This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

61770

Vol. 69, No. 203

Thursday, October 21, 2004

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD08–04–033] 

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 7 a.m., December 15, 

2004, until 8 a.m., March 15, 2005. This 

proposed rule would allow time for 

making upgrades to critical mechanical 

components and perform scheduled 

annual maintenance/repairs.

DATES: Comments and related material 

must reach the Coast Guard on or before 

November 22, 2004.

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 (CGD08–04–033), 

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 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know that they reached us, 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 one 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 August 12, 2004, 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 89 consecutive days for 

critical repairs and annual maintenance. 

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 Rock Island 

Arsenal requested the drawbridge be 

permitted to remain closed-tonavigation from 7 a.m., December 15, 

2004, until 8 a.m., March 15, 2005. 

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. This 

proposed rule will have a negligible 

impact on vessel traffic. The primary 

users of the Upper Mississippi River in 

Rock Island, Illinois 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 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. 

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 (Public Law 104–

121), we want to assist small entities in 

Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Proposed Rules 61771

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, Governmental 

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 does not create an 

environmental risk to health or risk to 

safety that may 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 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 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. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. Therefore, it 

does not require a Statement of Energy 

Effects under Executive Order 13211. 

Environment 

We have analyzed this rule under 

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 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 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 7 a.m., December 15, 2004 

until 8 a.m. March 15, 2005, temporarily 

add new § 117.T394 to read as follows:

§ 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: October 1, 2004. 

R.F. Duncan, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District.

[FR Doc. 04–23545 Filed 10–20–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

49 CFR Parts 192 and 195 

[Docket No. RSPA–04–16855; Notice 1] 

RIN 2137–AD97 

Pipeline Safety: Standards for Direct 

Assessment of Gas and Hazardous 

Liquid Pipelines

AGENCY: Research and Special Programs 

Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document proposes 

regulations that would require pipeline 

operators to meet certain standards if 

they use direct assessment to evaluate 

the threat of corrosion on regulated 

onshore gas, hazardous liquid, and 

carbon dioxide pipelines. The 

standards, which are already in effect 

for gas transmission lines in highconsequence areas, involve processes of 

data collection, indirect inspection, 

direct examination, and evaluation. 

Congress has directed DOT to prescribe 

standards for inspection of pipelines by 

direct assessment. The proposed 

regulations should advance the use of 

direct assessment as a method of