[Federal Register Volume 71, Number 21 (Wednesday, February 1, 2006)]
[Rules and Regulations]
[Pages 5170-5171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-904]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-06-001]
RIN 1625-AA09


Drawbridge Operation Regulation; Mississippi River, Iowa and 
Illinois

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is changing the regulation governing the 
Clinton Railroad Drawbridge, Mile 518.0, Upper Mississippi River at 
Clinton, 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 January 
20, 2006 until 9 a.m., on March 1, 2006. This rule allows time for 
making upgrades to critical mechanical components and to perform 
scheduled annual maintenance/repairs to the bridge.

DATES: This rule is effective from 12:01 a.m., January 20, 2006, until 
9 a.m., March 1, 2006.

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 the docket [CGD08-06-001] 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 (obr), Eighth Coast Guard 
District, maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge 
Administrator, (314) 539-3900, extension 2378.

SUPPLEMENTARY INFORMATION:

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation or give 30 days notice. Under 5 U.S.C. 553(b)(B) and 5 
U.S.C. 553(d)(3) the Coast Guard finds that good cause exists for not 
publishing an NPRM and for making this rule effective in less than 30 
days after publication in the Federal Register. Due to Hurricane 
Katrina and Hurricane Rita communications and documents were lost 
causing the inability to publish a NPRM and give 30 days notice because 
the maintenance has to begin during the winter months while river 
traffic is very minimal.

Background and Purpose

    On June 10, 2005, the Union Pacific Railroad Company requested a 
temporary change to the operation of the Clinton Railroad Drawbridge, 
across the Upper Mississippi River, Mile 518.0, at Clinton, Iowa to 
open on signal if at least 24 hours advance notice is given to 
facilitate critical bridge repair and annual maintenance. Advance 
notice may be given by calling the Clinton Yardmaster's office at (319) 
244-3204 at any time; or (319) 244-3269 weekdays between 7 a.m. and 
3:30 p.m.; or Mr. Tomaz Gawronski, office (515) 263-4536 or cell phone 
(515) 710-6829.
    The Clinton Railroad Drawbridge navigation span has a vertical 
clearance of 18.7 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 Union Pacific 
Railroad Company requested the drawbridge be permitted to remain 
closed-to-navigation from 12:01 a.m., January 20, 2005 until 9 a.m., 
March 1, 2006 unless 24 hours advance notice is given of the need to 
open. Winter conditions on the Upper Mississippi River coupled with the 
closure of Lock and Dam 19, Mile 364.3, Upper Mississippi River, at 
Keokuk, Iowa will preclude any significant navigation demands for the 
drawspan opening. The Clinton Railroad Drawbridge, Mile 518.0, Upper 
Mississippi River, is located upstream from Lock and Dam 19. Performing 
maintenance on the bridge 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 
temporary change to the drawbridge's operation has been coordinated 
with the commercial waterway operators.

Discussion of Changes

    This rule temporarily amends 33 CFR part 117, allowing the Clinton 
Railroad Drawbridge, mile 518.0, to change from an open on demand 
schedule to one requiring at least 24 hours advance notice.

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 Clinton Railroad 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 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

[[Page 5171]]

have a significant economic impact on a substantial number of small 
entities.

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 understanding this 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 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 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 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, Government 
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 might 
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 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 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 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.

Regulations

0
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; 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.


0
2. From January 20, 2005 until March 1, 2006, add temporary Sec.  
117.T399 to read as follows:


Sec.  117.T399  Upper Mississippi River.

    From 12:01 a.m., January 20, 2006 until 9 a.m., March 1, 2006 the 
Clinton Railroad Drawbridge, Mile 518.0, Upper Mississippi River at 
Clinton, Iowa shall open on signal if at least 24 hours notice is 
given. Notice may be given by calling Clinton Yardmaster's office at 
(319) 244-3204 at anytime; or (319) 244-3269 weekdays between 7 a.m. 
and 3:30 p.m.; or Mr. Tomaz Gawronski, office (515) 263-4536 or cell 
phone (515) 710-6829.

    Dated: January 20, 2006.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander Eighth Coast Guard District.
[FR Doc. 06-904 Filed 1-31-06; 8:45 am]
BILLING CODE 4910-15-P