80 FR 81179 - Drawbridge Operation Regulation; Missouri River, Atchison, KS

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 249 (December 29, 2015)

Page Range		81179-81181
FR Document		2015-32735

The Coast Guard is changing the operating schedule that governs the Atchison Railroad Drawbridge, Mile 422.5, across the Missouri River at Atchison, KS. Under this rule the drawbridge will open on signal if at least a two-hour notification is given. This rule change allows the bridge to operate under the customary schedule that has been adopted by the waterway users.

Federal Register, Volume 80 Issue 249 (Tuesday, December 29, 2015)

[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81179-81181]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32735]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the operating schedule that 
governs the Atchison Railroad Drawbridge, Mile 422.5, across the 
Missouri River at Atchison, KS. Under this rule the drawbridge will 
open on signal if at least a two-hour notification is given. This rule 
change allows the bridge to operate under the customary schedule

[[Page 81180]]

that has been adopted by the waterway users.

DATES: This rule is effective on January 28, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2014-0358 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Eric Washburn, Bridge Administrator, Western Rivers, 
Bridge Branch, Coast Guard; telephone 314-269-2378, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 10, 2015, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Missouri River, 
Atchison, KS'' in the Federal Register (80 FR 19252). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Atchison Railroad Drawbridge crosses the Missouri River at mile 
422.5 in Atchison, Kansas and operates in accordance with 33 CFR 
117.411 and 117.687 which apply to all drawbridges over the Missouri 
River. The vertical clearance of the bridge in the closed position is 
37.5 feet above zero on this gage. Due to very limited drawspan 
openings and to codify the operating schedule that has been adopted by 
the waterway usersc, the Union Pacific Railroad requested a two-hour 
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.
    Upon this request and further review by the Coast Guard, it was 
concluded that a two-hour advance notice on drawspan openings of the 
Atchison Railroad Drawbridge would not create a consistency issue with 
other bridges on the Missouri River nor adversely affect navigation.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period in which no comments were 
received.
    This rule adds special operating requirements codifying the 
customary advance notice for openings of the Atchison Railroad Bridge 
under 33 CFR part 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.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protesters.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    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 
has little, if any, impact on current navigation.

B. 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 received no comments from the Small Business 
Administration on this rule. 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 operating on the 
waterway and 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 codifies such notice 
already given as a customary practice. While some owners or operators 
of vessels intending to transit the bridge may be small entities, for 
the reasons stated in section V.A above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above. 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.

C. 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).

D. Federalism and Indian Tribal Government

    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 rule under that Order and have 
determined that it is consistent with the fundamental federalism

[[Page 81181]]

principles and preemption requirements described in E.O. 13132.
    Also, 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.

E. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this 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 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, 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.

G. 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.

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

0
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.


0
2. Revise Sec.  117.411 to read as follows:


Sec.  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.
0
3. Revise Sec.  117.687 to read as follows:


Sec.  117.687  Missouri River.

    The draws of the bridges, except for the Atchison Railroad Bridge, 
Mile 422.5, see Sec.  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: December 11, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-32735 Filed 12-28-15; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 80, No. 249 / Tuesday, December 29, 2015 / Rules and Regulations 81179

5. Order No. 704 created the FERC view and/or print the contents of this § 375.311 Delegations to the Director of
Form No. 552 filing requirements. document via the Internet through the Office of Enforcement.
However, there is no delegated authority FERC’s Home Page (http:// * * * * *
contained in the regulations similar to www.ferc.gov) and in FERC’s Public (r) Deny or grant, in whole or in part,
that found for the other forms Reference Room during normal business motions for extension of time to file, or
administered by the Office of hours (8:30 a.m. to 5:00 p.m. Eastern requests for waiver of the requirements
Enforcement. In order to create time) at 888 First Street NE., Room 2A, of the following forms, data collections,
consistency among the delegations for Washington DC 20426. and reports: Annual Reports (Form Nos.
forms administered by the Office of 10. From FERC’s Home Page on the 1, 1–F, 2, 2–A, and 6); Quarterly Reports
Enforcement, this rule amends 18 CFR Internet, this information is available on (Form Nos. 3–Q and 6–Q); Annual
375.311(r) and (s) to add FERC Form No. eLibrary. The full text of this document Report of Centralized Service
552 to the list of forms included in the is available on eLibrary in PDF and Companies (Form No. 60); Narrative
delegations to the Director of the Office Microsoft Word format for viewing, Description of Service Company
of Enforcement. printing, and/or downloading. To access Functions (FERC–61); Annual Report of
this document in eLibrary, type the Natural Gas Transactions (Form No.
III. Information Collection Statement
docket number excluding the last three 552); Report of Transmission Investment
6. Review by the Office of Activity (FERC–730); and Electric
digits of this document in the docket
Management and Budget, pursuant to Quarterly Reports, as well as, where
number field.
section 3507(d) of the Paperwork required, the electronic filing of such
Reduction Act of 1995, is not required 11. User assistance is available for information (§ 385.2011 of this chapter,
since this final rule does not contain eLibrary and the FERC’s Web site during Procedures for filing on electronic
new or modified information collection normal business hours from FERC media, paragraphs (a)(6), (c), and (e)).
or recordkeeping requirements. Online Support at 202–502–6652 (toll (s) Provide notification if a submitted
free at 1–866–208–3676) or email at Annual Report (Form Nos. 1, 1–F, 2, 2–
IV. Environmental Analysis ferconlinesupport@ferc.gov, or the A, and 6), Quarterly Report (Form Nos.
7. The Commission is required to Public Reference Room at 202–502– 3–Q and 6–Q), Annual Report of
prepare an Environmental Assessment 8371, TTY 202–502–8659. Email the Centralized Service Companies (Form
or an Environmental Impact Statement Public Reference Room at No. 60), Narrative Description of Service
for any action that may have a public.referenceroom@ferc.gov. Company Functions (FERC–61), Annual
significant adverse effect on the human Report of Natural Gas Transactions
VII. Effective Date and Congressional
environment. Part 380 of the (Form No. 552), Report of Transmission
Notification
Commission’s regulations exempts Investment Activity (FERC–730), or
certain actions from the requirement 12. These regulations are effective Electric Quarterly Report fails to comply
that an Environmental Analysis or January 28, 2016. This rule is exempt with applicable statutory requirements,
Environmental Impact Statement be from the Congressional Review Act 9 and with all applicable Commission
prepared. Included is an exemption for under section 804 (3) because it relates rules, regulations, and orders for which
procedural, ministerial, or internal to ‘‘agency management or personnel; or a waiver has not been granted, or, when
administrative actions. As this Final (C) any rule of agency organization, appropriate, notify a party that a
Rule falls within that exemption, procedure, or practice that does not submission is acceptable.
issuance of the Rule does not represent substantially affect the rights or
a major federal action having a * * * * *
obligations of non-agency parties.’’ [FR Doc. 2015–32690 Filed 12–28–15; 8:45 am]
significant adverse effect on the human
environment under the Commission’s List of Subjects in 18 CFR Part 375 BILLING CODE 6717–01–P

regulations implementing the National
Authority delegations (Government
Environmental Policy Act, and, thus,
agencies), Seals and insignia, Sunshine DEPARTMENT OF HOMELAND
does not require an Environmental
Act. SECURITY
Analysis or Environmental Impact
Statement. By the Commission.
Issued: December 22, 2015.
Coast Guard
V. Regulatory Flexibility Act
Nathaniel J. Davis, Sr.,
8. The Regulatory Flexibility Act of 33 CFR Part 117
Deputy Secretary.
1980 (RFA) generally requires a [Docket No. USCG–2014–0358]
description and analysis of Final Rules In consideration of the foregoing, the
RIN 1625–AA09
that will have significant economic Commission amends Part 375, Chapter I,
impact on a substantial number of small Title 18, Code of Federal Regulations, as Drawbridge Operation Regulation;
entities. Rules that are exempt from the follows. Missouri River, Atchison, KS
notice and comment requirements of
section 553(b) of the Administrative PART 375—THE COMMISSION AGENCY: Coast Guard, DHS.
Procedure Act are exempt from the RFA ACTION: Final rule.
requirements. This Final Rule concerns ■ 1. The authority citation for Part 375
matters of internal agency procedure continues to read as follows: SUMMARY: The Coast Guard is changing
and, therefore, an analysis under the Authority: 5 U.S.C. 551–557; 15 U.S.C. the operating schedule that governs the
jstallworth on DSK7TPTVN1PROD with RULES

RFA is not required. 717–717w, 3301–3432; 16 U.S.C. 791–825r, Atchison Railroad Drawbridge, Mile
2601–2645; 42 U.S.C. 7101–7352. 422.5, across the Missouri River at
VI. Document Availability Atchison, KS. Under this rule the
9. In addition to publishing the full ■ 2. In § 375.311, paragraphs (r) and (s) drawbridge will open on signal if at
text of this document in the Federal are revised to read as follows: least a two-hour notification is given.
Register, the Commission provides all This rule change allows the bridge to
interested persons an opportunity to 95 U.S.C. 801–808. operate under the customary schedule

VerDate Sep<11>2014 15:24 Dec 28, 2015 Jkt 238001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1

Document Created: 2015-12-29 10:14:56
Document Modified: 2015-12-29 10:14:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on January 28, 2016.
Contact		If you have questions on this rule, call or email Mr. Eric Washburn, Bridge Administrator, Western Rivers, Bridge Branch, Coast Guard; telephone 314-269-2378, email [email protected]
FR Citation		80 FR 81179
RIN Number		1625-AA09

80 FR 81179 - Drawbridge Operation Regulation; Missouri River, Atchison, KS

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 249 (December 29, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard