19252 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules 

1 14 CFR 121.513. 

2 14 CFR 121.521(a) (emphasis added). 

3Letter to Timothy Slater from Rebecca 

MacPherson, Assistant Chief Counsel for 

Regulations (Sept. 7, 2012) (answer to Question 1). 

interpretation requests then ask the FAA 

to determine which specific flight, duty, 

and rest regulations would apply to 

these scenarios. Accordingly, the FAA 

must determine whether 14 CFR 

121.521 applies to a flightcrew 

consisting solely of two pilots. For the 

reasons discussed below, the FAA 

proposes to find that § 121.521 does not 

apply to any flight segment that is flown 

by a flightcrew consisting only of two 

pilots and no other flight crewmembers. 

Discussion of the Proposal 

Normally, air carriers conducting allcargo supplemental operations under 

part 121 must operate pursuant to the 

flight, duty, and rest provisions of 

§§ 121.503 through 121.509. However, 

supplemental air carriers conducting 

overseas and international all-cargo 

operations may elect, pursuant to 

§ 121.513, to comply with the flight time 

limitations of § 121.515 and §§ 121.521 

through 121.525 (commonly referred to 

as the ‘‘international rules’’).1

Section 121.521 governs the smallestsize flightcrew that can operate under 

these international rules. The regulatory 

text of § 121.521 unambiguously states 

that this section applies only to a ‘‘crew 

of two pilots and at least one additional 

flight crewmember.’’ 2 Thus, the plain 

text of § 121.521 states that there must 

be at least three flight crewmembers in 

order for § 121.521 to apply: (1) two 

pilots; and (2) at least one additional 

flight crewmember. The FAA reaffirmed 

this plain-text reading of § 121.521 in a 

2012 interpretation in which it found 

that a flightcrew consisting of three 

pilots would be subject to the provisions 

of § 121.521.3

Because § 121.521 governs the 

smallest-size flightcrew that can operate 

under the international part 121 flight, 

duty, and rest rules for supplemental 

all-cargo operations and because 

§ 121.521 only applies to a flightcrew 

that has at least three flight 

crewmembers, the FAA proposes to find 

that § 121.521 does not apply to a 

flightcrew of only two pilots and no 

other flight crewmembers. Under the 

proposed interpretation and consistent 

with the FAA’s precedent, a flightcrew 

of only two pilots in a supplemental 

part 121 all-cargo operation would be 

subject to the provisions of § 121.503 

and § 121.505, which, among other 

things, apply to a flightcrew consisting 

solely of two pilots. 

Issued in Washington, DC on April 1, 2015. 

Mark W. Bury, 

Assistant Chief Counsel for Regulations, 

AGC–200. 

[FR Doc. 2015–07991 Filed 4–9–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2014–0358] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Missouri River, Atchison, KS 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to change the operating schedule that 

governs the Atchison Railroad 

Drawbridge, Mile 422.5, across the 

Missouri River at Atchison, KS. Under 

the proposed rule, the drawbridge will 

open on signal if at least a two-hour 

notification is given. This proposed rule 

allows the bridge to operate under the 

customary schedule that has been 

adopted by the waterway users. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

May 11, 2015. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2014–0358 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. To avoid duplication, please 

use only one of these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Mr. Eric Washburn, 

Bridge Administrator, Western Rivers, 

Bridge Branch, the Coast Guard; 

telephone 314–269–2378, email 

Eric.Washburn@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

§ Section Symbol 

U.S.C. United States Code 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this proposed rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting comments 

If you submit a comment, please 

include the docket number for this 

proposed rulemaking (USCG–2014– 

0358), indicate the specific section of 

this document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http://

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http://

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a phone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number [USCG–2014–0358] in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. If you submit your 

comments by mail or hand delivery, 

submit them in an unbound format, no 

larger than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules 19253 

during the comment period and may 

change the rule based on your 

comments. 

2. Viewing comments and documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number (USCG–2014–0358) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC, 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the three methods 

specified under ADDRESSES. Please 

explain 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. 

B. Regulatory History and Information 

The Missouri River drawbridge 

operation regulations contained in 33 

CFR 117.411 and 117.687 state that the 

draws of the bridges across the Missouri 

River shall open on signal; except 

during the winter season between the 

date of closure and the date of opening 

of the commercial navigation season as 

published by the Army Corp of 

Engineers, the draw need not open 

unless at least 24 hours advance notice 

is given. 

The Union Pacific Railroad on April 

29, 2009 requested the current operation 

regulations be changed from the open 

on signal requirement to a three-hour 

advance notice for drawspan openings 

for the Atchison Railroad Drawbridge, 

mile 422.5, in Atchison, KS. The request 

was denied by the Coast Guard because 

inconsistencies would be created with 

other drawbridges on the Missouri River 

resulting in an adverse effect to the 

waterway users. 

