[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Proposed Rules]
[Pages 51132-51134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19990]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0365]
RIN 1625-AA09


Drawbridge Operation Regulation; Illinois Waterway, Joliet, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating regulations 
for six drawbridges, located between river mile 285.8 and river mile 
288.7, across the Illinois Waterway, at Joliet, Illinois. This rule 
proposes to consolidate the current operating regulation, which 
includes five on-site bridge tender control stations, into one 
centralized control point for all five drawbridges. This rule also 
proposes to add a sixth drawbridge that will also operate under the 
centralized control point. This proposed action is intended to improve 
navigational safety and operational efficiency in the Joliet area.

DATES: Comments and related material must reach the Coast Guard on or 
before October 27, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0365 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or delivery: 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. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

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 Cheryl 
Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed 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.

1. Submitting comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2014-0365), 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, 
type in the docket number [USCG-2014-0365] in the ``SEARCH'' box and 
click ``SEARCH''. Click on ``Submit a Comment'' on the line associated 
with this rulemaking. 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.

2. 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, 
type the docket number [USCG-2014-0365] in the ``SEARCH'' box and click 
``SEARCH''. Click on Open Docket Folder on the line associated with 
this rulemaking. 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.

3. 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).

4. Public Meeting

    We do not now plan to hold a public meeting regarding this 
rulemaking. But you may submit a request for one using one of the three 
methods specified under ADDRESSES. Please explain why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

B. Regulatory History and Information

    Currently, the Illinois Waterway drawbridge operation regulations 
contained in 33 CFR Part 117, Subpart B--Specific Requirements, 117.393 
(c), state that ``The draws of the McDonough Street Bridge, mile 287.3; 
Jefferson Street Bridge, Mile 287.9; Cass Street Bridge, Mile 288.1; 
Jackson Street Bridge, Mile 288.4; and Ruby Street Bridge, Mile 288.7; 
all of Joliet, shall open on signal, except that they need not open 
from 7:30 a.m. to 8:30 a.m. and from 4:15 p.m. to 5:15 p.m. Monday 
through Saturday.'' Additionally, the Brandon Road Drawbridge, Mile 
285.8, Illinois Waterway, also in Joliet, currently operates without a 
special operating schedule under Subpart B.
    On July 12, 2012, the Illinois Department of Transportation 
requested approval of plans to centralize the bridge tenders for the 
five drawbridges listed in 33 CFR 117.393(c), and also to include the 
Brandon Road Drawbridge as a sixth drawbridge operated under this 
centralized plan. The Coast Guard

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determined that centralizing the bridge tenders and remotely operating 
the six Joliet highway drawbridges will not impede navigation. This 
determination is expected to be proven through a test period before a 
final rule is put into place. Additionally, this proposed rule change 
has been discussed with navigation interests on numerous occasions.

C. Basis and Purpose

    The Illinois Waterway is a navigable waterway connecting Chicago, 
Illinois and Lake Michigan through a combination of improved natural 
waterways and canals with the Upper Mississippi River at Grafton, 
Illinois. This waterway spans a course of 327 miles. The U.S. Army 
Corps of Engineers operates nine locks on the Illinois Waterway that 
provide a safe and efficient navigation system, carrying approximately 
24 million tons of cargo each year.
    The goal of centralizing the drawbridge operations is to improve 
safety and operations for river and street traffic as well as the 
workers who conduct the operations. As proposed, centralizing the 
bridge tenders is anticipated to also improve the operating efficiency 
for all six drawbridges.
    Centralizing the bridge tenders would have no impact on the 
existing regulations regarding hours or methods of bridge operations. 
This proposed rule change is in accordance with the provisions under 33 
CFR 117.42 for remotely operated and automated drawbridges and would 
centralize the bridge tenders at one local control station.

D. Discussion of Proposed Rule

    This rule proposes a local centralized control center, adjacent to 
Jackson Street Bridge, and bridge tender operation manned by three 
bridge tenders at all times, continuing to operate the five draw 
bridges as currently required under 33 CFR 117.393(c). Additionally, a 
sixth drawbridge, the Brandon Road Drawbridge, Mile 285.8, Illinois 
Waterway, would also be operated through the proposed centralized 
control center. The Brandon Road Drawbridge does not require a special 
operating schedule under Subpart B and will still open on signal or 
request, but it would be remotely operated from the new centralized 
location under this proposed rule. The local centralized bridge tender 
operation and control center will be supported by two dedicated fiber 
optic communication systems (one is redundant) with wireless backup, 
closed circuit television cameras, thermal cameras, and boat detection 
equipment at each bridge. This centralized control center network will 
be equipped with a diesel powered backup generator.
    Through the use of multiple closed circuit television cameras, 
thermal (infrared) cameras, and boat detectors, the bridge operators 
will have a more comprehensive overview of vessel traffic.
    The Coast Guard has determined that centralizing the bridge tenders 
to a local control station will not adversely impact navigation. 
Rather, this proposed centralized plan is intended to improve 
navigational safety in the Joliet area by providing bridge tenders a 
more comprehensive view of vessel traffic.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    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, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders.
    We expect the economic impact of this rule on commercial traffic 
operating on the Illinois Waterway to be minimal. The operating 
procedures affected by this change will create more efficiency in 
vessel movement and proposes no new restrictions but centralizes the 
bridge tender operations. Therefore a full Regulatory Evaluation is 
unnecessary.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 would not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which might be small entities: The owners or operators of vessels 
needing to transit through the bridge.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons: This 
proposed action will provide greater efficiency in vessel movement by 
centralizing bridge tender operations which will reduce wait times for 
bride openings. This proposed rule further imposes no new restrictions 
on the waterway but merely changes the bridge tender operations.
    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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. 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.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to

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coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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. This proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
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. 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

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.  117.393(c) to read as follows:


Sec.  117.393  Illinois Waterway.

* * * * *
    (c) The draws of the McDonough Street Bridge, mile 287.3; Jefferson 
Street Bridge, Mile 287.9; Cass Street Bridge, Mile 288.1; Jackson 
Street Bridge, Mile 288.4; and Ruby Street Bridge, Mile 288.7; all of 
Joliet, shall open on signal, except that they need not open from 7:30 
a.m. to 8:30 a.m. and from 4:15 p.m. to 5:15 p.m. Monday through 
Saturday. These five bridges along with Brandon Road Drawbridge, Mile 
285.8, Illinois Waterway are all operated from a local centralized 
location adjacent to the Jackson Street Bridge, Mile 288.4. Each of 
these six bridges is equipped with closed circuit television cameras, 
infrared cameras, and boat detection equipment.
* * * * *

    Dated: August 6, 2014.
Kevin S. Cook,
Rear Admiral, Commander, U.S. Coast Guard, Eighth Coast Guard District.
[FR Doc. 2014-19990 Filed 8-26-14; 8:45 am]
BILLING CODE 9110-04-P