![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Drawbridge Operation Regulation; Mississippi River, Iowa and Illinois
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 2, 2005 (Volume 70, Number 105)]
[Proposed Rules]
[Page 32276-32278]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn05-19]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-05-025]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Iowa and Illinois
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the regulation governing
the Rock Island Railroad & Highway Drawbridge, across the Upper
Mississippi River at Mile 482.9, at Rock Island, Illinois. The
drawbridge need not open for river traffic and may remain in the
closed-to-navigation position from 8 a.m. to 11 a.m. on September 25,
2005. This proposed rule would allow the annually scheduled running of
a foot race as part of a local community event.
DATES: Comments and related material must reach the Coast Guard on or
before July 5, 2005.
ADDRESSES: You may mail comments and related material to Commander,
Eighth Coast Guard District, Bridge Branch, 1222 Spruce Street, St.
Louis, MO 63103-2832. Commander (obr) maintains the public docket for
this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at room 2.107f in the Robert A. Young Federal
Building, Eighth Coast Guard District, between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 539-3900, extension 2378.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD08-05-
025), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like
confirmation of receipt, please enclose a stamped, self-addressed
postcard or envelope. We will consider all comments and material
received during the comment period. We may change this proposed rule in
view of them.
Public Meeting
We do not now plan to hold a public meeting, but you may submit a
request for a meeting by writing to the Eighth Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that a meeting would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
Background and Purpose
On March 29, 2005, the Department of the Army Rock Island Arsenal
requested a temporary change to the operation of the Rock Island
Railroad & Highway Drawbridge across the Upper Mississippi River, Mile
482.9 at Rock Island, Illinois to allow the drawbridge to remain in the
closed-to-navigation position for a three hour period while a foot race
is held in the city of Davenport, IA. The drawbridge has a vertical
clearance of 23.8 feet above normal pool in the closed-to-navigation
position. Navigation on the waterway consists primarily of commercial
tows and recreational watercraft that will be minimally impacted by the
limited closure period of three hours. Presently, the draw opens on
signal for passage of river traffic. The Rock Island Arsenal requested
the drawbridge be permitted
[[Page 32277]]
to remain closed-to-navigation from 8 a.m. until 11 a.m. on Sunday,
September 25, 2005. This temporary change to the drawbridge's operation
has been coordinated with the commercial waterway operators.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, 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. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
The Coast Guard expects that this temporary change to operation of
the Rock Island Railroad & Highway Drawbridge will have minimal
economic impact on commercial traffic operating on the Upper
Mississippi River. This temporary change has been written in such a
manner as to allow for minimal interruption of the drawbridge's regular
operation.
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 would not have a significant economic impact on a substantial
number of small entities. This proposed rule will be in effect for only
3 hours early on a Sunday morning, and the Coast Guard expects the
impact of this action to be minimal.
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 could 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. Roger K. Wiebusch, Bridge
Administrator, Eighth Coast Guard District, Bridge Branch, at (314)
539-3900, extension 2378.
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 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 will not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Government 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 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.
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 rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section
[[Page 32278]]
2.B.2 of the Instruction. Therefore this rule is categorically excluded
under figure 2-1, paragraph 32(e) of the Instruction from further
environmental documentation. Paragraph 32(e) excludes the promulgation
of operating regulations or procedures for drawbridges from the
environmental documentation requirements of the National Environmental
Policy Act (NEPA). Since this proposed regulation would alter the
normal operating conditions of the drawbridge, it falls within this
exclusion. A ``Categorical Exclusion Determination'' is available in
the docket for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. From 8 a.m. to 11 a.m. on September 25, 2005, temporarily add
new Sec. 117.T394 to read as follows:
Sec. 117.T394 Upper Mississippi River.
The Rock Island Railroad and Highway Drawbridge, mile 482.9, at
Rock Island, Illinois, need not open for river traffic and may be
maintained in the closed-to-navigation position.
Dated: May 18, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-10899 Filed 6-1-05; 8:45 am]
BILLING CODE 4910-15-P