[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Proposed Rules]
[Pages 70090-70092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27176]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0687]
RIN 1625-AA09


Drawbridge Operation Regulation; Illinois Waterway, Pearl, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to modify operations for the 
Kansas City Southern Railroad Drawbridge across the Illinois Waterway 
at Mile 43.2 near Pearl, Illinois by designating it as a remotely 
operated drawbridge. This proposed action is intended to maintain 
navigational safety while increasing operational efficiency of the 
Kansas City Southern Railroad Drawbridge. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before February 18, 2020.

ADDRESSES:  You may submit comments identified by docket number USCG-
2019-0687 using Federal e-Rulemaking 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 Mr. Eric Washburn, Bridge Administrator, Western 
Rivers, (314) 269-2378, email Eric.Washburn@uscg.mil.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    On March 09, 2019, Kansas City Southern requested approval to 
operate the Kansas City Southern Railroad Drawbridge remotely. A 
subsequent Coast Guard Remote Operations Case Report found no 
objections to the change from local waterway users, and recommended the 
change be forwarded for District Commander approval in accordance with 
33 CFR 117.42.
    The purpose of this rulemaking is to improve safety and operations 
for river and rail traffic as well as the workers who conduct the 
operations and improve the bridge operating efficiency.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish remote operating 
procedures for the Kansas City Southern Railroad Drawbridge across the 
Illinois Waterway at Mile 43.2 near Pearl, Illinois in 33 CFR 117.393. 
The draw span is currently maintained in the fully open position and 
train operators close the draw span to allow trains to pass. This 
proposed rule would establish a method of remote operation and 
communication between vessels and bridge closure personnel that would 
improve the flow of marine traffic, and enhance safety by leveraging 
remote sensing units to prevent unexpected closures.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not

[[Page 70091]]

been designated a ``significant regulatory action,'' under Executive 
Order 12866. Accordingly, the NPRM has not been reviewed by the Office 
of Management and Budget (OMB) and pursuant to OMB guidance it is 
exempt from the requirements of Executive Order 13771.
    This regulatory action determination is based on the location and 
effect of the rule. The proposed change to bridge operations will shift 
the bridge control point from an on-scene operator to a remotely 
located operator, but result in no change or increase in requirements 
for vessels seeking to navigate past the bridge.

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.).

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 rule under Department of Homeland Security 
Management Directive 023-01, U.S. Coast Guard Environmental Planning 
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental 
Planning Implementation Procedures (series) which guide the Coast Guard 
in complying with the National Environmental Policy Act of 1969 (42 
U.S.C. 4321-4370f). We have made a preliminary determination that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
proposed rule promulgates the operating regulations or procedures for 
drawbridges. Normally this action is categorically excluded from 
further review, under paragraph L49, of Chapter 3, Table 3-1 of the 
U.S. Coast Guard Environmental Planning Implementation Procedures 
5090.1. 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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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.

[[Page 70092]]

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; DHS Delegation No. 
0170.1.


Sec.  117.393  Illinois Waterway.

0
2. Amend Sec.  117.393 by adding paragraph (e) to read as follows:
* * * * *
    (e) The draw span of the Kansas City Southern Railroad Drawbridge, 
mile 43.2, at Pearl, Illinois, is operated by remote operator located 
in Kansas City, Missouri as follows:
    (1) The draw is normally maintained in the fully open position, 
displaying green center span navigation lights to indicate the draw 
span is fully open.
    (2) When rail traffic approaches the bridge, the remote operator 
located in Kansas City, Missouri, will scan the river for vessel 
traffic via video cameras mounted near and under the bridge. Once the 
remote operator has visually verified no vessel traffic is present, 
they will announce on VHF-FM Channel 16 the draw span will be lowering 
for rail traffic.
    (3) If a vessel is approaching the bridge, the draw will remain 
open. The vessel shall contact the train operator on VHF-FM channel 16 
or 14 and the remote operator shall keep the draw in the fully open 
position until the vessel has cleared the bridge.
    (4) If no vessels are observed, the remote operator initiates a 
five minute warning period on VHF-FM radio channel 16 before closing 
the bridge. The remote operator will broadcast the following message: 
``The Kansas City Southern Railroad Bridge at Mile 43.2, Illinois 
River, will close to navigation in five minutes.'' The announcement is 
repeated every minute counting down the time remaining until closure.
    (5) At the end of the five minute warning period, and no vessels 
are approaching the bridge, the remote operator shall sound the siren 
for 30 seconds, activate the alternate flashing red light on top of the 
draw, then lower and lock the draw in place. Red lights continue to 
flash to indicate the draw is closed to navigation.
    (6) During the lowering process a boat detection system will 
monitor immediately upstream, downstream, and under the bridge, if a 
vessel enters the detection area, the lowering will cease and the 
remote operator will be immediately notified that an obstruction is 
present.
    (7) After rail traffic has cleared the bridge, the remote operator 
will raise the draw span back to the fully open to navigation position, 
lock the draw span in place, stop the red flashing lights, and ensure 
the draw lights are changed from red to green.
    (8) Once fully reopened, an automated verbal announcement will be 
made via VHF-FM Channel 16 indicating the bridge is again open to 
vessel traffic. Mariners may contact the remote operator via 
radiotelephone on VHF-FM Channel 14, or by standard telephone calling 1 
(800) 892-6295.

     Dated: December 10, 2019.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Eighth Coast Guard District Commander.
[FR Doc. 2019-27176 Filed 12-19-19; 8:45 am]
BILLING CODE 9110-04-P


