[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81179-81181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32735]


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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: Final rule.

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

[[Page 81180]]

that has been adopted by the waterway users.

DATES: This rule is effective on January 28, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2014-0358 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Eric Washburn, Bridge Administrator, Western Rivers, 
Bridge Branch, Coast Guard; telephone 314-269-2378, email 
[email protected].

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

II. Background Information and Regulatory History

    On April 10, 2015, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Missouri River, 
Atchison, KS'' in the Federal Register (80 FR 19252). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Atchison Railroad Drawbridge crosses the Missouri River at mile 
422.5 in Atchison, Kansas and operates in accordance with 33 CFR 
117.411 and 117.687 which apply to all drawbridges over the Missouri 
River. The vertical clearance of the bridge in the closed position is 
37.5 feet above zero on this gage. Due to very limited drawspan 
openings and to codify the operating schedule that has been adopted by 
the waterway usersc, 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.
    Upon this request and further review by the Coast Guard, it was 
concluded that a two-hour advance notice on drawspan openings of the 
Atchison Railroad Drawbridge would not create a consistency issue with 
other bridges on the Missouri River nor adversely affect navigation.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period in which no comments were 
received.
    This rule adds special operating requirements codifying the 
customary advance notice for openings of the Atchison Railroad Bridge 
under 33 CFR part 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protesters.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    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 
has little, if any, impact on current navigation.

B. 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 received no comments from the Small Business 
Administration on this rule. 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 operating on the 
waterway and 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 codifies such notice 
already given as a customary practice. While some owners or operators 
of vessels intending to transit the bridge may be small entities, for 
the reasons stated in section V.A above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    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 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. 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.

C. 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).

D. Federalism and Indian Tribal Government

    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 rule under that Order and have 
determined that it is consistent with the fundamental federalism

[[Page 81181]]

principles and preemption requirements described in E.O. 13132.
    Also, 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.

E. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 made a 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, 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.

G. 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.

List of Subjects in 33 CFR Part 117

    Bridges.
    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.  117.411 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: December 11, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-32735 Filed 12-28-15; 8:45 am]
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