On April 29, 2014 the Union Pacific 

Railroad requested to change the 

operation regulations on the Atchison 

Railroad Drawbridge, mile 422.5, across 

the Missouri River to a two-hour 

advance notice to open the drawspan. 

The Coast Guard was still concerned 

that a two-hour advance notice may still 

create an inconsistency with the other 

drawbridge openings on the Missouri 

River. 

The Coast Guard and the Union 

Pacific Railroad further reviewed the 

request, along with the opening 

schedules for the other drawbridges on 

the Missouri River and concluded that 

a two-hour advance notice on drawspan 

openings of the Atchison Railroad 

Drawbridge would not create a 

consistency issue or not adversely affect 

navigation. 

C. Basis and Purpose 

The Atchison Railroad Drawbridge 

crosses the Missouri River at mile 422.5 

in Atchison, Kansas. Due to very limited 

drawspan openings and to codify the 

operating schedule that has been 

adopted by the waterway users, the 

Union Pacific Railroad requested a twohour advance notice of opening the 

bridge’s drawspan during the 

commercial navigation season. 

The Union Pacific Railroad has 

documented the limited number of 

vessel openings per year at this bridge. 

This information is available at the 

Coast Guard Western Rivers, Bridge 

Branch; see the aforementioned contact 

information. 

D. Discussion of Proposed Rule 

This rule proposes to add special 

operating requirements codifying the 

customary advance notice for openings 

of the Atchison Railroad Bridge under 

33 CFR 117, Subpart B as required 

under 33 CFR 117.8. The proposed 

change will add a paragraph (b) to 33 

CFR 117.411, a reference to this 

paragraph in 33 CFR 117.687, and allow 

for bridge drawspan openings to take 

place provided at least a two-hour 

advance notice is given. This change is 

based on the very limited requests for 

openings during the commercial 

navigation season. 

E. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes or executive 

orders. 

1. Regulatory Planning and Review 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, as 

supplemented by Executive Order 

13563, Improving Regulation and 

Regulatory Review, and does not require 

an assessment of potential costs and 

benefits under section 6(a)(3) of Order 

12866 or under section 1 of Executive 

Order 13563. The Office of Management 

and Budget has not reviewed it under 

those Orders. 

This proposed rule is not a significant 

regulatory action and does not require a 

full assessment. As a matter of custom 

in the area, commercial mariners 

already provide advance notice; 

therefore this rule proposes little, if any, 

impact on current navigation. 

Additionally, all vessels will be able to 

transit the bridge with advance 

notification. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. 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 is neutral to all 

business entities operating on the 

waterway. As proposed, the rule simply 

requires a two-hour advance notice to 

open the bridge. As stated above, it is 

custom in the area to provide advance 

notice for a requested opening. This rule 

simply proposed to codify such notice 

already given as a customary practice. 

Therefore, this action will not have a 

significant impact on 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. 

3. 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. If the 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
19254 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Proposed Rules 

rule would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

4. 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.) 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this proposed rule under that 

Order and have determined that it does 

not have implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the ‘‘FOR FURTHER

INFORMATION CONTACT’’ section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. 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 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule will not result in such an 

expenditure, we do discuss the effects of 

this proposed rule elsewhere in this 

preamble. 

8. Taking of Private Property 

This proposed rule would not cause a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

9. 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. 

10. 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. 

11. 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. 

12. Energy Effects 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

14. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and 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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule simply promulgates the operating 

regulations or procedures for 

drawbridges. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

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; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.411 to read as follows: 

§ 117.411 Missouri River. 

(a) The draws of the bridges across the 

Missouri River shall open on signal; 

except during the winter season 

between the date of closure and the date 

of opening of the commercial navigation 

season as published by the Army Corps 

of Engineers, the draw need not open 

unless at least 24 hours advance notice 

is given. 

(b) The draw of the Atchison Railroad 

Bridge, Mile 422.5, Missouri River need 

not open unless a two-hour advance 

notice is given during the commercial 

navigation season. 

■ 3. Revise § 117.687 to read as follows: 

§ 117.687 Missouri River. 

The draws of the bridges, except for 

the Atchison Railroad Bridge, Mile 

422.5, see § 117.411(b) for further 

details, across the Missouri River shall 

open on signal; except during the winter 

season between the date of closure and 

date of opening of the commercial 

navigation season as published by the 

Army Corps of Engineers, the draws 

need not open unless at least 24-hours 

advance notice is given. 

Dated: March 17, 2015. 

Kevin S. Cook, 

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

Eighth Coast Guard District. 

[FR Doc. 2015–08328 Filed 4–9–15; 8:45 am] 

BILLING CODE 9110–04–P 


rljohnson on DSK3VPTVN1PROD with PROPOSALS