[Federal Register: April 19, 2007 (Volume 72, Number 75)]
[Rules and Regulations]
[Page 19666-19668]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap07-4]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-06-013]
RIN 1625-AA09
Drawbridge Operation Regulation; Illinois Waterway, Illinois
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising the drawbridge operations for the
Pekin Railroad Drawbridge, Mile 151.2, at Pekin, Illinois and the
Chessie Railroad Drawbridge, Mile 254.1 at Seneca, Illinois across the
Illinois Waterway. The present regulation found in Sec. 117.393(b) is
being revised to reflect the actual procedures that have always been
followed. That regulation was intended to be temporary, for test
purposes only, and was inadvertently permanently included in the Code
of Federal Regulations. This rule eliminates the ``Specific
Requirements'' for remote operation, and the bridge will continue to
operate, as required by the Coast Guard, under the ``General
Requirements''. In addition, the Coast Guard is revising the regulation
governing the operation of the Chessie Railroad Drawbridge across the
Illinois Waterway, Mile 254.1, at Seneca, Illinois. The existing
regulation requires the drawspan to open on signal. This revision is
necessary to reflect a change in operating procedure.
DATES: This rule is effective on May 21, 2007.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in the preamble as being available in the docket,
are part of docket CGD8-06-013 and are available for inspection or
copying at room 2.107(f), in the Robert A. Young Federal Building,
Eighth Coast Guard District, 1222 Spruce Street, St. Louis, MO 63103-
2832, 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 History
On June 26, 2006, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation, Illinois Waterway, IL
in the Federal Register (71 FR 36295). On November 16, 2006, we
published a Supplemental notice of proposed rulemaking (SNPRM) entitled
Drawbridge Operation Regulation, Illinois Waterway, IL in the Federal
Register (71 FR 66713). We received no letters commenting on the
proposed rules. No public hearing was requested, and none was held.
Background and Purpose
A test period to remotely operate the Pekin Railroad Drawbridge,
Mile 151.2, across the Illinois Waterway was proposed by the bridge
owner. After that test period, it was determined that remote operation
was not feasible. The bridge owner withdrew the proposal and the Coast
Guard required the continued on-site operation of the bridge. The
bridge is not remotely operated. The bridge owner has always maintained
an on-site bridge operator for the bridge. However, the regulation
allowing the test period was inadvertently published as a permanent
change, and can be found in 33 CFR 117.393(b).
This rulemaking corrects the drawbridge operating regulations to
reflect Coast Guard approved operating conditions presently adhered to
by the bridge owner and waterway users.
33 CFR 117.5 requires the Chessie Railroad Drawbridge, mile 254.1,
Illinois Waterway at Seneca, Illinois to open on signal for the passage
of vessels. Due to reduced train use, the bridge owner removed the
bridgetender, maintains the drawspan in the fully open position and
allows train operators to close the bridge. This action was taken
without proper Coast Guard notification or approval. The rule improves
the navigation safety of bridge operations by establishing a method of
operation and communication between vessels and bridge closure
personnel.
Discussion of Comments and Changes
The Coast Guard received no comment letters in response to either
the NPRM or the SNPRM. There were no requests for public meetings. No
changes have been made to this final rule.
[[Page 19667]]
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.
The Coast Guard expects that these changes will have no economic
impact on commercial traffic operating on the Illinois Waterway.
The regulation changes will not affect the present safe operation
of the bridges.
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 will
not have a significant economic impact on a substantial number of small
entities.
This rule is neutral to all business entities since it affects only
how the vessel operators request bridge openings.
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 the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.
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 would 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.
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 NEPA. Since this regulation would alter
the normal operating conditions of the drawbridge, it falls within this
exclusion. A ``Categorical Exclusion
[[Page 19668]]
Determination'' is available in the docket for inspection or copying
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
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; Department of Homeland Security
Delegation No. 017.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Revise Sec. 117.393(b) to read as follows:
Sec. 117.393 Illinois Waterway.
* * * * *
(b) The draw of the Chessie Railroad Bridge, mile 254.1, at Seneca,
Illinois, operates as follows:
(1) The draw is normally maintained in the fully open position,
displaying green mid-channel lights to indicate the span is fully open.
(2) When a train approaches the bridge and the draw is in the open
position, the train will stop, train operator shall walk out on the
bridge and scan the river for approaching vessels.
(3) If a vessel is approaching the bridge, the draw will remain
open. The vessel shall contact the train operator on VHF-FM channel 16
and the train operator shall keep the draw in the fully open position
until the vessel has cleared the bridge.
(4) If no vessels are observed, the train operator initiates a five
minute warning period on VHF-FM radio channel 16 before closing the
bridge. The train operator will broadcast the following message: ``The
Chessie Railroad Bridge at Mile 254.1, Illinois River, will close to
navigation in five minutes.'' The announcement is repeated every minute
counting down the time remaining until closure.
(5) At the end of the five minute warning period, and if no vessels
are approaching the bridge, the train operator shall sound the siren
for 10 seconds, activate the alternate flashing red lights on top of
the draw, then lower and lock the draw in place. Red lights shall
continue to flash to indicate the draw is closed to navigation.
(6) After the train has cleared the bridge, the draw shall be
raised to its full height and locked in place, the red flashing lights
stopped, and the draw lights changed from red to green.
* * * * *
Dated: April 3, 2007.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. E7-7415 Filed 4-18-07; 8:45 am]
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