[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Proposed Rules]
[Pages 787-789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31893]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0561]
RIN 1625-AA09


Drawbridge Operation Regulation; Upper Mississippi River, IA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the draws of all bridges between Lock and Dam No. 14, mile 
493.3, and Lock and Dam No. 10, mile 615.1, on the Upper Mississippi 
River by adding a 24-hour notice requirement for openings during the 
winter season. This proposed rule would allow the drawbridges to remain 
in the closed-to-navigation position for extended periods allowing the 
owners of the drawbridges to perform preventive maintenance that is 
essential to the safe operation of the drawbridges. This proposed rule 
would allow for flexibility in beginning these special operating 
schedules each year based on the arrival of winter weather.

DATES: Comments and related material must reach the Coast Guard on or 
before March 6, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0561 using Federal eRulemaking Portal at http://www.regulations.gov.
    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 Eric A. Washburn, Bridge Administrator, Western 
Rivers, Coast Guard; telephone 314-269-2378, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    For 7 years the Coast Guard has issued temporary deviations 
requiring 24 hours advance notice to open for the three drawbridges 
between Lock and Dam No. 14, mile 493.3, and Lock and Dam No. 10, mile 
615.1, on the Upper Mississippi River. The temporary deviations allowed 
the bridge owners to perform preventive maintenance during the winter 
season when there is less impact on navigation. Most recently, the 
temporary deviations for 2015 were published in the Federal Register in 
December, 2015 as follows: ``Drawbridge Operation Regulation; Upper 
Mississippi River, Clinton, IA'' and ``Drawbridge Operation Regulation; 
Upper Mississippi River, Dubuque, IA'' both published on December 4, 
2015 (80 FR 75811); and ``Drawbridge Operation Regulation; Upper 
Mississippi River,

[[Page 788]]

Sabula IA'' published on December 21, 2015 (80 FR 79260). The local 
mariners in this area have complied with these 24-hour advance notice 
deviations. Through this rule, under the authority in 33 U.S.C. 499 and 
33 CFR 117.8, the Coast Guard is proposing to make these temporary 
deviations part of a permanent regulation. The Coast Guard proposes to 
do this by including the bridges between Lock and Dam No. 14 and Lock 
and Dam No. 10 in the regulation for specific requirements under 33 CFR 
117.671(a), allowing the bridges to open on signal if at least 24 hours 
advance notice is given between on/or about December 15 through the 
last day of February each year. Through the same authorities, this rule 
proposes an amendment to 117.671(a) and (b) to change the beginning 
date for the special operating schedules for all drawbridges listed 
under this regulation.
    The purpose of this proposed rulemaking is to eliminate the need 
for bridge owners to request a temporary deviation each year for the 
winter season in order to perform preventative maintenance that is 
essential to the safe operation for the drawbridges. Additionally, the 
proposed date change would allow flexibility in when to begin the 
special operating schedules each year based on the arrival of winter 
weather.
    There are three bridges affected by this proposed change. The 
Clinton Railroad Drawbridge, mile 518.0, at Clinton, IA, provides a 
vertical clearance of 18.7 feet above normal pool in the closed-to-
navigation position, the Sabula Railroad Drawbridge, mile 535.0, at 
Sabula, IA, provides a vertical clearance of 18.1 feet above normal 
pool in the closed-to-navigation position, and the Illinois Central 
Railroad Drawbridge, mile 579.9, at Dubuque, IA, provides a vertical 
clearance of 19.9 feet above normal pool in the closed-to-navigation 
position. Navigation on the waterway consists primarily of commercial 
tows and recreational watercraft and will not be significantly 
impacted.

III. Discussion of Proposed Rule

    This proposed rulemaking would change the operating schedule for 
three bridges by amending the regulations governing the Upper 
Mississippi River drawbridge operating requirements under 33 CFR 
117.671(a) to include these bridges. Currently, this special operating 
schedule applies to the draws of all bridges on the Upper Mississippi 
River from Lock and Dam No. 10, mile 615.1 to Lock and Dam No. 2, mile 
815.2. As proposed, the special operating schedule would be amended to 
include the draws of three additional bridges located between Lock and 
Dam No. 14, mile 493.3 to Lock and Dam No. 10, mile 615.1. This 
proposed rule would also change the language of 117.671(a) and (b) to 
begin the special operating schedules on or about December 15 each year 
instead of on December 15 each year. A notice of enforcement would be 
issued each year indicating the start date for the special operating 
schedule. The bridges that would be included in this amended special 
local regulation are the Clinton Railroad Drawbridge, mile 518.0, at 
Clinton, IA, the Sabula Railroad Drawbridge, mile 535.0, at Sabula, IA, 
and the Illinois Central Railroad Drawbridge, mile 579.9, at Dubuque, 
IA. Currently these bridges open on signal. This change would require 
the bridges to open on signal if at least 24 hours advance notice is 
given beginning on or about December 15 and lasting through the last 
day of February each year.
    Winter conditions, such as ice on the Upper Mississippi River, 
coupled with annual closure of various lock and dams between mile 493.3 
and 615.1, will preclude any significant navigation demands for the 
drawspan openings. There are no alternate routes for vessels transiting 
this section of the Upper Mississippi River and the bridges cannot open 
in case of emergency during preventative maintenance operations; the 
drawbridges would open if at least 24 hours advance notice is given. 
The regulatory text and changes we are proposing appear at the end of 
this document.

IV. 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 and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the availability 
for vessels to transit the bridge provided advanced notice is given. 
Moreover, the advanced notice requirement will be during the winter 
months, which is a time of year when vessel traffic is at its lowest as 
has been done in past years utilizing temporary deviations to provide 
for the change in bridge openings.

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 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. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section IV.A above this proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    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.
    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.

C. 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.).

[[Page 789]]

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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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

F. 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. 
Normally such actions are 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

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.  117.671 to read as follows:


Sec.  117.671  Upper Mississippi River.

    (a) The draws of all bridges between Lock and Dam No. 14, mile 
493.3, and Lock and Dam No. 2, mile 815.2, shall open on signal; except 
that, from on or about December 15 through the last day of February, 
the draws shall open on signal if at least 24 hours notice is given.
    (b) The draws of all bridges between Lock and Dam No. 2, mile 815.2 
and Lock and Dam No. 1, mile 847.6, shall open on signal; except that, 
from on or about December 15 through the last day of February, the 
draws shall open on signal if at least 12 hours notice is given.

    Dated: December 22, 2016.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2016-31893 Filed 1-3-17; 8:45 am]
 BILLING CODE 9110-04-P