Drawbridge Operation Regulations; Amendment, 28629-28639 [06-4631]

Download as PDF Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules detailed inspection in a note in the proposed AD. for a location to examine the regulatory evaluation. Costs of Compliance List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. This proposed AD would affect about 54 airplanes of U.S. registry. The proposed actions would take about 1 work hour per airplane, at an average labor rate of $80 per work hour. The manufacturer states that it will supply required parts to the operators at no cost. Based on these figures, the estimated cost of the proposed AD for U.S. operators is $4,320, or $80 per airplane. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the Agency’s authority. We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701, ‘‘General requirements.’’ Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. mstockstill on PROD1PC61 with PROPOSALS Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have 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. For the reasons discussed above, I certify that the proposed regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and 3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. We prepared a regulatory evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket. See the ADDRESSES section VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The Federal Aviation Administration (FAA) amends § 39.13 by adding the following new airworthiness directive (AD): Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA–2006– 24788; Directorate Identifier 2006–NM– 073–AD. Comments Due Date (a) The FAA must receive comments on this AD action by June 16, 2006. Affected ADs (b) None. Unsafe Condition (d) This AD results from a report that the terminal lugs for the power cables of the integrated drive generators (IDGs) may not be adequately crimped, which could allow the cables to be pulled out of the terminals with no significant force. We are issuing this AD to prevent the loss of all normal electrical power for the airplane, and consequent reduced controllability of the airplane. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified, unless the actions have already been done. Inspection and Corrective Actions (f) Within 600 flight hours after the effective date of this AD: Do a detailed inspection for proper crimping of terminal lugs for the power cables of each IDG, and install a new sleeve on the terminal. If the terminal lugs are not properly installed and crimped: Before further flight, re-crimp and install a new sleeve on the terminal. Do all actions in accordance with the Accomplishment Instructions of EMBREAR Service Bulletin 170–24–0028, dated January 4, 2006. Frm 00040 Note 1: For the purposes of this AD, a detailed inspection is: ‘‘An intensive examination of a specific item, installation, or assembly to detect damage, failure, or irregularity. Available lighting is normally supplemented with a direct source of good lighting at an intensity deemed appropriate. Inspection aids such as mirror, magnifying lenses, etc., may be necessary. Surface cleaning and elaborate procedures may be required.’’ Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information (h) Brazilian airworthiness directive 2006– 02–04, dated March 15, 2006, also addresses the subject of this AD. Issued in Renton, Washington, on May 9, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–7474 Filed 5–16–06; 8:45 am] BILLING CODE 4910–13–P Applicability (c) This AD applies to EMBRAER Model ERJ 170–100 LR, –100 STD, –100 SE, and –100 SU airplanes, certificated in any category; as identified in EMBRAER Service Bulletin 170–24–0028, dated January 4, 2006. PO 00000 28629 Fmt 4702 Sfmt 4702 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [USCG–2001–10881] RIN 1625–AA36 Drawbridge Operation Regulations; Amendment Coast Guard, DHS. Supplemental notice of proposed rulemaking. AGENCY: ACTION: SUMMARY: The Coast Guard is proposing a supplemental change to its notice of proposed rulemaking for modifying drawbridge operating regulations. This proposed supplemental change will consolidate all temporary changes to a drawbridge operating schedule into either a deviation or a rulemaking based on the length of time of the temporary change. This new proposed change is intended to provide more easily understood regulatory requirements. This proposed change will not affect the requirements for emergency closures or permanent changes to an operating schedule. E:\FR\FM\17MYP1.SGM 17MYP1 28630 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules Comments and related material must reach the Docket Management Facility on or before July 17, 2006. Comments sent to the Office of Management and Budget (OMB) on collection of information must reach OMB on or before July 17, 2006. ADDRESSES: You may submit comments identified by Coast Guard docket number USCG–2001–10881 to the Docket Management Facility at the U.S. Department of Transportation. To avoid duplication, please use only one of the following methods: (1) Web site: http://dms.dot.gov. (2) Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590–0001. (3) Fax: 202–493–2251. (4) Delivery: Room PL–401 on the Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366– 9329. (5) Federal eRulemaking Portal: http://www.regulations.gov. You must also mail comments on collection of information to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard. The Docket Management Facility maintains the public docket for this rulemaking. Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, will become part of this docket and will be available for inspection or copying at room PL–401 on the Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: Mr. Chris Jaufmann, Office of Bridge Administration, United States Coast Guard Headquarters, 202–267–0368. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Dockets Operations, Department of Transportation, telephone 202–493– 0402. mstockstill on PROD1PC61 with PROPOSALS DATES: SUPPLEMENTARY INFORMATION: Request for Comments We encourage you to participate in this rulemaking by submitting comments and related material. If you do so, please include your name and VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 address, identify the docket number for this rulemaking, USCG–2001–10881, indicate the specific section of this document to which each comment applies, and give the reason for each comment. You may submit your comments and material by mail, hand delivery, fax, or electronic means to the Docket Management Facility at the address under ADDRESSES; but please submit your comments and material by only one means. If you submit them by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. We may change this supplemental proposed rule in view of them. Public Meeting We do not now plan to hold a public meeting. You may submit a request for a meeting by writing to the Office of Bridge Administration at the address under ADDRESSES explaining why one would be beneficial. If we determine that one would be helpful, we will hold one at a time and place announced by a later notice in the Federal Register. Regulatory History On April 17, 2003, we published a notice of proposed rulemaking (NPRM) titled ‘‘Amendment to Drawbridge Operation Regulations’’ in the Federal Register (68 FR 18922). We received 11 letters commenting on the proposed rule; however none of those comments were the cause for this supplemental proposed rule. Responses to these comments are addressed below. No public meeting was requested and none was held. Background and Purpose The last major update to the drawbridge regulations in 33 CFR part 117 was in 1984. The Coast Guard published a NPRM on April 17, 2003 (68 FR 18922) which proposed revising part 117 to provide clearer language and more easily understood regulatory requirements. However, after further review the Coast Guard determined that certain proposed changes and clarifications made the regulatory process more cumbersome. Currently the Coast Guard has two deviations that allow bridge owners to change operating schedules for 60 days for maintenance and repair needs, and 90 days to test a new operating schedule. In our NPRM, we proposed a PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 third deviation for short term events, and a notice requirement for winter operations in the northern region of the Eighth Coast Guard District and all of the Ninth Coast Guard District. In order to simplify our bridge program’s regulatory process, the Coast Guard is proposing to remove the aforementioned notice and three enumerated deviations, and to consolidate all temporary changes to a drawbridge operating schedule into one of two categories: (1) A deviation, when the temporary change will be for a period of 180 days or less, or; (2) a rulemaking, when the temporary change will be for a period greater then 180 days. This new supplemental proposed rule will amend § 117.35 and remove §§ 117.37, 117.43, and 117.45. This will not affect the bridge owners’ responsibility to notify the Coast Guard in a timely manner with their request to change an operating schedule or the discretion of the District Commander to accept the request. Discussion of Proposed Rule In this supplemental proposed rule, the Coast Guard proposes to simplify the regulatory process by creating a single deviation for temporary changes to drawbridge operating schedules lasting 180 days or less. This deviation provision would allow the District Commanders the flexibility to maximize waterway use for navigation prior to and during varying weather conditions, repair/maintenance situations, reasons of public health and safety, and public events. Any temporary change of an operating schedule lasting greater then 180 days or any permanent change to an operating schedule will require a full rulemaking under the Administrative Procedure Act. This supplemental proposed rule will remove the need for separate provisions for winter drawbridge operations in the Ninth Coast Guard District (§ 117.45), the 60 day deviation for repairs (§ 117.35(d)), and the 90 day test deviation (§ 117.43). This proposed rule also removes the need for the proposed deviation for short term public events (§ 117.37) and the proposed winter operating provision for the northern areas of the Eighth Coast Guard District found in § 117.45 of the NPRM. We also propose to add two new definitions which define the terms drawbridge and drawspan. The Coast Guard will make conforming changes to subpart B removing various terms such as Span, Lift, Draw, or any other unnecessary unique designation used to describe the drawbridge or drawspan and replacing them with the appropriate term. E:\FR\FM\17MYP1.SGM 17MYP1 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules In the NPRM, the Coast Guard also proposed to add six new definitions to the part; to make a substantive revision to the regulation governing the removable span bridge across Lindsey Slough; and to include in subpart A, a specific requirement that bridge owners must cycle the drawspan(s) of their drawbridges periodically to ensure operation of the drawbridge. We also proposed to rewrite and reorganize sections in subpart A, and to make technical and conforming changes in subpart B. This SNPRM will not affect those proposed changes. mstockstill on PROD1PC61 with PROPOSALS Discussion of Comments and Changes The 11 letters received during the comment period came from state, regional, city, and county transportation offices; a railway association; a railroad company; and two private citizens. For our discussion of these comments, we combined remarks from all comments on each issue, and have addressed the issues, starting with the proposed change that generated the largest number of comments to the proposed change that generated the least. Change in Drawbridge Operating Schedule for Maintenance Issue—All 11 comments objected to our proposal to require submission of requests for change to a drawbridge operation schedule 90 days before the start date of the schedule change. The comments focused on difficulties in scheduling maintenance work that far in advance because changes in weather and tidal conditions, contracting issues, and unpredictable occurrences often cause delays in starting or finishing maintenance work on drawbridges. These delays cause changes to the dates for scheduled maintenance requested by the bridge owners. Response—The proposed change to § 117.35 was intended to clarify the procedures for temporary changes to drawbridge operating schedules. The proposed 90 days reflects the amount of time the Coast Guard may need to review a requested change; obtain any necessary additional information; and to prepare decision letters and publish in the Federal Register and other appropriate media, any necessary rulemaking documents related to the change. The full 90-day time period is not needed in every case, nor is it a requirement that precludes processing a request received fewer than 90 days before the needed change. District Commanders have the discretion to process a request even if it is received fewer than 90 days before the needed change. We have revised the language in § 117.35(c)(3) to state that the District VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 Commander has the discretion to authorize a request submitted less than 90 days before the schedule change. As to unforeseen delays in starting or completing maintenance work, the requested closure period should include a sufficient number of days to accommodate some unanticipated delays in starting or completing the work. The District Commander’s authorization to change the operating schedule would then require that if these additional days are not needed, the drawbridge should operate under its normal schedule until the work begins or is returned to its normal schedule immediately after the work is completed. General Requirements for Drawbridge Owners Issue—In the NPRM, we proposed to change the § 117.7 requirement to operate a drawbridge at ‘‘sufficient intervals’’ to a more specific requirement to ‘‘cycle the drawspans a minimum of once every six months.’’ We also proposed to remove the language ‘‘Except for drawbridges not required to open for the passage of vessels.’’ Two comments on this section stated that, if we removed the exception language from § 117.7, the proposed specific requirement for cycling the drawbridge once every six months would cause ‘‘undue burden on the bridge owner.’’ Response—The Coast Guard agrees that requiring cycling of the drawspans ‘‘every six months’’ may not be necessary. We have changed the proposed text to eliminate the six month requirement and replace it with language that allows the bridge owner to determine the number of times the drawspans needs to be cycled, so long as the number of cycles ‘‘ensures operation of the drawbridge.’’ This allows the bridge owner the flexibility to determine how often cycling the drawspan would be appropriate to maintain their drawbridge in operating condition. The Coast Guard has also decided not to remove the ‘‘exception’’ term from § 117.7. Some drawbridges authorized to remain closed to navigation prior to this proposed rule cannot meet the cycling requirement without incurring costs to bring the drawbridge back to operational condition. Removal of the word ‘‘except’’ would cause an unnecessary reactivation of drawbridges, which had been authorized to remain closed to navigation before an order from the District Commander to return them to operating condition. Therefore, the Coast Guard will only require PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 28631 drawbridges authorized to remain closed after the effective date of the final rule to meet the cycling and maintenance requirements in § 117.7 unless a previously exempted bridge has been restored to operation at which point they will be subject to requirements of this part. Authorized Closure of a Drawbridge Issue—Two comments addressed proposed changes to § 117.39. The concerns in these comments are similar to the comments for § 117.7 regarding the cycling of the drawbridge, costs, and necessity of maintaining a drawbridge that has been authorized to remain closed to navigation and unattended. Both comments indicated that the statement ‘‘The District Commander may condition approval on the continued maintenance of the operating machinery’’ should remain in the section. Response—Based on these comments, we have changed the section heading and rewritten the regulatory text to clarify that these requirements apply to drawbridges that are authorized to remain closed after the effective date of the final rule. The text in § 117.39(c)(2) allows the District Commander to set out in the approval letter any appropriate conditions including the continued maintenance of the operating machinery. The authorization to remain closed is a regulatory permission that allows the drawbridge to be untended and closed to navigation. The authorization is not a change to the bridge permit, it is a change to the operation requirements for the drawbridge and it is effective until revoked or revised. The authorization does not alter the bridge permit, which requires drawbridges to remain operational, i.e. capable of operating. Changes made to a drawbridge that would effectively render it inoperable, for example, removal of operating equipment or alteration of transportation surfaces so the draw cannot open, require a change to the permit. This type of change can only be done with an amendment to the permit, not a regulatory change to the operating schedule. Closure of Drawbridge for Emergency Repair Issue—Two comments addressed § 117.36. One comment was concerned that the removal of the phrase ‘‘vital, unscheduled repair or maintenance work shall be performed without delay * * *’’ from § 117.35, and not added to the new § 117.36, would take away the ability of the bridge owner to E:\FR\FM\17MYP1.SGM 17MYP1 28632 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules mstockstill on PROD1PC61 with PROPOSALS immediately close the drawbridge in case of a mechanical or structural failure and would require full rulemaking before closing the drawbridge. The second comment indicated that there was a ‘‘fine line’’ between what constitutes an emergency and an unscheduled repair. Response—The section heading for § 117.36 states that this section pertains to ‘‘Closure of drawbridge for emergency repair.’’ Need for a ‘‘vital, unscheduled repair’’ is an emergency that requires immediate attention for safety. If a drawbridge is unexpectedly inoperable, or should be rendered inoperable because of some mechanical or structural problem, then the drawbridge owner should close the drawbridge and notify the District Commander without delay. The District Commander will issue appropriate notification to inform the public of the situation. In this case, there is no need for rulemaking and § 117.36 does not suggest that. If the drawbridge can operate safely until needed unscheduled repairs or maintenance is done, then any change to the operating schedule to accommodate the repair work must be approved by the District Commander. In these cases, where the repair or maintenance is necessary, but the drawspan can continue to operate safely, the drawbridge owner must request a temporary change in the operating schedule so the District Commander can provide appropriate notice to the public. Permanent Changes to Drawbridge Operation Issue—We received one comment on the proposed new § 117.8. The comment suggested that a time limit of 30 days be placed on the District Commander in responding to a request for a permanent change to a drawbridge-operating schedule. Response—The Coast Guard does not agree that a specific time limit should be set for the District Commander’s response to a request to change a drawbridge operating schedule. Reviewing submitted information and gathering necessary additional information to determine whether a permanent change is needed, as well as reviewing environmental considerations, and reviewing how the balance between the competing needs of land and marine traffic would be affected, may take longer than 30 days. Temporary Change in Drawbridge Operating Schedule for Local Public Events Issue—We received one comment on proposed § 117.37. The comment stated VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 that, ‘‘The requirement in § 117.37 that advance notice be published in the Federal Register adds to the lead time for this type of activity without providing benefit to the river users’’ and that the Local Notice to Mariners ‘‘requires less lead time’’ and ‘‘is much more likely to be consulted by mariners, the impacted user group, than the Federal Register.’’ The comment also stated that in both § 117.35 and § 117.37 it appears that a Deviation is more stringent than a Temporary Rule. Response—At the time the notice of proposed rulemaking was published, it was the Coast Guard’s intent to introduce a third deviation for public events. However, after careful consideration, it was determined that combining all three deviations into one helped to streamline the drawbridge regulatory process. We believe the comment may still apply to this change, and address it accordingly. A deviation, authorized in part 117, is an alternative tool to rulemaking under certain conditions. When the requirements set out in § 117.35 are met, the District Commander may issue a deviation, instead of a rule, to authorize a temporary change in a drawbridge operation schedule. While this deviation is not a rule subject to the Administrative Procedure Act, we are still required to publish that rule in the Federal Register pursuant to the Freedom of Information Act (5 U.S.C. 552). Publishing it prior to its effective date, while not technically required, is certainly well within the spirit of FOIA, and as such it is the Coast Guard’s policy to do so whenever possible. This does not prevent a District Commander from also publishing Notices of Deviation in local notices to mariners, or by any other means available. Deviation for Testing Drawbridge Operation Changes Issue—We received one comment on proposed § 117.43. The comment objects to allowing the public to request testing a change to a drawbridge operating schedule. Response—As local conditions change, such as vehicle and waterway traffic, a drawbridge operating schedule may no longer meet local needs. 33 CFR 1.05–20, states that ‘‘any member of the public may petition the Coast Guard to undertake a rulemaking action.’’ Once the request and all pertinent information have been reviewed, the District Commander will determine if the requested change is appropriate. Under the supplemental proposed rule, the specific deviation for testing a rule will be removed and the action of testing a new operating schedule will PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 fall under the new proposed deviation for any modification to an operating schedule. This change will not affect the ability of the public to request a change to an operating schedule. Other Changes In § 117.35 we are changing the number of days it normally takes a District Commander to respond to a request for a temporary change to an operating schedule from five working days to ten working days. Due to workload issues five working days is often an insufficient amount of time to gather additional necessary information and coordinate with affected waterway users before responding to a request. The NPRM proposed a number of minor edits to specific sections in subpart B. However, since the publication of the NPRM, some districts have changed or proposed to change these sections and the proposed changes in our NPRM are no longer needed. Therefore these sections have been removed from this final rule. The Coast Guard has revised the text in § 117.8(a) and (b) to clarify that anyone, not just the bridge owner, may request a change to the operating schedule of a drawbridge. Regulatory Evaluation This proposed 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 proposed rule to be so minimal that a full Regulatory Evaluation is unnecessary. There will be no cost to the general public. This proposal is to provide a more user-friendly part 117 that will remove redundancies and regulations that are no longer functional, make corrections and amendments, and provide clearer language for the user. The new proposed deviation would not have a significant effect on the economy. These requests for deviations will be reviewed by the District Commander or his/her delegee, taking waterway users and traffic into consideration. Small Entities Under the Regulatory Flexibility Act [5 U.S.C. 601–612], we considered whether this proposed rulemaking would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ E:\FR\FM\17MYP1.SGM 17MYP1 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules comprises small businesses, not-forprofit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it. mstockstill on PROD1PC61 with PROPOSALS Assistance for Small Entities In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 [Pub. L. 104–121], we offer to assist small entities in understanding the proposed rule so that they could better evaluate its effects on them and participate in the rulemaking. 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). Collection of Information This rule calls for a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). Under the provisions of 33 U.S.C. 499, the Secretary of Homeland Security is mandated to prescribe rules and regulations for governing the operation of drawbridges. This authorization was delegated to the Commandant of the Coast Guard under Department of Homeland Security Delegation number 0170.1 and the drawbridge operating regulations are set out in 33 CFR part 117. To change any regulation, 5 U.S.C. 553 requires rulemaking to be published in the Federal Register and that the notice shall include a statement of time, place, and nature of public rulemaking proceedings. The information collected for the rule can only be obtained from the bridge owners. The information collection requirements are contained in 33 CFR 117.8, 117.35, 117.36, 117.39, 117.40, and 117.42. Need for Information: To change any regulation, 5 U.S.C. 553 requires rulemaking to be published in the VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 Federal Register. The information needed to change a drawbridge operating schedule can only be obtained from the bridge owners. The information collection requirements are contained in 33 CFR part 33 CFR 117.8, 117.35, 117.36, 117.39, 117.40, and 117.42. As required by 44 U.S.C. 3507(d), we submitted a copy of this rule to the Office of Management and Budget (OMB) for its review of the collection of information and OMB has approved the collection. The part number is 117 of title 33 and the corresponding approval number from OMB is OMB Control Number 1625–0109 which expires on 30 September 2008. You are not required to respond to a collection of information unless it displays a currently valid OMB control number. Federalism We have analyzed this proposed rule under Executive Order 13132 and have determined that this proposed rule would not have implications for Federalism under that Order. 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not economically significant and does not concern an environmental risk to health PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 28633 or risk to safety that may disproportionately affect children. Indian Tribal Governments This proposed 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 proposed 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 proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this proposed rule under 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 there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the E:\FR\FM\17MYP1.SGM 17MYP1 28634 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules Instruction. Therefore, this rule is categorically excluded, under figure 2– 1, paragraph (32)(e), of the Instruction from further environmental documentation. Promulgation of changes to drawbridge regulations has been found to not have significant effects on the human environment. Under figure 2–1, paragraph (32)(e), of the Instruction, an ‘‘Environmental Analysis Check List’’ is not required for this rule. Comments on this section will be considered before we make the final decision on whether to categorically exclude this rule from further environmental review. List of Subjects in 33 CFR Part 117 Bridges. Regulations For the reasons set out in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. Revise the authority citation for part 117 to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); and Department of Homeland Security Delegation No. 0170.1. 2. Revise § 117.1 to read as follows: § 117.1 Purpose. mstockstill on PROD1PC61 with PROPOSALS (a) This part prescribes the general and special drawbridge operating regulations that apply to the drawbridges across the navigable waters of the United States and its territories. The authority to regulate drawbridges across the navigable waters of the United States is vested in the Secretary of Homeland Security. (b) Subpart A of this part contains the general operation requirements that apply to all drawbridges. (c) Subpart B of this part contains specific requirements for operation of individual drawbridges. These requirements are in addition to or vary from the general requirements in subpart A. Specific sections in subpart B, which vary from a general requirement in subpart A, supersede the general requirement. All other general requirements in subpart A, that are not at variance, apply to the drawbridges and removable span bridges listed in subpart B. § 117.3 [Removed] 3. Remove § 117.3. 4. Revise § 117.4 to read as follows: § 117.4 Definitions. The following definitions apply to this part: VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 Appurtenance means an attachment or accessory extending beyond the hull or superstructure that is not an integral part of the vessel and is not needed for a vessel’s piloting, propelling, controlling, or collision avoidance capabilities. Automated drawbridge means a drawbridge that is operated by an automated mechanism, not a drawtender. An automated drawbridge is normally kept in the open to navigation position and closes when the mechanism is activated. Deviation means a District Commander’s action authorizing a drawbridge owner to temporarily not comply with the drawbridge opening requirements in this part. District Commander means the Commander of the Coast Guard District in which the drawbridge is located. Drawbridge means a bridge with an operational span that is intended to be opened for the passage of waterway traffic. Drawspan means the operational span of a drawbridge. Lowerable means the non-structural vessel appurtenance can be mechanically or manually lowered and raised again. The term lowerable also applies to a nonstructural vessel appurtenance, which can be modified to make the item flexible, hinged, collapsible, or telescopic so that it can be mechanically or manually lowered and raised again. Nonstructural means that the item is not rigidly fixed to the vessel and could be relocated or altered. Not essential to navigation means that a nonstructural vessel appurtenance, when in the lowered position, would not adversely affect the vessel’s piloting, propulsion, control, or collisionavoidance capabilities. Public vessel means a vessel that is owned and operated by the United States Government and is not engaged in commercial service, as defined in 46 U.S.C. 2101. Remotely operated drawbridge means a drawbridge that is operated by remote control from a location away from the drawbridge. Removable span bridge means a bridge that requires the complete removal of a span by means other than machinery installed on the bridge to open the bridge to navigation. Untended means that there is no tender at the drawbridge. 5. Revise § 117.5 to read as follows: § 117.5 When the drawbridge must open. Except as otherwise authorized or required by this part, drawbridges must open promptly and fully for the passage PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 of vessels when a request or signal to open is given in accordance with this subpart. 6. Revise § 117.7 to read as follows: § 117.7 General requirements of drawbridge owners. Except for drawbridges that have been authorized, before [effective date of final rule], to remain closed to navigation or otherwise specified in subpart B of this part, drawbridge owners must: (a) Provide the necessary drawtender(s) for the safe and prompt opening of the drawbridge. (b) Maintain the working machinery of the drawbridge in good operating condition. (c) Cycle the drawspan(s) periodically to ensure operation of the drawbridge. (d) Ensure that the drawbridge operates in accordance with the requirements of this part. (e) Any drawbridge allowed to remain closed to navigation prior to [effective date of final rule], when necessary, must be returned to operable condition within the designated time set forth by the District Commander and will become subject to the requirements of this part. 7. Add § 117.8 to read as follows: § 117.8 Permanent changes to drawbridge operation. (a) To request a permanent change to a drawbridge operation requirement in this part, anyone may submit a written request, together with documentation supporting or justifying the requested change, to the District Commander. (b) If after evaluating the request, the District Commander determines that the requested change is not needed, he or she will respond to the request in writing and provide the reasons for denial of the requested change. (c) If the District Commander decides that a change may be needed, he or she will begin a rulemaking to implement the change. 8. In § 117.31 revise the section heading and paragraph (a) to read as follows: § 117.31 Drawbridge operations for emergency vehicles and emergency vessels. (a) A drawtender, who receives notification that an emergency vehicle is responding to an emergency situation, must make all reasonable efforts to have the drawspan closed at the time the emergency vehicle arrives. * * * * * 9. Revise § 117.35 to read as follows: § 117.35 Temporary change to a drawbridge operating schedule. (a) For any temporary change to the operating schedule of a drawbridge, E:\FR\FM\17MYP1.SGM 17MYP1 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules lasting less than or equal to 180 days, the District Commander may issue a deviation approval letter to the bridge owner and publish a ‘‘Notice of deviation from drawbridge regulation’’ in the Federal Register. (b) If the time period for a temporary change to the operating schedule of a drawbridge will be greater than 180 days, the District Commander will follow appropriate rulemaking procedures and publish a temporary rule in the Federal Register prior to the start of the action. (c) Request for change. (1) To temporarily change the drawbridgeoperating requirements the bridge owner must submit a written request to the District Commander for approval of the change. (2) The request must describe the reason for the closure and the dates and times scheduled for the start and end of the change. (3) Requests should be submitted as early as possible, preferably 90 days before the start of the action. District Commanders have discretion to accept requests submitted less than 90 days before a needed change if those requests can be processed before the date of the needed change. (d) Determination. The District Commander’s determination to allow the schedule change is normally forwarded to the bridge owner within ten working days after receipt of the request. If the request is denied, the reasons for the denial will be set out in the District Commander’s decision letter. (e) The drawbridge will return to its regular operating schedule immediately at the end of the designated time period. (f) If the authorized closure period for an event is broken into separate time periods on the same day or on consecutive days, the drawbridge must provide normal openings for navigation between the authorized closures. (g) The District Commander will also announce the change to the operating schedule in the Local Notice to Mariners and other appropriate local media. 10. Add § 117.36 to read as follows: mstockstill on PROD1PC61 with PROPOSALS § 117.36 Closure of drawbridge for emergency repair. (a) When a drawbridge unexpectedly becomes inoperable, or should be immediately rendered inoperable because of mechanical failure or structural defect, the drawbridge owner must notify the District Commander of the closure without delay and give the reason for the emergency closure of the drawbridge and an estimated time when the drawbridge will return to operating condition. VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 (b) The District Commander will notify mariners about the drawbridge status through Broadcast Notices to Mariners, Local Notice to Mariners and any other appropriate local media. (c) Repair work under this section must be performed with all due speed in order to return the drawbridge to operation as soon as possible. 11. Revise § 117.39 to read as follows: § 117.39 Authorized closure of drawbridge due to infrequent requests for openings. (a) When there have been no requests for drawbridge openings for at least two years, a bridge owner may request that the District Commander authorize the drawbridge to remain closed to navigation and to be untended. (b) Requests to remain closed to navigation, under this section, must be submitted in writing to the District Commander for approval. (c) The District Commander may: (1) Authorize the closure of the drawbridge; (2) Set out any conditions in addition to the requirement in paragraph (d) of this section; and (3) Revoke an authorization and order the drawbridge returned to operation when necessary. (d) All drawbridges authorized to remain closed to navigation, under this section, must be maintained in operable condition. (e) Authorization under this section does not: (1) Authorize physical changes to the drawbridge structure, or (2) Authorize removal of the operating machinery. (f) Drawbridges authorized under this section to remain closed to navigation and to be untended will be identified in subpart B of this part. 12. Add § 117.40 to read as follows: § 117.40 Advance notice for drawbridge opening. (a) Upon written request by the owner of a drawbridge, the District Commander may authorize a drawbridge to operate under an advance notice for opening. The drawbridge tender, after receiving the advance notice must open the drawbridge at the requested time and allow for a reasonable delay in arrival of the vessel giving the advance notice. (b) If the request is approved, a description of the advanced notice for the drawbridge will be added to subpart B of this part. 13. Revise § 117.41 to read as follows: § 117.41 Maintaining drawbridges in the fully open position. (a) Drawbridges permanently maintained in the fully open to PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 28635 navigation position may discontinue drawtender service as long as the drawbridge remains fully open to navigation. The drawbridge must remain in the fully open position until drawtender service is restored. (b) If a drawbridge is normally maintained in the fully open to navigation position, but closes to navigation for the passage of pedestrian, vehicular, rail, or other traffic, the drawbridge must be tended unless: (1) Special operating requirements are established in subpart B of this part for that drawbridge; (2) Or, the drawbridge is remotely operated or automated. 14. Add § 117.42 to read as follows: § 117.42 Remotely operated and automated drawbridges. (a) Upon written request by the owner of a drawbridge, the District Commander may authorize a drawbridge to operate under an automated system or from a remote location. (b) If the request is approved, a description of the full operation of the remotely operated or automated drawbridge will be added to subpart B of this part. Subpart B—Specific Requirements 15. Revise § 117.51 to read as follows: § 117.51 General. The drawbridges in this subpart are listed by the state in which they are located and by the waterway they cross. Waterways are arranged alphabetically by state. The drawbridges listed under a waterway are generally arranged in order from the mouth of the waterway moving upstream. The drawbridges on the Atlantic Intracoastal Waterway are listed from north to south and on the Gulf Intracoastal Waterway from east to west. § 117.53 [Removed] 16. Remove § 117.53. 17. In § 117.55 revise paragraph (a) to read as follows: § 117.55 Posting of requirements. (a) The owner of each drawbridge under this subpart, other than removable span bridges, must ensure that a sign summarizing the requirements in this subpart applicable to the drawbridge is posted both upstream and downstream of the drawbridge. The requirements to be posted need not include those in subpart A or §§ 117.51 through 117.59 of this part. * * * * * E:\FR\FM\17MYP1.SGM 17MYP1 28636 § 117.57 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules [Removed] § 117.219 18. Remove § 117.57. 19. Revise § 117.145 to read as follows: § 117.145 Burns Cutoff. The drawspan for the Daggett Road Drawbridge, mile 3.0 at Stockton, must open on signal if at least 48 hours notice is given to the Port of Stockton. 20. Revise § 117.155 to read as follows: § 117.155 Eureka Slough. The drawspan for the Northwestern Pacific Railroad Authority Drawbridge, mile 0.3 at Eureka, need not be opened for the passage of vessels. The owner or agency controlling the drawbridge must restore the drawspan to full operation within six months of notification from the District Commander. 21. Revise § 117.165 to read as follows: § 117.165 Lindsey Slough. The center drawspan of the Hastings Farms Highway Bridge, mile 2.0 between Egbert and Lower Hastings Tracts, must be removed for the passage of vessels if at least 72 hours notice is given to the Hastings Island Land Company office at Rio Vista. § 117.181 [Amended] [Amended] 23. In § 117.187 remove the last sentence in paragraph (b). 24. Revise § 117.193 to read as follows: mstockstill on PROD1PC61 with PROPOSALS § 117.193 [Amended] VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 § 117.224 Thames River. * * * * (a) Immediately on signal for public vessels of the United States and commercial vessels; except, when a train scheduled to cross the drawbridge, without stopping, has passed the Midway, Groton, or New London stations and is in motion toward the drawbridge, the drawspan must not be opened for the passage of any vessel until the train has crossed the drawbridge; and * * * * * 29. Revise § 117.225 to read as follows: Friday, the draw need not be opened. However, the drawspan must open at 7:45 a.m., 8:15 a.m., 5:15 p.m., and 5:45 p.m. if any vessels are waiting to pass. The drawspan must open on-signal on Thanksgiving Day, Christmas Day, New Year’s Day, and Washington’s Birthday. The drawspan must open at anytime for public vessels of the United States and tugs with tows. § 117.271 [Amended] 33. In § 117.271 remove paragraph (b) and remove the paragraph designator from paragraph (a). 34. Revise § 117.273 to read as follows: * § 117.273 § 117.225 (a) The drawspan of the Christa McAuliffe Drawbridge, SR 3, mile 1.0, across the Canaveral Barge Canal need only open daily for vessel traffic on the hour and half-hour from 6 a.m. to 10 p.m.; except that from 6:15 a.m. to 8:15 a.m. and from 3:10 p.m. to 5:59 p.m., Monday through Friday, except Federal holidays, the drawspan need not open. From 10:01 p.m. to 5:59 a.m., everyday, the drawspan must open on signal if at least 3 hours notice is given to the drawtender. The drawspan must open as soon as possible for the passage of public vessels of the United States and tugs with tows. (b) The drawspan of the SR401 Drawbridge, mile 5.5 at Port Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal holidays, the drawspan need not be opened for the passage of vessels. From 10 p.m. to 6 a.m., the drawspan must open on signal if at least three hours notice is given. The drawspan must open as soon as possible for the passage of pubic vessels of the United States and tugs with tows. Yellow Mill Channel. Potomac River. * San Leandro Bay. 25. In § 117.195 remove the last sentence in this section. 26. In § 117.219 revise paragraph (a) to read as follows: Saugatuck River. (a) Public vessels of the United States must be passed through as soon as possible. * * * * * 28. In § 117.224 revise paragraph (a) to read as follows: § 117.255 The drawspans of the California Department of Transportation Highway and Bicycle drawbridges, mile 0.0 and mile 0.1, between Alameda and Bay Farm Island, must open on signal; except that, from 5 a.m. to 8 a.m. and 5 p.m. to 9 p.m., the drawspans must open on signal if at least 12 hours notice is given. Notice must be given to the drawtender of the Bay Farm Island drawbridges from 8 a.m. to 5 p.m. and to the drawtender of the Park Street Drawbridge at Alameda at all other times. The drawspans need not be opened for the passage of vessels from 9 p.m. to 5 a.m. § 117.195 § 117.221 The drawspan of the Stratford Avenue Bridge, mile 0.3 at Bridgeport, must open on signal if at least 24-hours notice is given. Public vessels of the United States must pass through as soon as possible. 30. In § 117.255 add paragraph (c) to read as follows: 22. In § 117.181 remove the last sentence of the section. § 117.187 Pequonnock River. (a) Public vessels of the United States must be passed through as soon as possible. * * * * * 27. In § 117.221 revise paragraph (a) to read as follows: * * * * (c) This section is also issued under the authority of Public Law 102–587, 106 Stat. 5039. 31. In § 117.261 revise paragraph (a) to read as follows: § 117.261 Atlantic Intracoastal Waterway from St. Marys River to Key Largo. (a) General. Public vessels of the United States and tugs with tows must be passed through the drawspan of each drawbridge listed in this section at anytime. * * * * * 32. Revise § 117.269 to read as follows: § 117.269 Biscayne Bay. The east drawspan of the Venetian Causeway Drawbridge, between Miami and Miami Beach, must open on signal; except that, from November 1 through April 30 from 7:15 a.m. to 8:45 a.m. and 4:45 p.m. to 6:15 p.m. Monday through PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 § 117.277 Canaveral Barge Canal. [Removed] 35. Remove § 117.277. 36.In § 117.287 revise paragraph (a) to read as follows: § 117.287 Gulf Intracoastal Waterway. (a) Public vessels of the United States and tugs with tows must be passed through the drawspan of each drawbridge listed in this section at anytime. * * * * * 37. Revise § 117.289 to read as follows: § 117.289 Hillsboro Inlet. The drawspans of the SR A–1–A Drawbridge, mile 0.3 at Hillsboro Beach, must open on signal; except that, from 7 a.m. to 6 p.m., the drawspans need be E:\FR\FM\17MYP1.SGM 17MYP1 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules opened only on the hour, quarter hour, half hour, and three quarter hour. Public vessels of the United States and tugs with tows must be passed at anytime. 38. In § 117.291 revise paragraph (a) to read as follows: notice is given. Public vessels of the United States and tugs with tows must be passed through the draw as soon as possible. 42. In § 117.317 revise paragraph (a) to read as follows: § 117.291 § 117.317 Hillsborough River. (a) The drawspans for the drawbridges at Platt Street, mile 0.0, Brorein Street, mile 0.16, Kennedy Boulevard, mile 0.4, Cass Street, mile 0.7, Laurel Street, mile 1.0, West Columbus Drive, mile 2.3, and West Hillsborough Avenue, mile 4.8, must open on signal if at least two hours notice is given; except that, the drawspan must open on signal as soon as possible for public vessels of the United States. * * * * * 39. Revise § 117.311 to read as follows: § 117.311 New Pass. The drawspan for the State Road 789 Drawbridge, mile 0.05, at Sarasota, need only open on the hour, twenty minutes past the hour, and forty minutes past the hour from 7 a.m. to 6 p.m. From 6 p.m. to 7 a.m., the drawspan must open on signal if at least 3 hours notice is given to the drawtender. Public vessels of the United States and tugs with tows must be passed at anytime. 40. In § 117.313 revise paragraph (a) to read as follows: § 117.313 New River. (a) The drawspan for the S.E. Third Avenue Drawbridge, mile 1.4 at Fort Lauderdale, must open on signal; except that, from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Friday, excluding Saturday, Sunday, and all federal, state, and local holidays, the drawspan need not be opened for the passage of vessels. Public vessels of the United States and tugs with tows must be passed at anytime. * * * * * 41. Revise § 117.315 to read as follows: mstockstill on PROD1PC61 with PROPOSALS § 117.315 New River, South Fork. (a) The drawspan for the Southwest 12th Street Drawbridge, mile 0.9 at Fort Lauderdale, must open on signal; except that, from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Friday, excluding Saturday, Sunday, and federal, state, and local holidays, the drawspan need not be opened for the passage of vessels. Public vessels of the United States and tugs with tows must be passed through the draw as soon as possible. (b) The drawspan for the SR84 Drawbridge, mile 4.4 at Fort Lauderdale, must open on signal if at least 24 hours VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 Okeechobee Waterway. (a) Exempt vessels. This term means public vessels of the United States and tugs with tows. * * * * * 43. In § 117.325 revise paragraph (a) to read as follows: § 117.325 St. Johns River. (a) The drawspan for the Main Street (US17) drawbridge, mile 24.7, at Jacksonville, must open on signal except that, from 7 a.m. to 8:30 a.m. and from 4:30 p.m. to 6 p.m., Monday through Saturday except Federal holidays, the drawspan need not be opened for the passage of vessels. * * * * * 44. In § 117.353 revise paragraph (a) to read as follows: § 117.353 Atlantic Intracoastal Waterway, Savannah River to St. Marys River. (a) General. Public vessels of the United States and tugs with tows must, upon proper signal, be passed through the drawspan of each drawbridge in this section at anytime. * * * * * §§ 117.486 through 117.488 [Redesignated] 45. Redesignate §§ 117.486 through 117.488 as follows: 28637 (d) The drawspan must always open on signal for public vessels of the United States. 49. In § 117.573 revise paragraph (c) to read as follows: § 117.573 Stoney Creek. * * * * * (c) Public vessels of the United States must be passed as soon as possible. 50. In § 117.588 revise paragraphs (a) and (c) to read as follows: § 117.588 Bass River. * * * * * (a) Public vessels of the United States must be passed as soon as possible. * * * * * (c) That the drawspan for the Hall Whitaker Drawbridge must open on signal if at least 24 hours notice is given. 51. In § 117.605 revise paragraph (c) to read as follows: § 117.605 Merrimack River. * * * * * (c) The drawspans for the Massachusetts Department of Public Works drawbridges, mile 5.8 at Newburyport and mile 12.6 at Rock Village, and Groveland Drawbridge, mile 16.5 at Groveland, must open on signal if at least two hours notice is given. Public vessels of the United States must be passed through the drawspans as soon as possible. 52. In § 117.620 revise paragraphs (a) and (c) to read as follows: § 117.620 Westport River—East Branch. 46. In § 117.531 revise paragraph (a)(1) to read as follows: (a) Public vessels of the United States must be passed as soon as possible. * * * * * (c) That the drawspan for the Westport Point Drawbridge, mile 1.2 at Westport, must open on signal if at least 24 hours notice is given. 53. Revise § 117.683 to read as follows: § 117.531 § 117.683 Old section New section 117.486 ................................. 117.487 ................................. 117.488 ................................. 117.487 117.488 117.486 Piscataqua River. (a) * * * (1) Public vessels of the United States, commercial vessels over 100 gross tons, inbound ferry service vessels and inbound commercial fishing vessels must be passed through the drawspan of each drawbridge as soon as possible. The opening signal from these vessels is four or more short blasts of a whistle, horn or a radio request. * * * * * § 117.535 [Removed] 47. Remove § 117.535. 48. In § 117.571 revise paragraph (d) to read as follows: § 117.571 Spa Creek. * * PO 00000 * Frm 00048 * Fmt 4702 * Sfmt 4702 Pearl River. See § 117.486, Pearl River, listed under Louisiana. 54. In § 117.703 revise paragraph (a) to read as follows: § 117.703 Bass River. * * * * * (a) The drawspan must open on signal if at least six hours notice is given, except that public vessels of the United States must be passed as soon as possible. * * * * * 55. In § 117.713 revise paragraph (a) to read as follows: § 117.713 Cooper River. (a) The drawspans for the State Street Drawbridge, mile 0.3 and the Conrail E:\FR\FM\17MYP1.SGM 17MYP1 28638 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules Drawbridge at North River Avenue, mile 0.9, must open on signal if at least four hours notice is given. * * * * * § 117.731 [Redesignated as § 117.730] 56. Redesignate § 117.731 as § 117.730. § 117.731a Amend] [Redesignate as § 117.731 and 57. Redesignate § 117.731a as § 117.731 and in newly redesignated § 117.731, revise paragraph (c) to read as follows: § 117.731 Mullica River. * * * * * (c) The drawspan must open as soon as possible for public vessels of the United States during the periods when four hours notice is required. § 117.733 Oceanport Creek. mstockstill on PROD1PC61 with PROPOSALS Overpeck Creek. (a) * * * (2) Public vessels of the United States must be passed through the drawspan of each drawbridge as soon as possible. * * * * * § 117.739 [Amended] 61. In § 117.739 remove paragraphs (o) and (p)(2); redesignate paragraph (p)(3) as (p)(2) and redesignate paragraphs (p) through (u) as paragraphs (o) through (t) respectively. VerDate Aug<31>2005 15:07 May 16, 2006 Rancocas River (Creek). (a) * * * (1) Public vessels of the United States must be passed through the drawspan of each drawbridge as soon as possible without delay at anytime. The opening signal from these vessels is four or more short blasts of a whistle or horn, or a radio request. * * * * * (b) The drawspan for the SR#543 Drawbridge, mile 1.3 at Riverside and the SR#38 Drawbridge, mile 7.8 at Centerton, must operate as follows: * * * * * § 117.775 [Amended] The drawspan for the New Jersey Transit Rail Operations Drawbridge, mile 8.4 near Oceanport, must open on signal from May 15 through September 15 between 5 a.m. and 9 p.m.; except that, the drawspan need not open 6 a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 p.m on weekdays, excluding all federal holidays except for Martin Luther King Day. The drawspan must open on signal upon four hours notice from May 15 through September 15 between 9 p.m. and 5 a.m., and from September 16 through May 14; except that, the drawspan need not be opened from 6 a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 p.m. on weekdays, excluding all Federal holidays except for Martin Luther King Day. Public vessels of the United States must be passed as soon as possible at anytime. 60. In § 117.738 revise paragraph (a)(2) to read as follows: § 117.738 § 117.745 [Removed] 63. Remove § 117.775. 58. In § 117.733 remove paragraph (a) and redesignate paragraphs (b) through (j) as paragraphs (a) through (i) respectively. 59. Revise § 117.736 to read as follows: § 117.736 62. In § 117.745 revise paragraphs (a)(1) and (b), introductory text, to read as follows: Jkt 208001 § 117.783 [Removed] 64. Remove § 117.783. 65. In § 117.789, revise paragraph (a) to read as follows: § 117.789 Harlem River. (a) The drawspan of each drawbridge across the Harlem River, except the Spuyten Duyvil Railroad Drawbridge, need not be opened from 5 p.m. to 10 a.m. However, at all times, public vessels of the United States must be passed through the drawspan of each drawbridge, listed in this section, as soon as possible. * * * * * 66. In § 117.791 remove paragraph (a)(3); redesignate paragraphs (a)(4) and (a)(5) as (a)(3) and (a)(4), respectively, and revise paragraph (f)(4) to read as follows: § 117.791 * * * * (f) * * * (4) During the period that the Federal Lock at Troy is inoperative, the drawspans need not be opened for the passage of vessels. [Amended] 67. In § 117.795, remove paragraph (c). 68. In § 117.797 revise paragraph (a) to read as follows: § 117.797 Lake Champlain. (a) The drawspan for each drawbridge listed in this section must open as soon as possible for public vessels of the United States. * * * * * 69. In § 117.799 revise paragraph (a) to read as follows: PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 (a) At all times, public vessels of the United States, state must be passed through the drawspan of each drawbridge listed in this section as soon as possible. * * * * * § 117.821 [Amended] 70. In § 117.821 remove paragraph (a)(1) and redesignate (a)(2) through (a)(6) as (a)(1) through (a)(5) respectively. 71. In § 117.824 revise paragraph (a)(3) to read as follows: § 117.824 Neuse River. (a) * * * (3) Must always open on signal for public vessels of the United States. * * * * * 72. In § 117.843 revise paragraph (a)(3) to read as follows: § 117.843 Trent River. (a) * * * (3) Must always open on signal for public vessels of the United States. * * * * * § 117.867 [Removed] 73. Remove § 117.867. § 117.881 [Amended] 74. In § 117.881 remove paragraph (b) and paragraph designator (a) from the remaining text. § 117.885 [Removed] 75. Remove § 117.885. § 117.891 [Removed] 76. Remove § 117.891. 77. Revise § 117.892 to read as follows: § 117.892 Hudson River. * § 117.795 § 117.799 Long Island, New York Inland Waterway from East Rockaway Inlet to Shinnecock Canal. South Slough. The drawspan for the Oregon State Highway Drawbridge across South Slough at Charleston must open on signal for the passage of vessels, except that between the hours of 7 a.m. and 7 p.m., from June 1 through September 30, the drawspan need be opened only on the hour and half-hour. This exception must not apply to commercial tugs and/ or tows or public vessels of the United States. 78. In § 117.911 revise paragraph (a) to read as follows: § 117.911 Atlantic Intracoastal Waterway, Little River to Savannah River. (a) General. Public vessels of the United States and tugs with tows, upon proper signal, will be passed through the drawspan of each drawbridge listed in this section at anytime. * * * * * E:\FR\FM\17MYP1.SGM 17MYP1 Federal Register / Vol. 71, No. 95 / Wednesday, May 17, 2006 / Proposed Rules § 117.949 [Amended] ENVIRONMENTAL PROTECTION AGENCY 79. In § 117.949 remove the last sentence of the section. 80. Revise § 117.968 to read as follows: § 117.968 40 CFR Part 63 [EPA–HQ–OAR–2003–0178; FRL–8171–2] RIN 2060–AM72 Gulf Intracoastal Waterway. The drawspan for the Port Isabel Drawbridge, mile 666.0, must open on signal; except that, from 5 a.m. to 8 p.m. on weekdays only, excluding Federal, state, and local holidays, the drawspan need open only on the hour for pleasure craft. The drawspan must open on signal at anytime for commercial vessels. When the drawspan is open for a commercial vessel, waiting pleasure craft must be passed. 81. Revise § 117.977 to read as follows: § 117.977 Pelican Island Causeway, Galveston Channel. The drawspan for the Pelican Island Causeway Drawbridge across Galveston Channel, mile 4.5 of the Galveston Channel, (GIWW mile 356.1) at Galveston, Texas, must open on signal; except that, from 6:40 a.m. to 8:10 a.m., 12 noon to 1 p.m., and 4:15 p.m. to 5:15 p.m. Monday through Friday except Federal holidays, the drawspan need not be opened for passage of vessels. Public vessels of the United States must be passed at anytime. 82. In § 117.993 revise paragraph (a) to read as follows: § 117.993 Lake Champlain. (a) The drawspan for each of the drawbridges listed in this section must open as soon as possible for the passage of public vessels of the United States. * * * * * 83. In § 117.1023 revise paragraph (b) to read as follows: § 117.1023 Pamunkey River. * * * * * (b) Public vessels of the United States must pass at anytime. § 117.1039 [Removed] 84. Remove § 117.1039. mstockstill on PROD1PC61 with PROPOSALS Appendix A to Part 117 [Removed] 85. Remove Appendix A To part 117. Dated: May 5, 2006. T.H. Gilmour, Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention. [FR Doc. 06–4631 Filed 5–16–06; 8:45 am] BILLING CODE 4910–15–P VerDate Aug<31>2005 15:07 May 16, 2006 Jkt 208001 National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: On December 11, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for miscellaneous coating manufacturing. The promulgated rule applies to the manufacture of coatings, such as paints, inks, and adhesives. The proposed amendments clarify that coating manufacturing means the production of coatings using operations such as mixing and blending; not reaction or separation processes used in chemical manufacturing. The proposed amendments also clarify the compliance date for certain equipment that is part of a chemical manufacturing process unit that is also used to produce a coating. DATES: Comments. Comments must be received on or before July 3, 2006. Public Hearing. If anyone contacts EPA requesting to speak at a public hearing by May 30, 2006, a public hearing will be held on June 1, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2003–0178, by one of the following methods: • http://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Fax: (202) 566–1741. • Mail: Air and Radiation Docket, EPA, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a duplicate copy, if possible. We request that a separate copy of each public comment also be sent to the contact person listed below (see FOR FURTHER INFORMATION CONTACT). • Hand Delivery: Air and Radiation Docket, EPA, Room B–102, 1301 Constitution Avenue, NW., Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2003– 0178. EPA’s policy is that all comments PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 28639 received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room B–102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air and Radiation Docket is (202) 566–1742. Public Hearing. If a public hearing is held, it will be held at 10 a.m. at EPA’s Environmental Research Center Auditorium, Research Triangle Park, NC, or at an alternate site nearby. FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Coatings and Chemicals Group (E143–01), Sector E:\FR\FM\17MYP1.SGM 17MYP1

