit of 
vessels transiting the bridge because reduced drawspan opening delays 
under the new regulatory guidance are anticipated.

 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 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 proposed 
rule, if promulgated, will not have a significant economic impact on a 
substantial number of small entities.
    This action is based on the expected reduction in wait time for 
drawspan openings and will not impact the local businesses, 
organizations, or government entities in the community.
    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 can 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. Eric Washburn (see 
ADDRESSES). The Coast Guard will not retaliate against small entities 
that question or complain about this proposed rule or any policy or 
action of the Coast Guard.

[[Page 70386]]

 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 (adjusted for 
inflation) 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 would not cause 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 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 might 
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 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 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 proposed 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; Department of Homeland 
Security Delegation No. 0170.1.

    2. Revise Sec.  117.1081 to read as follows:


Sec.  117.1081  Black River.

    The drawspan of the Canadian Pacific Railroad bridge, mile 1.0 at 
La Crosse, is operated by remote operator located at the Canadian 
Pacific Railway Minneapolis Operations Center, in Minneapolis, 
Minnesota. Drawspan shall open upon demand by contacting remote 
operator via VHF-FM Channel 16 or telephone (507) 895-6087.

    Dated: November 2, 2011.
Roy A. Nash,
Rear Admiral, Commander, U.S. Coast Guard, Eighth Coast Guard District.
[FR Doc. 2011-29240 Filed 11-10-11; 8:45 am]
BILLING CODE 9110-04-P