[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Rules and Regulations]
[Pages 55320-55322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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