Agencies

[Federal Register Volume 71, Number 95 (Wednesday, May 17, 2006)]
[Proposed Rules]
[Pages 28629-28639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4631]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[USCG-2001-10881]
RIN 1625-AA36


Drawbridge Operation Regulations; Amendment

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing a supplemental change to its 
notice of proposed rulemaking for modifying drawbridge operating 
regulations. This proposed supplemental change will consolidate all 
temporary changes to a drawbridge operating schedule into either a 
deviation or a rulemaking based on the length of time of the temporary 
change. This new proposed change is intended to provide more easily 
understood regulatory requirements. This proposed change will not 
affect the requirements for emergency closures or permanent changes to 
an operating schedule.

[[Page 28630]]


DATES: Comments and related material must reach the Docket Management 
Facility on or before July 17, 2006. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before July 17, 2006.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2001-10881 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Web site: http://dms.dot.gov.
    (2) Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001.
    (3) Fax: 202-493-2251.
    (4) Delivery: Room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (5) Federal eRulemaking Portal: http://www.regulations.gov.
    You must also mail comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer, 
U.S. Coast Guard.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Chris Jaufmann, Office of Bridge 
Administration, United States Coast Guard Headquarters, 202-267-0368. 
If you have questions on viewing or submitting material to the docket, 
call Renee V. Wright, Program Manager, Dockets Operations, Department 
of Transportation, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking, USCG-2001-
10881, indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Docket Management Facility at the address under ADDRESSES; 
but please submit your comments and material by only one means. If you 
submit them by mail or hand delivery, submit them in an unbound format, 
no larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know that they 
reached the Facility, please enclose a stamped, self-addressed postcard 
or envelope. We will consider all comments and material received during 
the comment period. We may change this supplemental proposed rule in 
view of them.

Public Meeting

    We do not now plan to hold a public meeting. You may submit a 
request for a meeting by writing to the Office of Bridge Administration 
at the address under ADDRESSES explaining why one would be beneficial. 
If we determine that one would be helpful, we will hold one at a time 
and place announced by a later notice in the Federal Register.

Regulatory History

    On April 17, 2003, we published a notice of proposed rulemaking 
(NPRM) titled ``Amendment to Drawbridge Operation Regulations'' in the 
Federal Register (68 FR 18922). We received 11 letters commenting on 
the proposed rule; however none of those comments were the cause for 
this supplemental proposed rule. Responses to these comments are 
addressed below. No public meeting was requested and none was held.

Background and Purpose

    The last major update to the drawbridge regulations in 33 CFR part 
117 was in 1984. The Coast Guard published a NPRM on April 17, 2003 (68 
FR 18922) which proposed revising part 117 to provide clearer language 
and more easily understood regulatory requirements. However, after 
further review the Coast Guard determined that certain proposed changes 
and clarifications made the regulatory process more cumbersome.
    Currently the Coast Guard has two deviations that allow bridge 
owners to change operating schedules for 60 days for maintenance and 
repair needs, and 90 days to test a new operating schedule. In our 
NPRM, we proposed a third deviation for short term events, and a notice 
requirement for winter operations in the northern region of the Eighth 
Coast Guard District and all of the Ninth Coast Guard District.
    In order to simplify our bridge program's regulatory process, the 
Coast Guard is proposing to remove the aforementioned notice and three 
enumerated deviations, and to consolidate all temporary changes to a 
drawbridge operating schedule into one of two categories: (1) A 
deviation, when the temporary change will be for a period of 180 days 
or less, or; (2) a rulemaking, when the temporary change will be for a 
period greater then 180 days. This new supplemental proposed rule will 
amend Sec.  117.35 and remove Sec. Sec.  117.37, 117.43, and 117.45. 
This will not affect the bridge owners' responsibility to notify the 
Coast Guard in a timely manner with their request to change an 
operating schedule or the discretion of the District Commander to 
accept the request.

Discussion of Proposed Rule

    In this supplemental proposed rule, the Coast Guard proposes to 
simplify the regulatory process by creating a single deviation for 
temporary changes to drawbridge operating schedules lasting 180 days or 
less. This deviation provision would allow the District Commanders the 
flexibility to maximize waterway use for navigation prior to and during 
varying weather conditions, repair/maintenance situations, reasons of 
public health and safety, and public events. Any temporary change of an 
operating schedule lasting greater then 180 days or any permanent 
change to an operating schedule will require a full rulemaking under 
the Administrative Procedure Act.
    This supplemental proposed rule will remove the need for separate 
provisions for winter drawbridge operations in the Ninth Coast Guard 
District (Sec.  117.45), the 60 day deviation for repairs (Sec.  
117.35(d)), and the 90 day test deviation (Sec.  117.43). This proposed 
rule also removes the need for the proposed deviation for short term 
public events (Sec.  117.37) and the proposed winter operating 
provision for the northern areas of the Eighth Coast Guard District 
found in Sec.  117.45 of the NPRM. We also propose to add two new 
definitions which define the terms drawbridge and drawspan. The Coast 
Guard will make conforming changes to subpart B removing various terms 
such as Span, Lift, Draw, or any other unnecessary unique designation 
used to describe the drawbridge or drawspan and replacing them with the 
appropriate term.

[[Page 28631]]

    In the NPRM, the Coast Guard also proposed to add six new 
definitions to the part; to make a substantive revision to the 
regulation governing the removable span bridge across Lindsey Slough; 
and to include in subpart A, a specific requirement that bridge owners 
must cycle the drawspan(s) of their drawbridges periodically to ensure 
operation of the drawbridge. We also proposed to rewrite and reorganize 
sections in subpart A, and to make technical and conforming changes in 
subpart B. This SNPRM will not affect those proposed changes.

Discussion of Comments and Changes

    The 11 letters received during the comment period came from state, 
regional, city, and county transportation offices; a railway 
association; a railroad company; and two private citizens. For our 
discussion of these comments, we combined remarks from all comments on 
each issue, and have addressed the issues, starting with the proposed 
change that generated the largest number of comments to the proposed 
change that generated the least.

Change in Drawbridge Operating Schedule for Maintenance

    Issue--All 11 comments objected to our proposal to require 
submission of requests for change to a drawbridge operation schedule 90 
days before the start date of the schedule change. The comments focused 
on difficulties in scheduling maintenance work that far in advance 
because changes in weather and tidal conditions, contracting issues, 
and unpredictable occurrences often cause delays in starting or 
finishing maintenance work on drawbridges. These delays cause changes 
to the dates for scheduled maintenance requested by the bridge owners.
    Response--The proposed change to Sec.  117.35 was intended to 
clarify the procedures for temporary changes to drawbridge operating 
schedules. The proposed 90 days reflects the amount of time the Coast 
Guard may need to review a requested change; obtain any necessary 
additional information; and to prepare decision letters and publish in 
the Federal Register and other appropriate media, any necessary 
rulemaking documents related to the change. The full 90-day time period 
is not needed in every case, nor is it a requirement that precludes 
processing a request received fewer than 90 days before the needed 
change. District Commanders have the discretion to process a request 
even if it is received fewer than 90 days before the needed change. We 
have revised the language in Sec.  117.35(c)(3) to state that the 
District Commander has the discretion to authorize a request submitted 
less than 90 days before the schedule change.
    As to unforeseen delays in starting or completing maintenance work, 
the requested closure period should include a sufficient number of days 
to accommodate some unanticipated delays in starting or completing the 
work. The District Commander's authorization to change the operating 
schedule would then require that if these additional days are not 
needed, the drawbridge should operate under its normal schedule until 
the work begins or is returned to its normal schedule immediately after 
the work is completed.

General Requirements for Drawbridge Owners

    Issue--In the NPRM, we proposed to change the Sec.  117.7 
requirement to operate a drawbridge at ``sufficient intervals'' to a 
more specific requirement to ``cycle the drawspans a minimum of once 
every six months.'' We also proposed to remove the language ``Except 
for drawbridges not required to open for the passage of vessels.''
    Two comments on this section stated that, if we removed the 
exception language from Sec.  117.7, the proposed specific requirement 
for cycling the drawbridge once every six months would cause ``undue 
burden on the bridge owner.''
    Response--The Coast Guard agrees that requiring cycling of the 
drawspans ``every six months'' may not be necessary. We have changed 
the proposed text to eliminate the six month requirement and replace it 
with language that allows the bridge owner to determine the number of 
times the drawspans needs to be cycled, so long as the number of cycles 
``ensures operation of the drawbridge.'' This allows the bridge owner 
the flexibility to determine how often cycling the drawspan would be 
appropriate to maintain their drawbridge in operating condition.
    The Coast Guard has also decided not to remove the ``exception'' 
term from Sec.  117.7. Some drawbridges authorized to remain closed to 
navigation prior to this proposed rule cannot meet the cycling 
requirement without incurring costs to bring the drawbridge back to 
operational condition. Removal of the word ``except'' would cause an 
unnecessary reactivation of drawbridges, which had been authorized to 
remain closed to navigation before an order from the District Commander 
to return them to operating condition. Therefore, the Coast Guard will 
only require drawbridges authorized to remain closed after the 
effective date of the final rule to meet the cycling and maintenance 
requirements in Sec.  117.7 unless a previously exempted bridge has 
been restored to operation at which point they will be subject to 
requirements of this part.

Authorized Closure of a Drawbridge

    Issue--Two comments addressed proposed changes to Sec.  117.39. The 
concerns in these comments are similar to the comments for Sec.  117.7 
regarding the cycling of the drawbridge, costs, and necessity of 
maintaining a drawbridge that has been authorized to remain closed to 
navigation and unattended. Both comments indicated that the statement 
``The District Commander may condition approval on the continued 
maintenance of the operating machinery'' should remain in the section.
    Response--Based on these comments, we have changed the section 
heading and rewritten the regulatory text to clarify that these 
requirements apply to drawbridges that are authorized to remain closed 
after the effective date of the final rule.
    The text in Sec.  117.39(c)(2) allows the District Commander to set 
out in the approval letter any appropriate conditions including the 
continued maintenance of the operating machinery. The authorization to 
remain closed is a regulatory permission that allows the drawbridge to 
be untended and closed to navigation. The authorization is not a change 
to the bridge permit, it is a change to the operation requirements for 
the drawbridge and it is effective until revoked or revised. The 
authorization does not alter the bridge permit, which requires 
drawbridges to remain operational, i.e. capable of operating. Changes 
made to a drawbridge that would effectively render it inoperable, for 
example, removal of operating equipment or alteration of transportation 
surfaces so the draw cannot open, require a change to the permit. This 
type of change can only be done with an amendment to the permit, not a 
regulatory change to the operating schedule.

Closure of Drawbridge for Emergency Repair

    Issue--Two comments addressed Sec.  117.36. One comment was 
concerned that the removal of the phrase ``vital, unscheduled repair or 
maintenance work shall be performed without delay * * *'' from Sec.  
117.35, and not added to the new Sec.  117.36, would take away the 
ability of the bridge owner to

[[Page 28632]]

immediately close the drawbridge in case of a mechanical or structural 
failure and would require full rulemaking before closing the 
drawbridge. The second comment indicated that there was a ``fine line'' 
between what constitutes an emergency and an unscheduled repair.
    Response--The section heading for Sec.  117.36 states that this 
section pertains to ``Closure of drawbridge for emergency repair.'' 
Need for a ``vital, unscheduled repair'' is an emergency that requires 
immediate attention for safety. If a drawbridge is unexpectedly 
inoperable, or should be rendered inoperable because of some mechanical 
or structural problem, then the drawbridge owner should close the 
drawbridge and notify the District Commander without delay. The 
District Commander will issue appropriate notification to inform the 
public of the situation. In this case, there is no need for rulemaking 
and Sec.  117.36 does not suggest that.
    If the drawbridge can operate safely until needed unscheduled 
repairs or maintenance is done, then any change to the operating 
schedule to accommodate the repair work must be approved by the 
District Commander. In these cases, where the repair or maintenance is 
necessary, but the drawspan can continue to operate safely, the 
drawbridge owner must request a temporary change in the operating 
schedule so the District Commander can provide appropriate notice to 
the public.

Permanent Changes to Drawbridge Operation

    Issue--We received one comment on the proposed new Sec.  117.8. The 
comment suggested that a time limit of 30 days be placed on the 
District Commander in responding to a request for a permanent change to 
a drawbridge-operating schedule.
    Response--The Coast Guard does not agree that a specific time limit 
should be set for the District Commander's response to a request to 
change a drawbridge operating schedule. Reviewing submitted information 
and gathering necessary additional information to determine whether a 
permanent change is needed, as well as reviewing environmental 
considerations, and reviewing how the balance between the competing 
needs of land and marine traffic would be affected, may take longer 
than 30 days.

