![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Drawbridge Operation Regulation; Mississippi River, Dubuque, IA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 2, 2007 (Volume 72, Number 22)]
[Rules and Regulations]
[Page 4961-4963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe07-11]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-037]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Dubuque, IA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the drawbridge operations for the
Illinois Central Railroad Drawbridge across the Upper Mississippi River
at Mile 579.9, at Dubuque, Iowa. Under the rule, the drawbridge shall
open on signal if at least 24 hours advance notice is given from 12:01
a.m., on February 2, 2007 until 8 a.m., on March 15, 2007. This rule
allows time for making upgrades to critical mechanical components and
perform scheduled annual maintenance/repairs to the bridge and pier
protection.
DATES: The rule is effective from 12:01 a.m., on February 2, 2007 until
8 a.m., on March 15, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD08-06-037] and are available for inspection or
copying at room 2.107f in the Robert A. Young Federal Building at
Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. Commander (dwb), Eighth Coast Guard
District, Bridge Branch maintains the public docket for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 269-2378.
SUPPLEMENTARY INFORMATION:
Regulatory Information
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. Winter conditions on the Upper
Mississippi River coupled with the closure of Lock and Dam 11, Mile
583.0, Upper Mississippi River, at Dubuque, Iowa from January 2, 2007
until February 28, 2007 preclude any significant navigation demands for
the drawspan opening thereby making a 30-day delay during that period
unnecessary, and a delayed effective date would be contrary to the
public interest in prompt completion of the bridge's repairs and
maintenance work.
On November 16, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Mississippi River,
Iowa and Illinois in the Federal Register (71 FR 66711). We received no
comment letters on the proposed rule. No public hearing was requested,
and none was held.
Background and Purpose
On September 12, 2006, the Chicago, Central & Pacific Railroad
requested a temporary change to the operation of the Illinois Central
Railroad Drawbridge, across the Upper Mississippi River, Mile 579.9, at
Dubuque, Iowa to open on signal if at least 24 hours advance notice is
given to facilitate critical bridge repair and annual maintenance.
The Illinois Central Railroad Drawbridge navigation span has 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 due to the reduced navigation in winter months.
Presently, the draw opens on signal for passage of river traffic. The
Chicago, Central & Pacific Railroad requested the drawbridge be
permitted to remain closed-to-navigation from 12:01 a.m., February 2,
2007 until 8 a.m., March 15, 2007 unless 24 hours advance notice is
given of the need to open. The Illinois Central Railroad Drawbridge,
Mile 579.9, Upper Mississippi River, is located just downstream from
Lock and Dam 11. Performing maintenance on the bridge and pier
protection during the winter, when the number of vessels likely to be
impacted is minimal, is preferred to the bridge closure or advance
notification requirements during the navigation season. This
[[Page 4962]]
temporary change to the drawbridge's operation has been coordinated
with the commercial waterway operators.
Discussion of Comments and Changes
The Coast Guard received no comment letters. No changes have been
made to this temporary final rule.
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 this temporary change to the operation of
the Illinois Central Railroad Drawbridge to have a minimal economic
impact on commercial traffic operating on the Upper Mississippi River
such that a full regulatory evaluation under the regulatory policies
and procedures of DHS is unnecessary. This temporary change has been
written in such a manner as to allow for minimal interruption of the
drawbridge's regular operation, since the change is only in effect
during the winter months while commercial traffic is greatly reduced.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule
would not have a significant economic impact on a substantial number of
small entities. The rule will have a negligible impact on vessel
traffic. The primary users of the Upper Mississippi River in Dubuque,
Iowa are commercial towboat operators. With the onset of winter
conditions, most activity on the Upper Mississippi River is curtailed
and there are few, if any, significant navigation demands for opening
the drawspan. The Coast Guard expects the impact of this action to be
minimal.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding this rule so that they could better evaluate
its effects on them and participate in the rulemaking. 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 1-800-REG-FAIR (1-800-734-3247).
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).
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 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 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 rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This 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 rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This 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.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
[[Page 4963]]
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 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 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.
? For the reasons discussed in the preamble, the Coast Guard amends 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 12:01 a.m., February 2, 2007 until 8 a.m., March 15, 2007 in
Sec. 117.671 add new paragraph (c) to read as follows:
Sec. 117.671 Upper Mississippi River.
* * * * *
(c) The Illinois Central Railroad Drawbridge, Mile 579.9, Upper
Mississippi River at Dubuque, Iowa shall open on signal if at least 24
hours notice is given.
Dated: January 22, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E7-1615 Filed 2-1-07; 8:45 am]
BILLING CODE 4910-15-P