[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Proposed Rules]
[Pages 19252-19254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08328]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0358]
RIN 1625-AA09


Drawbridge Operation Regulation; Missouri River, Atchison, KS

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to change the operating schedule 
that governs the Atchison Railroad Drawbridge, Mile 422.5, across the 
Missouri River at Atchison, KS. Under the proposed rule, the drawbridge 
will open on signal if at least a two-hour notification is given. This 
proposed rule allows the bridge to operate under the customary schedule 
that has been adopted by the waterway users.

DATES: Comments and related material must reach the Coast Guard on or 
before May 11, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0358 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, Bridge Branch, the Coast Guard; telephone 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 
proposed rulemaking (USCG-2014-0358), 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 the docket number [USCG-2014-0358] 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

[[Page 19253]]

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-2014-0358) 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. 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

    The Missouri River drawbridge operation regulations contained in 33 
CFR 117.411 and 117.687 state that the draws of the bridges across the 
Missouri River shall open on signal; except during the winter season 
between the date of closure and the date of opening of the commercial 
navigation season as published by the Army Corp of Engineers, the draw 
need not open unless at least 24 hours advance notice is given.
    The Union Pacific Railroad on April 29, 2009 requested the current 
operation regulations be changed from the open on signal requirement to 
a three-hour advance notice for drawspan openings for the Atchison 
Railroad Drawbridge, mile 422.5, in Atchison, KS. The request was 
denied by the Coast Guard because inconsistencies would be created with 
other drawbridges on the Missouri River resulting in an adverse effect 
to the waterway users.
    On April 29, 2014 the Union Pacific Railroad requested to change 
the operation regulations on the Atchison Railroad Drawbridge, mile 
422.5, across the Missouri River to a two-hour advance notice to open 
the drawspan. The Coast Guard was still concerned that a two-hour 
advance notice may still create an inconsistency with the other 
drawbridge openings on the Missouri River.
    The Coast Guard and the Union Pacific Railroad further reviewed the 
request, along with the opening schedules for the other drawbridges on 
the Missouri River and concluded that a two-hour advance notice on 
drawspan openings of the Atchison Railroad Drawbridge would not create 
a consistency issue or not adversely affect navigation.

C. Basis and Purpose

    The Atchison Railroad Drawbridge crosses the Missouri River at mile 
422.5 in Atchison, Kansas. Due to very limited drawspan openings and to 
codify the operating schedule that has been adopted by the waterway 
users, the Union Pacific Railroad requested a two-hour advance notice 
of opening the bridge's drawspan during the commercial navigation 
season.
    The Union Pacific Railroad has documented the limited number of 
vessel openings per year at this bridge. This information is available 
at the Coast Guard Western Rivers, Bridge Branch; see the 
aforementioned contact information.

D. Discussion of Proposed Rule

    This rule proposes to add special operating requirements codifying 
the customary advance notice for openings of the Atchison Railroad 
Bridge under 33 CFR 117, Subpart B as required under 33 CFR 117.8. The 
proposed change will add a paragraph (b) to 33 CFR 117.411, a reference 
to this paragraph in 33 CFR 117.687, and allow for bridge drawspan 
openings to take place provided at least a two-hour advance notice is 
given. This change is based on the very limited requests for openings 
during the commercial navigation season.

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.
    This proposed rule is not a significant regulatory action and does 
not require a full assessment. As a matter of custom in the area, 
commercial mariners already provide advance notice; therefore this rule 
proposes little, if any, impact on current navigation. Additionally, 
all vessels will be able to transit the bridge with advance 
notification.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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 is neutral to all business entities operating on 
the waterway. As proposed, the rule simply requires a two-hour advance 
notice to open the bridge. As stated above, it is custom in the area to 
provide advance notice for a requested opening. This rule simply 
proposed to codify such notice already given as a customary practice. 
Therefore, this action will not have a significant impact on small 
entities.
    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

[[Page 19254]]

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 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 
proposed 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.  117.411 to read as follows:


Sec.  117.411  Missouri River.

    (a) The draws of the bridges across the Missouri River shall open 
on signal; except during the winter season between the date of closure 
and the date of opening of the commercial navigation season as 
published by the Army Corps of Engineers, the draw need not open unless 
at least 24 hours advance notice is given.
    (b) The draw of the Atchison Railroad Bridge, Mile 422.5, Missouri 
River need not open unless a two-hour advance notice is given during 
the commercial navigation season.
0
3. Revise Sec.  117.687 to read as follows:


Sec.  117.687  Missouri River.

    The draws of the bridges, except for the Atchison Railroad Bridge, 
Mile 422.5, see Sec.  117.411(b) for further details, across the 
Missouri River shall open on signal; except during the winter season 
between the date of closure and date of opening of the commercial 
navigation season as published by the Army Corps of Engineers, the 
draws need not open unless at least 24-hours advance notice is given.

    Dated: March 17, 2015.
Kevin S. Cook,
Rear Admiral, Commander, U.S. Coast Guard, Eighth Coast Guard District.
[FR Doc. 2015-08328 Filed 4-9-15; 8:45 am]
 BILLING CODE 9110-04-P