82_FR_789 82 FR 787 - Drawbridge Operation Regulation; Upper Mississippi River, IA

82 FR 787 - Drawbridge Operation Regulation; Upper Mississippi River, IA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 2 (January 4, 2017)

Page Range787-789
FR Document2016-31893

The Coast Guard proposes to change 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 proposed rule would allow 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 proposed rule would allow for flexibility in beginning these special operating schedules each year based on the arrival of winter weather.

Federal Register, Volume 82 Issue 2 (Wednesday, January 4, 2017)
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Proposed Rules]
[Pages 787-789]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31893]


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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: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change 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 proposed rule would allow 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 proposed rule 
would allow for flexibility in beginning these special operating 
schedules each year based on the arrival of winter weather.

DATES: Comments and related material must reach the Coast Guard on or 
before March 6, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0561 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
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, Purpose and Legal Basis

    For 7 years the Coast Guard has issued temporary deviations 
requiring 24 hours advance notice to open for the three drawbridges 
between Lock and Dam No. 14, mile 493.3, and Lock and Dam No. 10, mile 
615.1, on the Upper Mississippi River. The temporary deviations allowed 
the bridge owners to perform preventive maintenance during the winter 
season when there is less impact on navigation. Most recently, the 
temporary deviations for 2015 were published in the Federal Register in 
December, 2015 as follows: ``Drawbridge Operation Regulation; Upper 
Mississippi River, Clinton, IA'' and ``Drawbridge Operation Regulation; 
Upper Mississippi River, Dubuque, IA'' both published on December 4, 
2015 (80 FR 75811); and ``Drawbridge Operation Regulation; Upper 
Mississippi River,

[[Page 788]]

Sabula IA'' published on December 21, 2015 (80 FR 79260). The local 
mariners in this area have complied with these 24-hour advance notice 
deviations. Through this rule, under the authority in 33 U.S.C. 499 and 
33 CFR 117.8, the Coast Guard is proposing to make these temporary 
deviations part of a permanent regulation. The Coast Guard proposes to 
do this by including the bridges between Lock and Dam No. 14 and Lock 
and Dam No. 10 in the regulation for specific requirements under 33 CFR 
117.671(a), allowing the bridges to open on signal if at least 24 hours 
advance notice is given between on/or about December 15 through the 
last day of February each year. Through the same authorities, this rule 
proposes an amendment to 117.671(a) and (b) to change the beginning 
date for the special operating schedules for all drawbridges listed 
under this regulation.
    The purpose of this proposed rulemaking is to eliminate the need 
for bridge owners to request a temporary deviation each year for the 
winter season in order to perform preventative maintenance that is 
essential to the safe operation for the drawbridges. Additionally, the 
proposed date change would allow flexibility in when to begin the 
special operating schedules each year based on the arrival of winter 
weather.
    There are three bridges affected by this proposed change. The 
Clinton Railroad Drawbridge, mile 518.0, at Clinton, IA, provides a 
vertical clearance of 18.7 feet above normal pool in the closed-to-
navigation position, the Sabula Railroad Drawbridge, mile 535.0, at 
Sabula, IA, provides a vertical clearance of 18.1 feet above normal 
pool in the closed-to-navigation position, and the Illinois Central 
Railroad Drawbridge, mile 579.9, at Dubuque, IA, provides a vertical 
clearance of 19.9 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.

III. Discussion of Proposed Rule

    This proposed rulemaking would change the operating schedule for 
three bridges by amending 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. As proposed, the special operating schedule would be amended to 
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 
proposed rule would also change 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 would be 
issued each year indicating the start date for the special operating 
schedule. The bridges that would 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 would 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. 
The regulatory text and changes we are proposing appear at the end of 
this document.

IV. 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 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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM 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 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. 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 proposed 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 proposed 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. 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.

C. 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.).

[[Page 789]]

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 proposed 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 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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

F. 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. 
Normally such actions are 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

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

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: December 22, 2016.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2016-31893 Filed 1-3-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules                                             787

                                                    calendar quarter (in the case of a brewer               published in the Rules and Regulations                 Lock and Dam No. 10, mile 615.1, on
                                                    who was previously authorized to                        section of this issue of the Federal                   the Upper Mississippi River by adding
                                                    submit reports quarterly).                              Register].                                             a 24-hour notice requirement for
                                                       (2) Required statement. When filing                                                                         openings during the winter season. This
                                                    the first quarterly or monthly report                   PART 28—EXPORTATION OF                                 proposed rule would allow the
                                                    described in paragraph (d)(1)(i) of this                ALCOHOL                                                drawbridges to remain in the closed-to-
                                                    section, a brewer must state on the form                ■  16. The authority citation for part 28              navigation position for extended periods
                                                    that it is increasing the frequency of its              is revised to read as follows:                         allowing the owners of the drawbridges
                                                    reporting and henceforth will submit                                                                           to perform preventive maintenance that
                                                    quarterly or monthly reports, as                          Authority: 5 U.S.C. 552(a); 19 U.S.C. 81c,           is essential to the safe operation of the
                                                    applicable. The brewer must then                        1202; 26 U.S.C. 5001, 5007, 5008, 5041, 5051,
                                                                                                            5054, 5061, 5121, 5122, 5201, 5205, 5207,
                                                                                                                                                                   drawbridges. This proposed rule would
                                                    continue to file the appropriate form for               5232, 5273, 5301, 5313, 5555, 6109, 6302,              allow for flexibility in beginning these
                                                    each subsequent quarter or month of                     7805; 27 U.S.C. 203, 205; 44 U.S.C. 3504(h).           special operating schedules each year
                                                    that calendar year.                                                                                            based on the arrival of winter weather.
                                                       (e) More frequent reporting required                 ■ 17. [The proposed amendatory
                                                                                                                                                                   DATES: Comments and related material
                                                    by TTB. The appropriate TTB officer                     instructions and the proposed
                                                                                                                                                                   must reach the Coast Guard on or before
                                                    may at any time require a brewer who                    regulatory text for part 28 are the same
                                                                                                                                                                   March 6, 2017.
                                                    is filing Form 5130.9 or Form 5130.26                   as the amendatory instructions and the
                                                                                                            amendatory regulatory text set forth in                ADDRESSES: You may submit comments
                                                    quarterly or annually to file such reports                                                                     identified by docket number USCG–
                                                    more frequently if there is a jeopardy to               the temporary rule on this subject
                                                                                                            published in the Rules and Regulations                 2016–0561 using Federal eRulemaking
                                                    the revenue.                                                                                                   Portal at http://www.regulations.gov.
                                                       (f) Submission and retention. The                    section of this issue of the Federal
                                                                                                            Register].                                                See the ‘‘Public Participation and
                                                    brewer may submit reports in either                                                                            Request for Comments’’ portion of the
                                                    paper format or electronically via TTB                                                                         SUPPLEMENTARY INFORMATION section
                                                    Pay.gov. The brewer must retain a copy                  PART 30—GAUGING MANUAL
                                                                                                                                                                   below for instructions on submitting
                                                    of Form 5130.9 or Form 5130.26 (or any                  ■ 18. The authority citation for part 30               comments.
                                                    successor form) in either paper or                      continues to read as follows:
                                                    electronic format as part of the brewery                                                                       FOR FURTHER INFORMATION CONTACT: If
                                                                                                                Authority: 26 U.S.C. 7805.                         you have questions on this proposed
                                                    records.
                                                                                                            ■ 19. [The proposed amendatory                         rule, call or email Eric A. Washburn,
                                                    PART 26—LIQUORS AND ARTICLES                            instructions and the proposed                          Bridge Administrator, Western Rivers,
                                                    FROM PUERTO RICO AND THE VIRGIN                         regulatory text for part 30 are the same               Coast Guard; telephone 314–269–2378,
                                                    ISLANDS                                                 as the amendatory instructions and the                 email Eric.Washburn@uscg.mil.
                                                                                                            amendatory regulatory text set forth in                SUPPLEMENTARY INFORMATION:
                                                    ■  12. The authority citation for part 26               the temporary rule on this subject
                                                    is revised to read as follows:                          published in the Rules and Regulations                 I. Table of Abbreviations
                                                      Authority: 19 U.S.C. 81c; 26 U.S.C. 5001,             section of this issue of the Federal                   CFR Code of Federal Regulations
                                                    5007, 5008, 5010, 5041, 5051, 5061, 5111–               Register].                                             DHS Department of Homeland Security
                                                    5114, 5121, 5122–5124, 5131–5132, 5207,                                                                        E.O. Executive Order
                                                    5232, 5271, 5275, 5301, 5314, 5555, 6001,                 Signed: December 21, 2016.
                                                                                                                                                                   FR Federal Register
                                                    6109, 6301, 6302, 6804, 7101, 7102, 7651,               Mary G. Ryan,                                          NPRM Notice of proposed rulemaking
                                                    7652, 7805; 27 U.S.C. 203, 205; 31 U.S.C.               Acting Administrator.                                  SNPRM Supplemental notice of proposed
                                                    9301, 9303, 9304, 9306.                                   Approved: December 22, 2016.                           rulemaking
                                                    ■ 13. [The proposed amendatory                                                                                 Pub. L. Public Law
                                                                                                            Timothy E. Skud,
                                                    instructions and the proposed                                                                                  § Section
                                                                                                            Deputy Assistant Secretary. (Tax, Trade, and           U.S.C. United States Code
                                                    regulatory text for part 26 are the same                Tariff Policy).
                                                    as the amendatory instructions and the                  [FR Doc. 2016–31415 Filed 1–3–17; 8:45 am]             II. Background, Purpose and Legal
                                                    amendatory regulatory text set forth in                 BILLING CODE 4810–31–P
                                                                                                                                                                   Basis
                                                    the temporary rule on this subject                                                                                For 7 years the Coast Guard has
                                                    published in the Rules and Regulations                                                                         issued temporary deviations requiring
                                                    section of this issue of the Federal                                                                           24 hours advance notice to open for the
                                                                                                            DEPARTMENT OF HOMELAND
                                                    Register].                                                                                                     three drawbridges between Lock and
                                                                                                            SECURITY
                                                                                                                                                                   Dam No. 14, mile 493.3, and Lock and
                                                    PART 27—IMPORTATION OF
                                                                                                            Coast Guard                                            Dam No. 10, mile 615.1, on the Upper
                                                    DISTILLED SPIRITS, WINES, AND
                                                                                                                                                                   Mississippi River. The temporary
                                                    BEER
                                                                                                            33 CFR Part 117                                        deviations allowed the bridge owners to
                                                    ■  14. The authority citation for part 27               [Docket No. USCG–2016–0561]                            perform preventive maintenance during
                                                    is revised to read as follows:                                                                                 the winter season when there is less
                                                                                                            RIN 1625–AA09                                          impact on navigation. Most recently, the
                                                      Authority: 5 U.S.C. 552(a), 19 U.S.C. 81c,
                                                    1202; 26 U.S.C. 5001, 5007, 5008, 5010, 5041,                                                                  temporary deviations for 2015 were
                                                    5051, 5054, 5061, 5121, 5122–5124, 5201,
                                                                                                            Drawbridge Operation Regulation;                       published in the Federal Register in
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    5205, 5207, 5232, 5273, 5301, 5313, 5555,               Upper Mississippi River, IA                            December, 2015 as follows: ‘‘Drawbridge
                                                    6109, 6302, 7805.                                       AGENCY:   Coast Guard, DHS.                            Operation Regulation; Upper
                                                    ■ 15. [The proposed amendatory                          ACTION:   Notice of proposed rulemaking.               Mississippi River, Clinton, IA’’ and
                                                    instructions and the proposed                                                                                  ‘‘Drawbridge Operation Regulation;
                                                    regulatory text for part 27 are the same                SUMMARY:  The Coast Guard proposes to                  Upper Mississippi River, Dubuque, IA’’
                                                    as the amendatory instructions and the                  change the operating schedule that                     both published on December 4, 2015 (80
                                                    amendatory regulatory text set forth in                 governs the draws of all bridges between               FR 75811); and ‘‘Drawbridge Operation
                                                    the temporary rule on this subject                      Lock and Dam No. 14, mile 493.3, and                   Regulation; Upper Mississippi River,


                                               VerDate Sep<11>2014   18:07 Jan 03, 2017   Jkt 241001   PO 00000   Frm 00054   Fmt 4702   Sfmt 4702   E:\FR\FM\04JAP1.SGM   04JAP1


                                                    788                    Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules

                                                    Sabula IA’’ published on December 21,                   to include the draws of three additional                  This regulatory action determination
                                                    2015 (80 FR 79260). The local mariners                  bridges located between Lock and Dam                   is based on the availability for vessels to
                                                    in this area have complied with these                   No. 14, mile 493.3 to Lock and Dam No.                 transit the bridge provided advanced
                                                    24-hour advance notice deviations.                      10, mile 615.1. This proposed rule                     notice is given. Moreover, the advanced
                                                    Through this rule, under the authority                  would also change the language of                      notice requirement will be during the
                                                    in 33 U.S.C. 499 and 33 CFR 117.8, the                  117.671(a) and (b) to begin the special                winter months, which is a time of year
                                                    Coast Guard is proposing to make these                  operating schedules on or about                        when vessel traffic is at its lowest as has
                                                    temporary deviations part of a                          December 15 each year instead of on                    been done in past years utilizing
                                                    permanent regulation. The Coast Guard                   December 15 each year. A notice of                     temporary deviations to provide for the
                                                    proposes to do this by including the                    enforcement would be issued each year                  change in bridge openings.
                                                    bridges between Lock and Dam No. 14                     indicating the start date for the special
                                                    and Lock and Dam No. 10 in the                          operating schedule. The bridges that                   B. Impact on Small Entities
                                                    regulation for specific requirements                    would be included in this amended
                                                    under 33 CFR 117.671(a), allowing the                   special local regulation are the Clinton                  The Regulatory Flexibility Act of 1980
                                                    bridges to open on signal if at least 24                Railroad Drawbridge, mile 518.0, at                    (RFA), 5 U.S.C. 601–612, as amended,
                                                    hours advance notice is given between                   Clinton, IA, the Sabula Railroad                       requires federal agencies to consider the
                                                    on/or about December 15 through the                     Drawbridge, mile 535.0, at Sabula, IA,                 potential impact of regulations on small
                                                    last day of February each year. Through                 and the Illinois Central Railroad                      entities during rulemaking. The term
                                                    the same authorities, this rule proposes                Drawbridge, mile 579.9, at Dubuque, IA.                ‘‘small entities’’ comprises small
                                                    an amendment to 117.671(a) and (b) to                   Currently these bridges open on signal.                businesses, not-for-profit organizations
                                                    change the beginning date for the                       This change would require the bridges                  that are independently owned and
                                                    special operating schedules for all                     to open on signal if at least 24 hours                 operated and are not dominant in their
                                                    drawbridges listed under this                           advance notice is given beginning on or                fields, and governmental jurisdictions
                                                    regulation.                                             about December 15 and lasting through                  with populations of less than 50,000.
                                                       The purpose of this proposed                         the last day of February each year.                    The Coast Guard certifies under 5 U.S.C.
                                                    rulemaking is to eliminate the need for
                                                                                                               Winter conditions, such as ice on the               605(b) that this proposed rule would not
                                                    bridge owners to request a temporary
                                                                                                            Upper Mississippi River, coupled with                  have a significant economic impact on
                                                    deviation each year for the winter
                                                                                                            annual closure of various lock and dams                a substantial number of small entities.
                                                    season in order to perform preventative
                                                                                                            between mile 493.3 and 615.1, will                     While some owners or operators of
                                                    maintenance that is essential to the safe
                                                                                                            preclude any significant navigation                    vessels intending to transit the bridge
                                                    operation for the drawbridges.
                                                                                                            demands for the drawspan openings.                     may be small entities, for the reasons
                                                    Additionally, the proposed date change
                                                                                                            There are no alternate routes for vessels              stated in section IV.A above this
                                                    would allow flexibility in when to begin
                                                                                                            transiting this section of the Upper                   proposed rule would not have a
                                                    the special operating schedules each
                                                                                                            Mississippi River and the bridges                      significant economic impact on any
                                                    year based on the arrival of winter
                                                    weather.                                                cannot open in case of emergency                       vessel owner or operator.
                                                       There are three bridges affected by                  during preventative maintenance
                                                                                                            operations; the drawbridges would open                    If you think that your business,
                                                    this proposed change. The Clinton                                                                              organization, or governmental
                                                    Railroad Drawbridge, mile 518.0, at                     if at least 24 hours advance notice is
                                                                                                            given. The regulatory text and changes                 jurisdiction qualifies as a small entity
                                                    Clinton, IA, provides a vertical                                                                               and that this rule would have a
                                                    clearance of 18.7 feet above normal pool                we are proposing appear at the end of
                                                                                                            this document.                                         significant economic impact on it,
                                                    in the closed-to-navigation position, the
                                                                                                                                                                   please submit a comment (see
                                                    Sabula Railroad Drawbridge, mile 535.0,                 IV. Regulatory Analyses                                ADDRESSES) explaining why you think it
                                                    at Sabula, IA, provides a vertical
                                                    clearance of 18.1 feet above normal pool                  We developed this proposed rule after                qualifies and how and to what degree
                                                    in the closed-to-navigation position, and               considering numerous statutes and                      this rule would economically affect it.
                                                    the Illinois Central Railroad Drawbridge,               Executive Orders related to rulemaking.                   Under section 213(a) of the Small
                                                    mile 579.9, at Dubuque, IA, provides a                  Below we summarize our analyses                        Business Regulatory Enforcement
                                                    vertical clearance of 19.9 feet above                   based on these statutes and Executive                  Fairness Act of 1996 (Pub. L. 104–121),
                                                    normal pool in the closed-to-navigation                 Orders and we discuss First                            we want to assist small entities in
                                                    position. Navigation on the waterway                    Amendment rights of protestors.                        understanding this proposed rule. If the
                                                    consists primarily of commercial tows                   A. Regulatory Planning and Review                      rule would affect your small business,
                                                    and recreational watercraft and will not                                                                       organization, or governmental
                                                    be significantly impacted.                                 Executive Orders 12866 and 13563                    jurisdiction and you have questions
                                                                                                            direct agencies to assess the costs and                concerning its provisions or options for
                                                    III. Discussion of Proposed Rule                        benefits of available regulatory                       compliance, please contact the person
                                                       This proposed rulemaking would                       alternatives and, if regulation is
                                                                                                                                                                   listed in the FOR FURTHER INFORMATION
                                                    change the operating schedule for three                 necessary, to select regulatory
                                                                                                                                                                   CONTACT, above. The Coast Guard will
                                                    bridges by amending the regulations                     approaches that maximize net benefits.
                                                                                                                                                                   not retaliate against small entities that
                                                    governing the Upper Mississippi River                   Executive Order 13563 emphasizes the
                                                    drawbridge operating requirements                       importance of quantifying both costs                   question or complain about this
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                                                    under 33 CFR 117.671(a) to include                      and benefits, of reducing costs, of                    proposed rule or any policy or action of
                                                    these bridges. Currently, this special                  harmonizing rules, and of promoting                    the Coast Guard.
                                                    operating schedule applies to the draws                 flexibility. This NPRM has not been                    C. Collection of Information
                                                    of all bridges on the Upper Mississippi                 designated a ‘‘significant regulatory
                                                    River from Lock and Dam No. 10, mile                    action,’’ under Executive Order 12866.                   This proposed rule would call for no
                                                    615.1 to Lock and Dam No. 2, mile                       Accordingly, the NPRM has not been                     new collection of information under the
                                                    815.2. As proposed, the special                         reviewed by the Office of Management                   Paperwork Reduction Act of 1995 (44
                                                    operating schedule would be amended                     and Budget.                                            U.S.C. 3501–3520.).


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                                                                           Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules                                                      789

                                                    D. Federalism and Indian Tribal                         review, under figure 2–1, paragraph                    List of Subjects in 33 CFR Part 117
                                                    Government                                              (32)(e), of the Instruction.                             Bridges.
                                                       A rule has implications for federalism                 Under figure 2–1, paragraph (32)(e), of                For the reasons discussed in the
                                                    under Executive Order 13132,                            the Instruction, an environmental                      preamble, the Coast Guard proposes to
                                                    Federalism, if it has a substantial direct              analysis checklist and a categorical                   amend 33 CFR part 117 as follows:
                                                    effect on the States, on the relationship               exclusion determination are not
                                                    between the national government and                     required for this rule. We seek any                    PART 117—DRAWBRIDGE
                                                    the States, or on the distribution of                   comments or information that may lead                  OPERATION REGULATIONS
                                                    power and responsibilities among the                    to the discovery of a significant
                                                                                                            environmental impact from this                         ■ 1. The authority citation for part 117
                                                    various levels of government. We have                                                                          continues to read as follows:
                                                    analyzed this proposed rule under that                  proposed rule.
                                                    Order and have determined that it is                                                                             Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                            G. Protest Activities
                                                                                                                                                                   Department of Homeland Security Delegation
                                                    consistent with the fundamental
                                                                                                              The Coast Guard respects the First                   No. 0170.1.
                                                    federalism principles and preemption
                                                    requirements described in Executive                     Amendment rights of protesters.                        ■   2. Revise § 117.671 to read as follows:
                                                    Order 13132.                                            Protesters are asked to contact the
                                                                                                                                                                   § 117.671   Upper Mississippi River.
                                                                                                            person listed in the FOR FURTHER
                                                       Also, this proposed rule does not have                                                                        (a) The draws of all bridges between
                                                                                                            INFORMATION CONTACT section to
                                                    tribal implications under Executive                                                                            Lock and Dam No. 14, mile 493.3, and
                                                                                                            coordinate protest activities so that your
                                                    Order 13175, Consultation and                                                                                  Lock and Dam No. 2, mile 815.2, shall
                                                                                                            message can be received without
                                                    Coordination with Indian Tribal                                                                                open on signal; except that, from on or
                                                                                                            jeopardizing the safety or security of
                                                    Governments, because it would not have                                                                         about December 15 through the last day
                                                                                                            people, places or vessels.
                                                    a substantial direct effect on one or                                                                          of February, the draws shall open on
                                                    more Indian tribes, on the relationship                 V. Public Participation and Request for                signal if at least 24 hours notice is given.
                                                    between the Federal Government and                      Comments                                                 (b) The draws of all bridges between
                                                    Indian tribes, or on the distribution of                                                                       Lock and Dam No. 2, mile 815.2 and
                                                    power and responsibilities between the                     We view public participation as                     Lock and Dam No. 1, mile 847.6, shall
                                                    Federal Government and Indian tribes.                   essential to effective rulemaking, and                 open on signal; except that, from on or
                                                    If you believe this proposed rule has                   will consider all comments and material                about December 15 through the last day
                                                    implications for federalism or Indian                   received during the comment period.                    of February, the draws shall open on
                                                    tribes, please contact the person listed                Your comment can help shape the                        signal if at least 12 hours notice is given.
                                                    in the FOR FURTHER INFORMATION                          outcome of this rulemaking. If you
                                                                                                            submit a comment, please include the                     Dated: December 22, 2016.
                                                    CONTACT section above.
                                                                                                            docket number for this rulemaking,                     D.R. Callahan,
                                                    E. Unfunded Mandates Reform Act                         indicate the specific section of this                  Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                            document to which each comment                         Eighth Coast Guard District.
                                                      The Unfunded Mandates Reform Act
                                                                                                            applies, and provide a reason for each                 [FR Doc. 2016–31893 Filed 1–3–17; 8:45 am]
                                                    of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                            suggestion or recommendation.                          BILLING CODE 9110–04–P
                                                    Federal agencies to assess the effects of
                                                    their discretionary regulatory actions. In                 We encourage you to submit
                                                    particular, the Act addresses actions                   comments through the Federal
                                                                                                            eRulemaking Portal at http://                          DEPARTMENT OF HOMELAND
                                                    that may result in the expenditure by a                                                                        SECURITY
                                                    State, local, or tribal government, in the              www.regulations.gov. If your material
                                                    aggregate, or by the private sector of                  cannot be submitted using http://                      Coast Guard
                                                    $100,000,000 (adjusted for inflation) or                www.regulations.gov, contact the person
                                                    more in any one year. Though this                       in the FOR FURTHER INFORMATION                         33 CFR Part 165
                                                    proposed rule will not result in such an                CONTACT section of this document for
                                                                                                            alternate instructions.                                [Docket Number USCG–2016–1019]
                                                    expenditure, we do discuss the effects of
                                                    this proposed rule elsewhere in this                       We accept anonymous comments. All                   RIN 1625–AA00
                                                    preamble.                                               comments received will be posted
                                                                                                            without change to http://                              Safety Zone; Apra Harbor, Guam
                                                    F. Environment                                          www.regulations.gov and will include                   AGENCY:   Coast Guard, DHS.
                                                      We have analyzed this proposed rule                   any personal information you have
                                                                                                            provided. For more about privacy and                   ACTION:   Notice of proposed rulemaking.
                                                    under Department of Homeland
                                                    Security Management Directive 023–01                    the docket, you may review a Privacy                   SUMMARY:    The Coast Guard proposes to
                                                    and Commandant Instruction                              Act notice regarding the Federal Docket                revise the existing safety zones currently
                                                    M16475.lD, which guides the Coast                       Management System in the March 24,                     in effect at Naval Wharf Kilo in Apra
                                                    Guard in complying with the National                    2005, issue of the Federal Register (70                Outer Harbor, Guam, by adding a 500-
                                                    Environmental Policy Act of 1969                        FR 15086).                                             yard permanent safety zone, hereinafter
                                                    (NEPA) (42 U.S.C. 4321–4370f), and                         Documents mentioned in this notice,                 referred to as Safety Zone D, to provide
                                                    have made a preliminary determination                   and all public comments, are in our                    a buffer between the explosives
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                                                    that this action is one of a category of                online docket at http://                               regularly handled on Naval Wharf Kilo,
                                                    actions which do not individually or                    www.regulations.gov and can be viewed                  and the general public and maritime
                                                    cumulatively have a significant effect on               by following that Web site’s                           operators. The addition of Safety Zone
                                                    the human environment. This proposed                    instructions. Additionally, if you go to               D would also reduce the frequency of
                                                    rule simply promulgates the operating                   the online docket and sign up for email                enforcement of Safety Zones A and B.
                                                    regulations or procedures for                           alerts, you will be notified when                      This action also eliminates from the
                                                    drawbridges. Normally such actions are                  comments are posted or a final rule is                 regulation the requirement to post a sign
                                                    categorically excluded from further                     published.                                             when Safety Zones A or B are being


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Document Created: 2017-01-04 00:29:26
Document Modified: 2017-01-04 00:29:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before March 6, 2017.
ContactIf you have questions on this proposed rule, call or email Eric A. Washburn, Bridge Administrator, Western Rivers, Coast Guard; telephone 314-269-2378, email [email protected]
FR Citation82 FR 787 
RIN Number1625-AA09

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