[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Rules and Regulations]
[Pages 81179-81181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32735]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0358]
RIN 1625-AA09
Drawbridge Operation Regulation; Missouri River, Atchison, KS
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating schedule that
governs the Atchison Railroad Drawbridge, Mile 422.5, across the
Missouri River at Atchison, KS. Under this rule the drawbridge will
open on signal if at least a two-hour notification is given. This rule
change allows the bridge to operate under the customary schedule
[[Page 81180]]
that has been adopted by the waterway users.
DATES: This rule is effective on January 28, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2014-0358 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 Mr. Eric Washburn, Bridge Administrator, Western Rivers,
Bridge Branch, Coast Guard; telephone 314-269-2378, email
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
II. Background Information and Regulatory History
On April 10, 2015, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Missouri River,
Atchison, KS'' in the Federal Register (80 FR 19252). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Atchison Railroad Drawbridge crosses the Missouri River at mile
422.5 in Atchison, Kansas and operates in accordance with 33 CFR
117.411 and 117.687 which apply to all drawbridges over the Missouri
River. The vertical clearance of the bridge in the closed position is
37.5 feet above zero on this gage. Due to very limited drawspan
openings and to codify the operating schedule that has been adopted by
the waterway usersc, the Union Pacific Railroad requested a two-hour
advance notice of opening the bridge's drawspan during the commercial
navigation season.
The Union Pacific Railroad has documented the limited number of
vessel openings per year at this bridge. This information is available
at the Coast Guard Western Rivers, Bridge Branch; see the
aforementioned contact information.
Upon this request and further review by the Coast Guard, it was
concluded that a two-hour advance notice on drawspan openings of the
Atchison Railroad Drawbridge would not create a consistency issue with
other bridges on the Missouri River nor adversely affect navigation.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period in which no comments were
received.
This rule adds special operating requirements codifying the
customary advance notice for openings of the Atchison Railroad Bridge
under 33 CFR part 117, subpart B as required under 33 CFR 117.8. The
proposed change will add a paragraph (b) to 33 CFR 117.411, a reference
to this paragraph in 33 CFR 117.687, and allow for bridge drawspan
openings to take place provided at least a two-hour advance notice is
given.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on a number of these statutes and E.O.s, and we discuss
First Amendment rights of protesters.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 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 E.O. 12866. Accordingly, it has not been
reviewed by the Office of Management and Budget.
This proposed rule is not a significant regulatory action and does
not require a full assessment. As a matter of custom in the area,
commercial mariners already provide advance notice; therefore this rule
has little, if any, impact on current navigation.
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 will not have a significant economic impact on a
substantial number of small entities.
This rule is neutral to all business entities operating on the
waterway and simply requires a two-hour advance notice to open the
bridge. As stated above, it is custom in the area to provide advance
notice for a requested opening. This rule simply codifies such notice
already given as a customary practice. While some owners or operators
of vessels intending to transit the bridge may be small entities, for
the reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
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.
C. 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).
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
[[Page 81181]]
principles and preemption requirements described in E.O. 13132.
Also, 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.
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
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.
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.
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. 117.411 to read as follows:
Sec. 117.411 Missouri River.
(a) The draws of the bridges across the Missouri River shall open
on signal; except during the winter season between the date of closure
and the date of opening of the commercial navigation season as
published by the Army Corps of Engineers, the draw need not open unless
at least 24 hours advance notice is given.
(b) The draw of the Atchison Railroad Bridge, Mile 422.5, Missouri
River need not open unless a two-hour advance notice is given during
the commercial navigation season.
0
3. Revise Sec. 117.687 to read as follows:
Sec. 117.687 Missouri River.
The draws of the bridges, except for the Atchison Railroad Bridge,
Mile 422.5, see Sec. 117.411(b) for further details, across the
Missouri River shall open on signal; except during the winter season
between the date of closure and date of opening of the commercial
navigation season as published by the Army Corps of Engineers, the
draws need not open unless at least 24-hours advance notice is given.
Dated: December 11, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-32735 Filed 12-28-15; 8:45 am]
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