82 FR 55320 - Drawbridge Operation Regulation; Upper Mississippi River, IA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 223 (November 21, 2017)

Page Range		55320-55322
FR Document		2017-25197

The Coast Guard is changing the operating schedule that governs the draws of all bridges between Lock and Dam No. 14, mile 493.3, and Lock and Dam No. 10, mile 615.1, on the Upper Mississippi River by adding a 24-hour notice requirement for openings during the winter season. This revision allows the drawbridges to remain in the closed-to-navigation position for extended periods allowing the owners of the drawbridges to perform preventive maintenance that is essential to the safe operation of the drawbridges. This final rule will allow for flexibility in beginning these special operating schedules each year based on the arrival of winter weather.

Federal Register, Volume 82 Issue 223 (Tuesday, November 21, 2017)

[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Rules and Regulations]
[Pages 55320-55322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25197]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0561]
RIN 1625-AA09


Drawbridge Operation Regulation; Upper Mississippi River, IA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is changing the operating schedule that 
governs the draws of all bridges between Lock and Dam No. 14, mile 
493.3, and Lock and Dam No. 10, mile 615.1, on the Upper Mississippi 
River by adding a 24-hour notice requirement for openings during the 
winter season. This revision allows the drawbridges to remain in the 
closed-to-navigation position for extended periods allowing the owners 
of the drawbridges to perform preventive maintenance that is essential 
to the safe

[[Page 55321]]

operation of the drawbridges. This final rule will allow for 
flexibility in beginning these special operating schedules each year 
based on the arrival of winter weather.

DATES: This rule is effective on December 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0561. 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 Eric A. Washburn, Bridge Administrator, Western Rivers, 
Coast Guard; telephone 314-269-2378, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 4, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Upper Mississippi 
River, IA in the Federal Register (82 FR 787). We received 0 comments 
on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
This rule changes the operating schedule for three bridges by revising 
the regulations governing the Upper Mississippi River drawbridge 
operating requirements under 33 CFR 117.671(a) to include these 
bridges. Currently, this special operating schedule applies to the 
draws of all bridges on the Upper Mississippi River from Lock and Dam 
No. 10, mile 615.1 to Lock and Dam No. 2, mile 815.2. The operating 
schedule changes will now include the draws of three additional bridges 
located between Lock and Dam No. 14, mile 493.3 to Lock and Dam No. 10, 
mile 615.1. This rule also changes the language of 117.671(a) and (b) 
to begin the special operating schedules on or about December 15 each 
year instead of on December 15 each year. A notice of enforcement will 
be issued each year indicating the start date for the special operating 
schedule. The bridges that will be included in this amended special 
local regulation are the Clinton Railroad Drawbridge, mile 518.0, at 
Clinton, IA, the Sabula Railroad Drawbridge, mile 535.0, at Sabula, IA, 
and the Illinois Central Railroad Drawbridge, mile 579.9, at Dubuque, 
IA. Currently these bridges open on signal. This change will require 
the bridges to open on signal if at least 24 hours advance notice is 
given beginning on or about December 15 and lasting through the last 
day of February each year.
    Winter conditions, such as ice on the Upper Mississippi River, 
coupled with annual closure of various lock and dams between mile 493.3 
and 615.1, will preclude any significant navigation demands for the 
drawspan openings. There are no alternate routes for vessels transiting 
this section of the Upper Mississippi River and the bridges cannot open 
in case of emergency during preventative maintenance operations; the 
drawbridges would open if at least 24 hours advance notice is given.

IV. Discussion of Final Rule

    The Coast Guard provided a comment period of 60 days and no 
comments were received. No changes have been made to the proposed rule.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on these statutes and Executive Orders and we discuss First 
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the availability 
for vessels to transit the bridge provided advanced notice is given. 
Moreover, the advanced notice requirement will be during the winter 
months, which is a time of year when vessel traffic is at its lowest as 
has been done in past years utilizing temporary deviations to provide 
for the change in bridge openings.

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 would not have a significant economic impact on a 
substantial number of small entities. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section IV.A above this final rule would not have a 
significant economic impact on any vessel owner or operator.
    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.
    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.

[[Page 55322]]

C. 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.).

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 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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.

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 
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 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. A Memorandum for the Record (MWR) 
supporting this determination is available in the docket where 
indicated in the ADDRESSES section of this preamble.

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.  117.671 to read as follows:


Sec.  117.671   Upper Mississippi River.

    (a) The draws of all bridges between Lock and Dam No. 14, mile 
493.3, and Lock and Dam No. 2, mile 815.2, shall open on signal; except 
that, from on or about December 15 through the last day of February, 
the draws shall open on signal if at least 24 hours notice is given.
    (b) The draws of all bridges between Lock and Dam No. 2, mile 815.2 
and Lock and Dam No. 1, mile 847.6, shall open on signal; except that, 
from on or about December 15 through the last day of February, the 
draws shall open on signal if at least 12 hours notice is given.

    Dated: October 13, 2017.
P.F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2017-25197 Filed 11-20-17; 8:45 am]
 BILLING CODE 9110-04-P

55320 Federal Register / Vol. 82, No. 223 / Tuesday, November 21, 2017 / Rules and Regulations

various levels of government. We have jeopardizing the safety or security of remaining within the Race Area unless
analyzed this rule under that Order and people, places or vessels. an authorized race participant.
have determined that it is consistent (2) Designated representatives may
List of Subjects in 33 CFR Part 100 control vessel traffic throughout the
with the fundamental federalism
principles and preemption requirements Marine safety, Navigation (water), enforcement area as determined by the
described in Executive Order 13132. Reporting and recordkeeping prevailing conditions.
Also, this rule does not have tribal requirements, Waterways. (3) All vessels are to be anchored and/
implications under Executive Order For the reasons discussed in the or operate at a No Wake Speed in the
13175, Consultation and Coordination preamble, the Coast Guard amends 33 spectator area. On-scene designated
with Indian Tribal Governments, CFR part 100 as follows: representatives will direct spectator
because it does not have a substantial vessels to the spectator area.
direct effect on one or more Indian PART 100—SAFETY OF LIFE ON (4) Persons and vessels may request
tribes, on the relationship between the NAVIGABLE WATERS authorization to enter, transit through,
Federal Government and Indian tribes, anchor in, or remain within the
or on the distribution of power and ■ 1. The authority citation for part 100 regulated areas by contacting the COTP
responsibilities between the Federal continues to read as follows: St. Petersburg by telephone at (727)
Government and Indian tribes. If you Authority: 33 U.S.C. 1233. 824–7506, or a designated
believe this rule has implications for representative via VHF radio on channel
federalism or Indian tribes, please ■ 2. Add § 100.735 to read as follows: 16. If authorization is granted by the
contact the person listed in the FOR § 100.735 Special Local Regulation; COTP St. Petersburg or a designated
FURTHER INFORMATION CONTACT section. Annual OPA World Championships, Gulf of representative, all persons and vessels
E. Unfunded Mandates Reform Act Mexico; Englewood Beach, FL. receiving such authorization must
(a) Regulated areas. The following comply with the instructions of the
The Unfunded Mandates Reform Act COTP St. Petersburg or a designated
regulated areas are established as
of 1995 (2 U.S.C. 1531–1538) requires representative.
special local regulations. All
Federal agencies to assess the effects of (5) The Coast Guard will provide
coordinates are North American Datum
their discretionary regulatory actions. In notice of the special local regulations by
1983.
particular, the Act addresses actions Local Notice to Mariners and/or
(1) Race area. All waters of the Gulf
that may result in the expenditure by a Broadcast Notice to Mariners.
of Mexico contained within the
State, local, or tribal government, in the (d) Enforcement period. This rule will
following points: 26°56′00″ N.,
aggregate, or by the private sector of be enforced daily from 9 a.m. to 5 p.m.
082°22′11″ W., thence to position
$100,000,000 (adjusted for inflation) or on the third weekend of November
26°55′59″ N., 082°22′16″ W., thence to
more in any one year. Though this rule (Friday, Saturday and Sunday).
position 26°54′22″ N., 082°21′20″ W.,
will not result in such an expenditure,
thence to position 26°54′24″ N., Holly L. Najarian,
we do discuss the effects of this rule
082°21′16″ W., thence to position Captain, U.S. Coast Guard, Captain of the
elsewhere in this preamble.
26°54′25″ N., 082°21′17″ W., thence Port Saint Petersburg.
F. Environment back to the original position 26°56′00″ [FR Doc. 2017–25182 Filed 11–20–17; 8:45 am]
We have analyzed this rule under N., 082°21′11″ W. BILLING CODE 9110–04–P
Department of Homeland Security (2) Spectator area. All waters of the
Management Directive 023–01 and Gulf of Mexico contained with the
Commandant Instruction M16475.lD, following points: 26°55′33″ N., DEPARTMENT OF HOMELAND
which guide the Coast Guard in 082°22′21″ W., thence to position SECURITY
complying with the National 26°54′14″ N., 082°21′35″ W., thence to
Environmental Policy Act of 1969 (42 position 26°54′11″ N., 082°21′40″ W., Coast Guard
U.S.C. 4321–4370f), and have thence to position 26°55′31″ N.,
determined that this action is one of a 082°22′26″ W., thence back to position 33 CFR Part 117
category of actions that do not 26°55′33″ N., 082°22′21″ W. [Docket No. USCG–2016–0561]
individually or cumulatively have a (3) Enforcement area. All waters of
the Gulf of Mexico encompassed within RIN 1625–AA09
significant effect on the human
environment. This rule involves a the following points: 26°56′09″ N.,
082°22′12″ W., thence to position Drawbridge Operation Regulation;
special local regulation issued in Upper Mississippi River, IA
conjunction with a marine boat race. It 26°54′13″ N., 082°21′03″ W., thence to
is categorically excluded from further position 26°53′58″ N., 082°21′43″ W., AGENCY: Coast Guard, DHS.
review under paragraph 34(h) of Figure thence to position 26°55′56″ N., ACTION: Final rule.
2–1 of the Commandant Instruction. A 082°22′48″ W., thence back to position
Record of Environmental Consideration 26°56′09″ N., 082°22′12″ W. SUMMARY: The Coast Guard is changing
supporting this determination is (b) Definition. The term ‘‘designated the operating schedule that governs the
available in the docket where indicated representative’’ means Coast Guard draws of all bridges between Lock and
under ADDRESSES. Patrol Commanders, including Coast Dam No. 14, mile 493.3, and Lock and
Guard coxswains, petty officers, and Dam No. 10, mile 615.1, on the Upper
asabaliauskas on DSKBBXCHB2PROD with RULES

G. Protest Activities other officers operating Coast Guard Mississippi River by adding a 24-hour
The Coast Guard respects the First vessels, and Federal, state, and local notice requirement for openings during
Amendment rights of protesters. officers designated by or assisting the the winter season. This revision allows
Protesters are asked to contact the COTP St. Petersburg in the enforcement the drawbridges to remain in the closed-
person listed in the FOR FURTHER of the regulated areas. to-navigation position for extended
INFORMATION CONTACT section to (c) Regulations. (1) All persons and periods allowing the owners of the
coordinate protest activities so that your vessels are prohibited from entering, drawbridges to perform preventive
message can be received without transiting through, anchoring in, or maintenance that is essential to the safe

VerDate Sep<11>2014 17:18 Nov 20, 2017 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\21NOR1.SGM 21NOR1

Document Created: 2017-11-21 00:42:51
Document Modified: 2017-11-21 00:42:51

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 December 21, 2017.
Contact		If you have questions on this rule, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314-269-2378, email [email protected]
FR Citation		82 FR 55320
RIN Number		1625-AA09

82 FR 55320 - Drawbridge Operation Regulation; Upper Mississippi River, IA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 223 (November 21, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard