
[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Rules and Regulations]               
[Page 76217-76219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de08-7]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0100]
RIN 1625-AA09

 
Drawbridge Operation Regulations; Wabash River; Activity 
Identifier; Permanent Change to Operating Schedule

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard moves that the procedures for Operation of 
Drawbridges across the Wabash River be revised to reflect the needs of 
navigation. There were no comments or

[[Page 76218]]

related materials received from the public for the Notice of Final 
Rulemaking docket number USCG-2008-0100 that preceded this Final Rule.

DATES: This rule is effective January 15, 2009.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2008-0100 and are available online at  
http://www.regulations.gov. This material is also available for 
inspection or copying at two locations: The Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays, and the Eighth Coast Guard District, Bridge Branch, 1222 
Spruce Street, Suite 2.107F, St. Louis, MO 63103-2832 between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this final 
rule, call Mr. Roger Wiebusch, Bridge Administrator, (314) 269-2378. If 
you have questions on viewing the docket, call Ms. Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

Regulatory Information

    On May 5, 2008, we published a notice of proposed rulemaking (NPRM) 
entitled ``Drawbridge Operation Regulation; Wabash River, IL; Permanent 
Change to Operating Schedule'' in the Federal Register (Vol. 73, No. 
87). We received no letters commenting on the proposed rule. No public 
meeting was requested, and none was held.

Background and Purpose

    The Wabash River is a 475 mile long river in the eastern United 
States that flows generally southwest from Ohio, through Indiana, to 
Kentucky. The System rises in the vicinity of St. Henry, Ohio and flows 
across northern Indiana to Illinois where it forms the southern 
Illinois-Indiana border before draining into the Ohio River. The Wabash 
River flows into the Ohio River near Uniontown, Kentucky. The Wabash 
River drawbridge operation regulations, contained in 33 CFR 117.397, 
state that all drawbridges shall open on signal if given 72 hours 
advance notice. The Coast Guard has determined that this regulation is 
no longer necessary due to the lack of navigation on the river. This 
action was coordinated with the local marine industry and no objections 
or concerns were raised.

Discussion of Changes

    The changes to 33 CFR 117.397 will reflect the current needs of 
navigation on the Wabash River. The last request for opening of a 
drawspan on the Wabash River was in 1991. The U.S. Army Corps of 
Engineers does not maintain any project depth or navigable channel on 
the river. Commercial use of the waterway is only possible during 
periods of high water. During these periods ``snag and debris removal'' 
operations are carried out by small commercial vessels that can safely 
pass beneath all closed drawspans on the waterway.

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation is unnecessary.
    The drawbridges of the Wabash River do not presently open for the 
passage of vessels due to the lack of navigation on the river. The last 
recorded opening of a Wabash River drawspan was in 1991. Consultation 
with bridge owners indicated that currently no bridge on the Wabash 
River has a bridge tender position assigned to it. Therefore, no jobs 
will be lost, nor will any forms of commerce be disrupted by the rule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities. This rule is neutral to all business entities since it 
only clarifies how the bridges are operated.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this final rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and

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would not create an environmental risk to health or risk to safety that 
might disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 5100.1 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 concluded 
that there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation.
    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.

List of Subjects in 33 CFR Part 117

    Bridges.

0
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.  117.397 to read as follows:


Sec.  117.397  Wabash River

    The draws of the bridges across the Wabash River need not be opened 
for the passage of vessels.

    Dated: November 24, 2008.
Joel R. Whitehead,
RADM, USCG.
[FR Doc. E8-29733 Filed 12-15-08; 8:45 am]

BILLING CODE 4910-15-P