Temporary Change in Drawbridge Operating Schedule for Local Public 
Events

    Issue--We received one comment on proposed Sec.  117.37. The 
comment stated that, ``The requirement in Sec.  117.37 that advance 
notice be published in the Federal Register adds to the lead time for 
this type of activity without providing benefit to the river users'' 
and that the Local Notice to Mariners ``requires less lead time'' and 
``is much more likely to be consulted by mariners, the impacted user 
group, than the Federal Register.'' The comment also stated that in 
both Sec.  117.35 and Sec.  117.37 it appears that a Deviation is more 
stringent than a Temporary Rule.
    Response--At the time the notice of proposed rulemaking was 
published, it was the Coast Guard's intent to introduce a third 
deviation for public events. However, after careful consideration, it 
was determined that combining all three deviations into one helped to 
streamline the drawbridge regulatory process. We believe the comment 
may still apply to this change, and address it accordingly. A 
deviation, authorized in part 117, is an alternative tool to rulemaking 
under certain conditions. When the requirements set out in Sec.  117.35 
are met, the District Commander may issue a deviation, instead of a 
rule, to authorize a temporary change in a drawbridge operation 
schedule. While this deviation is not a rule subject to the 
Administrative Procedure Act, we are still required to publish that 
rule in the Federal Register pursuant to the Freedom of Information Act 
(5 U.S.C. 552). Publishing it prior to its effective date, while not 
technically required, is certainly well within the spirit of FOIA, and 
as such it is the Coast Guard's policy to do so whenever possible. This 
does not prevent a District Commander from also publishing Notices of 
Deviation in local notices to mariners, or by any other means 
available.

Deviation for Testing Drawbridge Operation Changes

    Issue--We received one comment on proposed Sec.  117.43. The 
comment objects to allowing the public to request testing a change to a 
drawbridge operating schedule.
    Response--As local conditions change, such as vehicle and waterway 
traffic, a drawbridge operating schedule may no longer meet local 
needs. 33 CFR 1.05-20, states that ``any member of the public may 
petition the Coast Guard to undertake a rulemaking action.'' Once the 
request and all pertinent information have been reviewed, the District 
Commander will determine if the requested change is appropriate. Under 
the supplemental proposed rule, the specific deviation for testing a 
rule will be removed and the action of testing a new operating schedule 
will fall under the new proposed deviation for any modification to an 
operating schedule. This change will not affect the ability of the 
public to request a change to an operating schedule.

Other Changes

    In Sec.  117.35 we are changing the number of days it normally 
takes a District Commander to respond to a request for a temporary 
change to an operating schedule from five working days to ten working 
days. Due to workload issues five working days is often an insufficient 
amount of time to gather additional necessary information and 
coordinate with affected waterway users before responding to a request.
    The NPRM proposed a number of minor edits to specific sections in 
subpart B. However, since the publication of the NPRM, some districts 
have changed or proposed to change these sections and the proposed 
changes in our NPRM are no longer needed. Therefore these sections have 
been removed from this final rule.
    The Coast Guard has revised the text in Sec.  117.8(a) and (b) to 
clarify that anyone, not just the bridge owner, may request a change to 
the operating schedule of a drawbridge.

Regulatory Evaluation

    This proposed 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 proposed rule to be so 
minimal that a full Regulatory Evaluation is unnecessary. There will be 
no cost to the general public. This proposal is to provide a more user-
friendly part 117 that will remove redundancies and regulations that 
are no longer functional, make corrections and amendments, and provide 
clearer language for the user.
    The new proposed deviation would not have a significant effect on 
the economy. These requests for deviations will be reviewed by the 
District Commander or his/her delegee, taking waterway users and 
traffic into consideration.

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601-612], we 
considered whether this proposed rulemaking would have a significant 
economic impact on a substantial number of small entities. The term 
``small entities''

[[Page 28633]]

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. If 
you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed 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 proposed rule would economically affect it.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], we offer to assist 
small entities in understanding the proposed rule so that they could 
better evaluate its effects on them and participate in the rulemaking.
    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).

Collection of Information

    This rule calls for a collection of information under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-3520).
    Under the provisions of 33 U.S.C. 499, the Secretary of Homeland 
Security is mandated to prescribe rules and regulations for governing 
the operation of drawbridges. This authorization was delegated to the 
Commandant of the Coast Guard under Department of Homeland Security 
Delegation number 0170.1 and the drawbridge operating regulations are 
set out in 33 CFR part 117. To change any regulation, 5 U.S.C. 553 
requires rulemaking to be published in the Federal Register and that 
the notice shall include a statement of time, place, and nature of 
public rulemaking proceedings. The information collected for the rule 
can only be obtained from the bridge owners. The information collection 
requirements are contained in 33 CFR 117.8, 117.35, 117.36, 117.39, 
117.40, and 117.42.
    Need for Information: To change any regulation, 5 U.S.C. 553 
requires rulemaking to be published in the Federal Register. The 
information needed to change a drawbridge operating schedule can only 
be obtained from the bridge owners. The information collection 
requirements are contained in 33 CFR part 33 CFR 117.8, 117.35, 117.36, 
117.39, 117.40, and 117.42.
    As required by 44 U.S.C. 3507(d), we submitted a copy of this rule 
to the Office of Management and Budget (OMB) for its review of the 
collection of information and OMB has approved the collection. The part 
number is 117 of title 33 and the corresponding approval number from 
OMB is OMB Control Number 1625-0109 which expires on 30 September 2008. 
You are not required to respond to a collection of information unless 
it displays a currently valid OMB control number.

Federalism

    We have analyzed this proposed rule under Executive Order 13132 and 
have determined that this proposed rule would not have implications for 
Federalism under that Order.

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

Taking of Private Property

    This proposed rule would not affect 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not economically significant and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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 proposed 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 proposed rule does not use technical standards. 
Therefore, we did not consider the use of voluntary consensus 
standards.

Environment

    We have analyzed this proposed rule under 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 there are no factors in this 
case that would limit the use of a categorical exclusion under section 
2.B.2 of the

[[Page 28634]]

Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction from further 
environmental documentation. Promulgation of changes to drawbridge 
regulations has been found to not have significant effects on the human 
environment. Under figure 2-1, paragraph (32)(e), of the Instruction, 
an ``Environmental Analysis Check List'' is not required for this rule. 
Comments on this section will be considered before we make the final 
decision on whether to categorically exclude this rule from further 
environmental review.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. Revise the authority citation for part 117 to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1(g); and Department of 
Homeland Security Delegation No. 0170.1.

    2. Revise Sec.  117.1 to read as follows:


Sec.  117.1  Purpose.

    (a) This part prescribes the general and special drawbridge 
operating regulations that apply to the drawbridges across the 
navigable waters of the United States and its territories. The 
authority to regulate drawbridges across the navigable waters of the 
United States is vested in the Secretary of Homeland Security.
    (b) Subpart A of this part contains the general operation 
requirements that apply to all drawbridges.
    (c) Subpart B of this part contains specific requirements for 
operation of individual drawbridges. These requirements are in addition 
to or vary from the general requirements in subpart A. Specific 
sections in subpart B, which vary from a general requirement in subpart 
A, supersede the general requirement. All other general requirements in 
subpart A, that are not at variance, apply to the drawbridges and 
removable span bridges listed in subpart B.


Sec.  117.3  [Removed]

    3. Remove Sec.  117.3.
    4. Revise Sec.  117.4 to read as follows:


Sec.  117.4  Definitions.

    The following definitions apply to this part:
    Appurtenance means an attachment or accessory extending beyond the 
hull or superstructure that is not an integral part of the vessel and 
is not needed for a vessel's piloting, propelling, controlling, or 
collision avoidance capabilities.
    Automated drawbridge means a drawbridge that is operated by an 
automated mechanism, not a drawtender. An automated drawbridge is 
normally kept in the open to navigation position and closes when the 
mechanism is activated.
    Deviation means a District Commander's action authorizing a 
drawbridge owner to temporarily not comply with the drawbridge opening 
requirements in this part.
    District Commander means the Commander of the Coast Guard District 
in which the drawbridge is located.
    Drawbridge means a bridge with an operational span that is intended 
to be opened for the passage of waterway traffic.
    Drawspan means the operational span of a drawbridge.
    Lowerable means the non-structural vessel appurtenance can be 
mechanically or manually lowered and raised again. The term lowerable 
also applies to a nonstructural vessel appurtenance, which can be 
modified to make the item flexible, hinged, collapsible, or telescopic 
so that it can be mechanically or manually lowered and raised again.
    Nonstructural means that the item is not rigidly fixed to the 
vessel and could be relocated or altered.
    Not essential to navigation means that a nonstructural vessel 
appurtenance, when in the lowered position, would not adversely affect 
the vessel's piloting, propulsion, control, or collision-avoidance 
capabilities.
    Public vessel means a vessel that is owned and operated by the 
United States Government and is not engaged in commercial service, as 
defined in 46 U.S.C. 2101.
    Remotely operated drawbridge means a drawbridge that is operated by 
remote control from a location away from the drawbridge.
    Removable span bridge means a bridge that requires the complete 
removal of a span by means other than machinery installed on the bridge 
to open the bridge to navigation.
    Untended means that there is no tender at the drawbridge.
    5. Revise Sec.  117.5 to read as follows:


Sec.  117.5  When the drawbridge must open.

    Except as otherwise authorized or required by this part, 
drawbridges must open promptly and fully for the passage of vessels 
when a request or signal to open is given in accordance with this 
subpart.
    6. Revise Sec.  117.7 to read as follows:


Sec.  117.7  General requirements of drawbridge owners.

    Except for drawbridges that have been authorized, before [effective 
date of final rule], to remain closed to navigation or otherwise 
specified in subpart B of this part, drawbridge owners must:
    (a) Provide the necessary drawtender(s) for the safe and prompt 
opening of the drawbridge.
    (b) Maintain the working machinery of the drawbridge in good 
operating condition.
    (c) Cycle the drawspan(s) periodically to ensure operation of the 
drawbridge.
    (d) Ensure that the drawbridge operates in accordance with the 
requirements of this part.
    (e) Any drawbridge allowed to remain closed to navigation prior to 
[effective date of final rule], when necessary, must be returned to 
operable condition within the designated time set forth by the District 
Commander and will become subject to the requirements of this part.
    7. Add Sec.  117.8 to read as follows:


Sec.  117.8  Permanent changes to drawbridge operation.

    (a) To request a permanent change to a drawbridge operation 
requirement in this part, anyone may submit a written request, together 
with documentation supporting or justifying the requested change, to 
the District Commander.
    (b) If after evaluating the request, the District Commander 
determines that the requested change is not needed, he or she will 
respond to the request in writing and provide the reasons for denial of 
the requested change.
    (c) If the District Commander decides that a change may be needed, 
he or she will begin a rulemaking to implement the change.
    8. In Sec.  117.31 revise the section heading and paragraph (a) to 
read as follows:


Sec.  117.31  Drawbridge operations for emergency vehicles and 
emergency vessels.

    (a) A drawtender, who receives notification that an emergency 
vehicle is responding to an emergency situation, must make all 
reasonable efforts to have the drawspan closed at the time the 
emergency vehicle arrives.
* * * * *
    9. Revise Sec.  117.35 to read as follows:


Sec.  117.35  Temporary change to a drawbridge operating schedule.

    (a) For any temporary change to the operating schedule of a 
drawbridge,

[[Page 28635]]

lasting less than or equal to 180 days, the District Commander may 
issue a deviation approval letter to the bridge owner and publish a 
``Notice of deviation from drawbridge regulation'' in the Federal 
Register.
    (b) If the time period for a temporary change to the operating 
schedule of a drawbridge will be greater than 180 days, the District 
Commander will follow appropriate rulemaking procedures and publish a 
temporary rule in the Federal Register prior to the start of the 
action.
    (c) Request for change. (1) To temporarily change the drawbridge-
operating requirements the bridge owner must submit a written request 
to the District Commander for approval of the change.
    (2) The request must describe the reason for the closure and the 
dates and times scheduled for the start and end of the change.
    (3) Requests should be submitted as early as possible, preferably 
90 days before the start of the action. District Commanders have 
discretion to accept requests submitted less than 90 days before a 
needed change if those requests can be processed before the date of the 
needed change.
    (d) Determination. The District Commander's determination to allow 
the schedule change is normally forwarded to the bridge owner within 
ten working days after receipt of the request. If the request is 
denied, the reasons for the denial will be set out in the District 
Commander's decision letter.
    (e) The drawbridge will return to its regular operating schedule 
immediately at the end of the designated time period.
    (f) If the authorized closure period for an event is broken into 
separate time periods on the same day or on consecutive days, the 
drawbridge must provide normal openings for navigation between the 
authorized closures.
    (g) The District Commander will also announce the change to the 
operating schedule in the Local Notice to Mariners and other 
appropriate local media.
    10. Add Sec.  117.36 to read as follows:


Sec.  117.36  Closure of drawbridge for emergency repair.

    (a) When a drawbridge unexpectedly becomes inoperable, or should be 
immediately rendered inoperable because of mechanical failure or 
structural defect, the drawbridge owner must notify the District 
Commander of the closure without delay and give the reason for the 
emergency closure of the drawbridge and an estimated time when the 
drawbridge will return to operating condition.
    (b) The District Commander will notify mariners about the 
drawbridge status through Broadcast Notices to Mariners, Local Notice 
to Mariners and any other appropriate local media.
    (c) Repair work under this section must be performed with all due 
speed in order to return the drawbridge to operation as soon as 
possible.
    11. Revise Sec.  117.39 to read as follows:


Sec.  117.39  Authorized closure of drawbridge due to infrequent 
requests for openings.

    (a) When there have been no requests for drawbridge openings for at 
least two years, a bridge owner may request that the District Commander 
authorize the drawbridge to remain closed to navigation and to be 
untended.
    (b) Requests to remain closed to navigation, under this section, 
must be submitted in writing to the District Commander for approval.
    (c) The District Commander may:
    (1) Authorize the closure of the drawbridge;
    (2) Set out any conditions in addition to the requirement in 
paragraph (d) of this section; and
    (3) Revoke an authorization and order the drawbridge returned to 
operation when necessary.
    (d) All drawbridges authorized to remain closed to navigation, 
under this section, must be maintained in operable condition.
    (e) Authorization under this section does not:
    (1) Authorize physical changes to the drawbridge structure, or
    (2) Authorize removal of the operating machinery.
    (f) Drawbridges authorized under this section to remain closed to 
navigation and to be untended will be identified in subpart B of this 
part.
    12. Add Sec.  117.40 to read as follows:


Sec.  117.40  Advance notice for drawbridge opening.

    (a) Upon written request by the owner of a drawbridge, the District 
Commander may authorize a drawbridge to operate under an advance notice 
for opening. The drawbridge tender, after receiving the advance notice 
must open the drawbridge at the requested time and allow for a 
reasonable delay in arrival of the vessel giving the advance notice.
    (b) If the request is approved, a description of the advanced 
notice for the drawbridge will be added to subpart B of this part.
    13. Revise Sec.  117.41 to read as follows:


Sec.  117.41  Maintaining drawbridges in the fully open position.

    (a) Drawbridges permanently maintained in the fully open to 
navigation position may discontinue drawtender service as long as the 
drawbridge remains fully open to navigation. The drawbridge must remain 
in the fully open position until drawtender service is restored.
    (b) If a drawbridge is normally maintained in the fully open to 
navigation position, but closes to navigation for the passage of 
pedestrian, vehicular, rail, or other traffic, the drawbridge must be 
tended unless:
    (1) Special operating requirements are established in subpart B of 
this part for that drawbridge;
    (2) Or, the drawbridge is remotely operated or automated.
    14. Add Sec.  117.42 to read as follows:


Sec.  117.42  Remotely operated and automated drawbridges.

    (a) Upon written request by the owner of a drawbridge, the District 
Commander may authorize a drawbridge to operate under an automated 
system or from a remote location.
    (b) If the request is approved, a description of the full operation 
of the remotely operated or automated drawbridge will be added to 
subpart B of this part.

Subpart B--Specific Requirements

    15. Revise Sec.  117.51 to read as follows:


Sec.  117.51  General.

    The drawbridges in this subpart are listed by the state in which 
they are located and by the waterway they cross. Waterways are arranged 
alphabetically by state. The drawbridges listed under a waterway are 
generally arranged in order from the mouth of the waterway moving 
upstream. The drawbridges on the Atlantic Intracoastal Waterway are 
listed from north to south and on the Gulf Intracoastal Waterway from 
east to west.


Sec.  117.53  [Removed]

    16. Remove Sec.  117.53.
    17. In Sec.  117.55 revise paragraph (a) to read as follows:


Sec.  117.55  Posting of requirements.

    (a) The owner of each drawbridge under this subpart, other than 
removable span bridges, must ensure that a sign summarizing the 
requirements in this subpart applicable to the drawbridge is posted 
both upstream and downstream of the drawbridge. The requirements to be 
posted need not include those in subpart A or Sec. Sec.  117.51 through 
117.59 of this part.
* * * * *

[[Page 28636]]

Sec.  117.57  [Removed]

    18. Remove Sec.  117.57.
    19. Revise Sec.  117.145 to read as follows:


Sec.  117.145  Burns Cutoff.

    The drawspan for the Daggett Road Drawbridge, mile 3.0 at Stockton, 
must open on signal if at least 48 hours notice is given to the Port of 
Stockton.
    20. Revise Sec.  117.155 to read as follows:


Sec.  117.155  Eureka Slough.

    The drawspan for the Northwestern Pacific Railroad Authority 
Drawbridge, mile 0.3 at Eureka, need not be opened for the passage of 
vessels. The owner or agency controlling the drawbridge must restore 
the drawspan to full operation within six months of notification from 
the District Commander.
    21. Revise Sec.  117.165 to read as follows:


Sec.  117.165  Lindsey Slough.

    The center drawspan of the Hastings Farms Highway Bridge, mile 2.0 
between Egbert and Lower Hastings Tracts, must be removed for the 
passage of vessels if at least 72 hours notice is given to the Hastings 
Island Land Company office at Rio Vista.


Sec.  117.181  [Amended]

    22. In Sec.  117.181 remove the last sentence of the section.


Sec.  117.187  [Amended]

    23. In Sec.  117.187 remove the last sentence in paragraph (b).
    24. Revise Sec.  117.193 to read as follows:


Sec.  117.193  San Leandro Bay.

    The drawspans of the California Department of Transportation 
Highway and Bicycle drawbridges, mile 0.0 and mile 0.1, between Alameda 
and Bay Farm Island, must open on signal; except that, from 5 a.m. to 8 
a.m. and 5 p.m. to 9 p.m., the drawspans must open on signal if at 
least 12 hours notice is given. Notice must be given to the drawtender 
of the Bay Farm Island drawbridges from 8 a.m. to 5 p.m. and to the 
drawtender of the Park Street Drawbridge at Alameda at all other times. 
The drawspans need not be opened for the passage of vessels from 9 p.m. 
to 5 a.m.


Sec.  117.195  [Amended]

    25. In Sec.  117.195 remove the last sentence in this section.
    26. In Sec.  117.219 revise paragraph (a) to read as follows:


Sec.  117.219  Pequonnock River.

    (a) Public vessels of the United States must be passed through as 
soon as possible.
* * * * *
    27. In Sec.  117.221 revise paragraph (a) to read as follows:


Sec.  117.221  Saugatuck River.

    (a) Public vessels of the United States must be passed through as 
soon as possible.
* * * * *
    28. In Sec.  117.224 revise paragraph (a) to read as follows:


Sec.  117.224  Thames River.

* * * * *
    (a) Immediately on signal for public vessels of the United States 
and commercial vessels; except, when a train scheduled to cross the 
drawbridge, without stopping, has passed the Midway, Groton, or New 
London stations and is in motion toward the drawbridge, the drawspan 
must not be opened for the passage of any vessel until the train has 
crossed the drawbridge; and
* * * * *
    29. Revise Sec.  117.225 to read as follows:


Sec.  117.225  Yellow Mill Channel.

    The drawspan of the Stratford Avenue Bridge, mile 0.3 at 
Bridgeport, must open on signal if at least 24-hours notice is given. 
Public vessels of the United States must pass through as soon as 
possible.
    30. In Sec.  117.255 add paragraph (c) to read as follows:


Sec.  117.255  Potomac River.

* * * * *
    (c) This section is also issued under the authority of Public Law 
102-587, 106 Stat. 5039.
    31. In Sec.  117.261 revise paragraph (a) to read as follows:


Sec.  117.261  Atlantic Intracoastal Waterway from St. Marys River to 
Key Largo.

    (a) General. Public vessels of the United States and tugs with tows 
must be passed through the drawspan of each drawbridge listed in this 
section at anytime.
* * * * *
    32. Revise Sec.  117.269 to read as follows:


Sec.  117.269  Biscayne Bay.

    The east drawspan of the Venetian Causeway Drawbridge, between 
Miami and Miami Beach, must open on signal; except that, from November 
1 through April 30 from 7:15 a.m. to 8:45 a.m. and 4:45 p.m. to 6:15 
p.m. Monday through Friday, the draw need not be opened. However, the 
drawspan must open at 7:45 a.m., 8:15 a.m., 5:15 p.m., and 5:45 p.m. if 
any vessels are waiting to pass. The drawspan must open on-signal on 
Thanksgiving Day, Christmas Day, New Year's Day, and Washington's 
Birthday. The drawspan must open at anytime for public vessels of the 
United States and tugs with tows.


Sec.  117.271  [Amended]

    33. In Sec.  117.271 remove paragraph (b) and remove the paragraph 
designator from paragraph (a).
    34. Revise Sec.  117.273 to read as follows:


Sec.  117.273  Canaveral Barge Canal.

    (a) The drawspan of the Christa McAuliffe Drawbridge, SR 3, mile 
1.0, across the Canaveral Barge Canal need only open daily for vessel 
traffic on the hour and half-hour from 6 a.m. to 10 p.m.; except that 
from 6:15 a.m. to 8:15 a.m. and from 3:10 p.m. to 5:59 p.m., Monday 
through Friday, except Federal holidays, the drawspan need not open. 
From 10:01 p.m. to 5:59 a.m., everyday, the drawspan must open on 
signal if at least 3 hours notice is given to the drawtender. The 
drawspan must open as soon as possible for the passage of public 
vessels of the United States and tugs with tows.
    (b) The drawspan of the SR401 Drawbridge, mile 5.5 at Port 
Canaveral, must open on signal; except that, from 6:30 a.m. to 8 a.m. 
and 3:30 p.m. to 5:15 p.m. Monday through Friday except Federal 
holidays, the drawspan need not be opened for the passage of vessels. 
From 10 p.m. to 6 a.m., the drawspan must open on signal if at least 
three hours notice is given. The drawspan must open as soon as possible 
for the passage of pubic vessels of the United States and tugs with 
tows.


Sec.  117.277  [Removed]

    35. Remove Sec.  117.277.
    36.In Sec.  117.287 revise paragraph (a) to read as follows:


Sec.  117.287  Gulf Intracoastal Waterway.

    (a) Public vessels of the United States and tugs with tows must be 
passed through the drawspan of each drawbridge listed in this section 
at anytime.
* * * * *
    37. Revise Sec.  117.289 to read as follows:


Sec.  117.289  Hillsboro Inlet.

    The drawspans of the SR A-1-A Drawbridge, mile 0.3 at Hillsboro 
Beach, must open on signal; except that, from 7 a.m. to 6 p.m., the 
drawspans need be

[[Page 28637]]

opened only on the hour, quarter hour, half hour, and three quarter 
hour. Public vessels of the United States and tugs with tows must be 
passed at anytime.
    38. In Sec.  117.291 revise paragraph (a) to read as follows:


Sec.  117.291  Hillsborough River.

    (a) The drawspans for the drawbridges at Platt Street, mile 0.0, 
Brorein Street, mile 0.16, Kennedy Boulevard, mile 0.4, Cass Street, 
mile 0.7, Laurel Street, mile 1.0, West Columbus Drive, mile 2.3, and 
West Hillsborough Avenue, mile 4.8, must open on signal if at least two 
hours notice is given; except that, the drawspan must open on signal as 
soon as possible for public vessels of the United States.
* * * * *
    39. Revise Sec.  117.311 to read as follows:


Sec.  117.311  New Pass.

    The drawspan for the State Road 789 Drawbridge, mile 0.05, at 
Sarasota, need only open on the hour, twenty minutes past the hour, and 
forty minutes past the hour from 7 a.m. to 6 p.m. From 6 p.m. to 7 
a.m., the drawspan must open on signal if at least 3 hours notice is 
given to the drawtender. Public vessels of the United States and tugs 
with tows must be passed at anytime.
    40. In Sec.  117.313 revise paragraph (a) to read as follows:


Sec.  117.313  New River.

    (a) The drawspan for the S.E. Third Avenue Drawbridge, mile 1.4 at 
Fort Lauderdale, must open on signal; except that, from 7:30 a.m. to 
8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Friday, excluding 
Saturday, Sunday, and all federal, state, and local holidays, the 
drawspan need not be opened for the passage of vessels. Public vessels 
of the United States and tugs with tows must be passed at anytime.
* * * * *
    41. Revise Sec.  117.315 to read as follows:


Sec.  117.315  New River, South Fork.

    (a) The drawspan for the Southwest 12th Street Drawbridge, mile 0.9 
at Fort Lauderdale, must open on signal; except that, from 7:30 a.m. to 
8:30 a.m. and 4:30 p.m. to 5:30 p.m. Monday through Friday, excluding 
Saturday, Sunday, and federal, state, and local holidays, the drawspan 
need not be opened for the passage of vessels. Public vessels of the 
United States and tugs with tows must be passed through the draw as 
soon as possible.
    (b) The drawspan for the SR84 Drawbridge, mile 4.4 at Fort 
Lauderdale, must open on signal if at least 24 hours notice is given. 
Public vessels of the United States and tugs with tows must be passed 
through the draw as soon as possible.
    42. In Sec.  117.317 revise paragraph (a) to read as follows:


Sec.  117.317  Okeechobee Waterway.

    (a) Exempt vessels. This term means public vessels of the United 
States and tugs with tows.
* * * * *
    43. In Sec.  117.325 revise paragraph (a) to read as follows:


Sec.  117.325  St. Johns River.

    (a) The drawspan for the Main Street (US17) drawbridge, mile 24.7, 
at Jacksonville, must open on signal except that, from 7 a.m. to 8:30 
a.m. and from 4:30 p.m. to 6 p.m., Monday through Saturday except 
Federal holidays, the drawspan need not be opened for the passage of 
vessels.
* * * * *
    44. In Sec.  117.353 revise paragraph (a) to read as follows:


Sec.  117.353  Atlantic Intracoastal Waterway, Savannah River to St. 
Marys River.

    (a) General. Public vessels of the United States and tugs with tows 
must, upon proper signal, be passed through the drawspan of each 
drawbridge in this section at anytime.
* * * * *


Sec. Sec.  117.486 through 117.488  [Redesignated]

    45. Redesignate Sec. Sec.  117.486 through 117.488 as follows:

------------------------------------------------------------------------
                       Old section                          New section
------------------------------------------------------------------------
117.486.................................................         117.487
117.487.................................................         117.488
117.488.................................................         117.486
------------------------------------------------------------------------

    46. In Sec.  117.531 revise paragraph (a)(1) to read as follows:


Sec.  117.531  Piscataqua River.

    (a) * * *
    (1) Public vessels of the United States, commercial vessels over 
100 gross tons, inbound ferry service vessels and inbound commercial 
fishing vessels must be passed through the drawspan of each drawbridge 
as soon as possible. The opening signal from these vessels is four or 
more short blasts of a whistle, horn or a radio request.
* * * * *


Sec.  117.535  [Removed]

    47. Remove Sec.  117.535.
    48. In Sec.  117.571 revise paragraph (d) to read as follows:


Sec.  117.571  Spa Creek.

* * * * *
    (d) The drawspan must always open on signal for public vessels of 
the United States.
    49. In Sec.  117.573 revise paragraph (c) to read as follows:


Sec.  117.573  Stoney Creek.

* * * * *
    (c) Public vessels of the United States must be passed as soon as 
possible.
    50. In Sec.  117.588 revise paragraphs (a) and (c) to read as 
follows:


Sec.  117.588  Bass River.

* * * * *
    (a) Public vessels of the United States must be passed as soon as 
possible.
* * * * *
    (c) That the drawspan for the Hall Whitaker Drawbridge must open on 
signal if at least 24 hours notice is given.
    51. In Sec.  117.605 revise paragraph (c) to read as follows:


Sec.  117.605  Merrimack River.

* * * * *
    (c) The drawspans for the Massachusetts Department of Public Works 
drawbridges, mile 5.8 at Newburyport and mile 12.6 at Rock Village, and 
Groveland Drawbridge, mile 16.5 at Groveland, must open on signal if at 
least two hours notice is given. Public vessels of the United States 
must be passed through the drawspans as soon as possible.
    52. In Sec.  117.620 revise paragraphs (a) and (c) to read as 
follows:


Sec.  117.620  Westport River--East Branch.

    (a) Public vessels of the United States must be passed as soon as 
possible.
* * * * *
    (c) That the drawspan for the Westport Point Drawbridge, mile 1.2 
at Westport, must open on signal if at least 24 hours notice is given.
    53. Revise Sec.  117.683 to read as follows:


Sec.  117.683  Pearl River.

    See Sec.  117.486, Pearl River, listed under Louisiana.
    54. In Sec.  117.703 revise paragraph (a) to read as follows:


Sec.  117.703  Bass River.

* * * * *
    (a) The drawspan must open on signal if at least six hours notice 
is given, except that public vessels of the United States must be 
passed as soon as possible.
* * * * *
    55. In Sec.  117.713 revise paragraph (a) to read as follows:


Sec.  117.713  Cooper River.

    (a) The drawspans for the State Street Drawbridge, mile 0.3 and the 
Conrail

[[Page 28638]]

Drawbridge at North River Avenue, mile 0.9, must open on signal if at 
least four hours notice is given.
* * * * *


Sec.  117.731  [Redesignated as Sec.  117.730]

    56. Redesignate Sec.  117.731 as Sec.  117.730.


Sec.  117.731a  [Redesignate as Sec.  117.731 and Amend]

    57. Redesignate Sec.  117.731a as Sec.  117.731 and in newly 
redesignated Sec.  117.731, revise paragraph (c) to read as follows:


Sec.  117.731  Mullica River.

* * * * *
    (c) The drawspan must open as soon as possible for public vessels 
of the United States during the periods when four hours notice is 
required.


Sec.  117.733  [Amended]

    58. In Sec.  117.733 remove paragraph (a) and redesignate 
paragraphs (b) through (j) as paragraphs (a) through (i) respectively.
    59. Revise Sec.  117.736 to read as follows:


Sec.  117.736  Oceanport Creek.

    The drawspan for the New Jersey Transit Rail Operations Drawbridge, 
mile 8.4 near Oceanport, must open on signal from May 15 through 
September 15 between 5 a.m. and 9 p.m.; except that, the drawspan need 
not open 6 a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 p.m on weekdays, 
excluding all federal holidays except for Martin Luther King Day. The 
drawspan must open on signal upon four hours notice from May 15 through 
September 15 between 9 p.m. and 5 a.m., and from September 16 through 
May 14; except that, the drawspan need not be opened from 6 a.m. to 
7:45 a.m. and 5:30 p.m. to 7:30 p.m. on weekdays, excluding all Federal 
holidays except for Martin Luther King Day. Public vessels of the 
United States must be passed as soon as possible at anytime.
    60. In Sec.  117.738 revise paragraph (a)(2) to read as follows:


Sec.  117.738  Overpeck Creek.

    (a) * * *
    (2) Public vessels of the United States must be passed through the 
drawspan of each drawbridge as soon as possible.
* * * * *


Sec.  117.739  [Amended]

    61. In Sec.  117.739 remove paragraphs (o) and (p)(2); redesignate 
paragraph (p)(3) as (p)(2) and redesignate paragraphs (p) through (u) 
as paragraphs (o) through (t) respectively.
    62. In Sec.  117.745 revise paragraphs (a)(1) and (b), introductory 
text, to read as follows:


Sec.  117.745  Rancocas River (Creek).

    (a) * * *
    (1) Public vessels of the United States must be passed through the 
drawspan of each drawbridge as soon as possible without delay at 
anytime. The opening signal from these vessels is four or more short 
blasts of a whistle or horn, or a radio request.
* * * * *
    (b) The drawspan for the SR543 Drawbridge, mile 1.3 at 
Riverside and the SR38 Drawbridge, mile 7.8 at Centerton, must 
operate as follows:
* * * * *


Sec.  117.775  [Removed]

    63. Remove Sec.  117.775.


Sec.  117.783  [Removed]

    64. Remove Sec.  117.783.
    65. In Sec.  117.789, revise paragraph (a) to read as follows:


Sec.  117.789  Harlem River.

    (a) The drawspan of each drawbridge across the Harlem River, except 
the Spuyten Duyvil Railroad Drawbridge, need not be opened from 5 p.m. 
to 10 a.m. However, at all times, public vessels of the United States 
must be passed through the drawspan of each drawbridge, listed in this 
section, as soon as possible.
* * * * *
    66. In Sec.  117.791 remove paragraph (a)(3); redesignate 
paragraphs (a)(4) and (a)(5) as (a)(3) and (a)(4), respectively, and 
revise paragraph (f)(4) to read as follows:


Sec.  117.791  Hudson River.

* * * * *
    (f) * * *
    (4) During the period that the Federal Lock at Troy is inoperative, 
the drawspans need not be opened for the passage of vessels.


Sec.  117.795  [Amended]

    67. In Sec.  117.795, remove paragraph (c).
    68. In Sec.  117.797 revise paragraph (a) to read as follows:


Sec.  117.797  Lake Champlain.

    (a) The drawspan for each drawbridge listed in this section must 
open as soon as possible for public vessels of the United States.
* * * * *
    69. In Sec.  117.799 revise paragraph (a) to read as follows:


Sec.  117.799  Long Island, New York Inland Waterway from East Rockaway 
Inlet to Shinnecock Canal.

    (a) At all times, public vessels of the United States, state must 
be passed through the drawspan of each drawbridge listed in this 
section as soon as possible.
* * * * *


Sec.  117.821  [Amended]

    70. In Sec.  117.821 remove paragraph (a)(1) and redesignate (a)(2) 
through (a)(6) as (a)(1) through (a)(5) respectively.
    71. In Sec.  117.824 revise paragraph (a)(3) to read as follows:


Sec.  117.824  Neuse River.

    (a) * * *
    (3) Must always open on signal for public vessels of the United 
States.
* * * * *
    72. In Sec.  117.843 revise paragraph (a)(3) to read as follows:


Sec.  117.843  Trent River.

    (a) * * *
    (3) Must always open on signal for public vessels of the United 
States.
* * * * *


Sec.  117.867  [Removed]

    73. Remove Sec.  117.867.


Sec.  117.881  [Amended]

    74. In Sec.  117.881 remove paragraph (b) and paragraph designator 
(a) from the remaining text.


Sec.  117.885  [Removed]

    75. Remove Sec.  117.885.


Sec.  117.891  [Removed]

    76. Remove Sec.  117.891.
    77. Revise Sec.  117.892 to read as follows:


Sec.  117.892  South Slough.

    The drawspan for the Oregon State Highway Drawbridge across South 
Slough at Charleston must open on signal for the passage of vessels, 
except that between the hours of 7 a.m. and 7 p.m., from June 1 through 
September 30, the drawspan need be opened only on the hour and half-
hour. This exception must not apply to commercial tugs and/or tows or 
public vessels of the United States.
    78. In Sec.  117.911 revise paragraph (a) to read as follows:


Sec.  117.911  Atlantic Intracoastal Waterway, Little River to Savannah 
River.

    (a) General. Public vessels of the United States and tugs with 
tows, upon proper signal, will be passed through the drawspan of each 
drawbridge listed in this section at anytime.
* * * * *

[[Page 28639]]

Sec.  117.949  [Amended]

    79. In Sec.  117.949 remove the last sentence of the section.
    80. Revise Sec.  117.968 to read as follows:


Sec.  117.968  Gulf Intracoastal Waterway.

    The drawspan for the Port Isabel Drawbridge, mile 666.0, must open 
on signal; except that, from 5 a.m. to 8 p.m. on weekdays only, 
excluding Federal, state, and local holidays, the drawspan need open 
only on the hour for pleasure craft. The drawspan must open on signal 
at anytime for commercial vessels. When the drawspan is open for a 
commercial vessel, waiting pleasure craft must be passed.
    81. Revise Sec.  117.977 to read as follows:


Sec.  117.977  Pelican Island Causeway, Galveston Channel.

    The drawspan for the Pelican Island Causeway Drawbridge across 
Galveston Channel, mile 4.5 of the Galveston Channel, (GIWW mile 356.1) 
at Galveston, Texas, must open on signal; except that, from 6:40 a.m. 
to 8:10 a.m., 12 noon to 1 p.m., and 4:15 p.m. to 5:15 p.m. Monday 
through Friday except Federal holidays, the drawspan need not be opened 
for passage of vessels. Public vessels of the United States must be 
passed at anytime.
    82. In Sec.  117.993 revise paragraph (a) to read as follows:


Sec.  117.993  Lake Champlain.

    (a) The drawspan for each of the drawbridges listed in this section 
must open as soon as possible for the passage of public vessels of the 
United States.
* * * * *
    83. In Sec.  117.1023 revise paragraph (b) to read as follows:


Sec.  117.1023  Pamunkey River.

* * * * *
    (b) Public vessels of the United States must pass at anytime.


Sec.  117.1039  [Removed]

    84. Remove Sec.  117.1039.

Appendix A to Part 117 [Removed]

    85. Remove Appendix A To part 117.

    Dated: May 5, 2006.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention.
[FR Doc. 06-4631 Filed 5-16-06; 8:45 am]
BILLING CODE 4910-15-P