Drawbridge Operation Regulations; Illinois Waterway, Beardstown, IL, 30263-30264 [E7-10496]

Download as PDF Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321– 4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(h), of the Instruction, from further environmental documentation. Special local regulations issued in conjunction with a regatta or marine parade permit are specifically excluded from further analysis and documentation under that section. Under figure 2–1, paragraph (34)(h), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: I Coast Guard Sector Hampton Roads with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (3) Participant includes all vessels participating in the Ocean City Maryland Offshore Challenge under the auspices of the Marine Event Permit issued to the event sponsor and approved by Commander, Coast Guard Sector Hampton Roads. (c) Special local regulations. (1) Except for event participants and persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area must stop the vessel immediately when directed to do so by any Official Patrol and then proceed only as directed. (3) All persons and vessels shall comply with the instructions of the Official Patrol. (4) When authorized to transit the regulated area, all vessels shall proceed at the minimum speed necessary to maintain a safe course that minimizes wake near the race course. (d) Enforcement period. This section will be enforced from 9 a.m. to 5 p.m. on June 16 and 17, 2007. Dated: May 15, 2007. L.L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E7–10506 Filed 5–30–07; 8:45 am] BILLING CODE 4910–15–P Authority: 33 U.S.C. 1233. I 2. Add a temporary § 100.35–T05–016 to read as follows: DEPARTMENT OF HOMELAND SECURITY § 100.35-T05–016 City, MD. Coast Guard Technical Standards cprice-sewell on PRODPC61 with RULES 30263 The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards (a) Regulated area. The regulated area is established for the waters of the Atlantic Ocean bounded by a line drawn from a position along the shoreline near Ocean City, MD at latitude 38°22′01″ N, longitude 075°03′29″ W, thence easterly to latitude 38°21′50″ N, longitude 075°03′00″ W, thence southwesterly to latitude 38°20′10″ N, longitude 075°03′42″ W, thence westerly to a position near the shoreline at latitude 38°20′15″ N, longitude 075°04′12″ W, thence northerly along the shoreline to the point of origin. All coordinates reference Datum NAD 1983. (b) Definitions. (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Hampton Roads. (2) Official Patrol means any vessel assigned or approved by Commander, VerDate Aug<31>2005 14:52 May 30, 2007 Jkt 211001 PO 00000 Frm 00025 Atlantic Ocean, Ocean Fmt 4700 Sfmt 4700 33 CFR Part 117 [CGD08–07–012] Drawbridge Operation Regulations; Illinois Waterway, Beardstown, IL Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: SUMMARY: The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operations of the Burlington Northern Santa Fe Railroad Bridge, Mile 88.8, at Beardstown, Illinois across the Illinois Waterway. The deviation is necessary to allow time for replacement of rail ties which only can be done when the bridge is in the closed-to-navigation position. This deviation allows the bridge to remain closed-to-navigation during a 4-hour E:\FR\FM\31MYR1.SGM 31MYR1 30264 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations interval each day for eight days in a two week period. This deviation is effective from 9 a.m. June 4, 2007, to 1 p.m. June 14, 2007. DATES: Materials referred to in this document are available for inspection or copying at Room 2.107F in the Robert A. Young Federal Building, 1222 Spruce Street, St. Louis, MO 63103–2832, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. The telephone number is 314–269– 2300. The Bridge Administration Branch maintains the public docket for this temporary deviation. Dated: May 21, 2007. Roger K. Wiebusch, Bridge Administrator. [FR Doc. E7–10496 Filed 5–30–07; 8:45 am] BILLING CODE 4910–15–P ADDRESSES: FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge Administrator, (314) 269–2378. cprice-sewell on PRODPC61 with RULES The deviation period is from 9 a.m. to 1 p.m., each day, June 4–7 and 11–14, 2007, when the draw span will be maintained in the closed-to-navigation position. During this time rail ties will be pulled from the tracks and replaced. Both commercial vessels and recreational watercraft use the waterway. Most commercial vessels can not pass underneath the bridge while it is in the closed position. If an emergency arises, it would be possible to open the bridge, once workers and equipment have been moved from the drawspan. There are no alternate routes for vessels transiting this section of the Illinois Waterway. The Corps of Engineers will be performing repairs to the Melvin Price Lock and Dam, mile 200.8, Upper Mississippi River for maintenance from May 10 to June 24, 2007 which will minimize commercial vessel movements between the bridge and the lock locations. Minimal impact to navigation is expected. In accordance with 33 CFR 117.35(c), the drawbridge shall return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Jkt 211001 33 CFR Part 165 [CGD09–07–014] RIN 1625–AA00 Safety Zone; Baileys Harbor Fireworks, Baileys Harbor, Baileys Harbor, WI Coast Guard, DHS. ACTION: Temporary final rule. The Burlington Northern Santa Fe Railway Company requested a temporary deviation for the Burlington Northern Santa Fe Railroad Bridge, mile 88.8, at Beardstown, Illinois across the Illinois Waterway. It has a vertical clearance of 19.6 feet above normal pool in the closed position. The Burlington Northern Santa Fe Railroad Bridge currently operates in accordance with 33 CFR 117.393(a) which requires that the bridge be maintained in the open-tonavigation position; closing only when a train needs to transit the bridge. 14:52 May 30, 2007 Coast Guard AGENCY: SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 DEPARTMENT OF HOMELAND SECURITY SUMMARY: The Coast Guard has established a temporary safety zone on Baileys Harbor, Baileys Harbor, WI. This zone is intended to restrict vessels from a portion of Baileys Harbor during the Baileys Harbor July 5, 2007 fireworks display. This temporary safety zone is necessary to protect spectators and vessels from the hazards associated with fireworks displays. DATES: This rule is effective from 9 p.m. to 11 p.m. on July 5, 2007. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket [CGD09–07–014] and are available for inspection or copying at Coast Guard Sector Lake Michigan (spw), 2420 South Lincoln Memorial Drive, Milwaukee, WI 53207 between 8 a.m. and 3 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: CWO Brad Hinken, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747– 7154. SUPPLEMENTARY INFORMATION: Regulatory Information On May 2, 2007, we published a notice of proposed rulemaking (NPRM) entitled Safety Zone; Baileys Harbor Fireworks, Baileys Harbor, Baileys Harbor, WI in the Federal Register (72 FR 24196). We received no letters commenting on the proposed rule. No public meeting was requested, and none was held. Background and Purpose This temporary safety zone is necessary to ensure the safety of vessels and spectators from hazards associated with a fireworks display. Based on PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 accidents that have occurred in other Captain of the Port zones, and the explosive hazards of fireworks, the Captain of the Port Lake Michigan has determined fireworks launches in close proximity to watercraft pose significant risk to public safety and property. The likely combination of large numbers of recreation vessels, congested waterways, darkness punctuated by bright flashes of light, alcohol use, and debris falling into the water could easily result in serious injuries or fatalities. Establishing a safety zone to control vessel movement around the location of the launch platform will help ensure the safety of persons and property at these events and help minimize the associated risks. Discussion of Comments and Changes No comments were received concerning this rule. No changes were made. Regulatory Evaluation This rule is not a ‘‘significant regulatory action’’ under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. The Coast Guard’s use of this safety zone will be temporary lasting only two hours. This safety zone has been designed to allow vessels to transit unrestricted to portions of the harbor not affected by the zone. The Coast Guard expects insignificant adverse impact to mariners from the activation of this zone. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– E:\FR\FM\31MYR1.SGM 31MYR1

Agencies

[Federal Register Volume 72, Number 104 (Thursday, May 31, 2007)]
[Rules and Regulations]
[Pages 30263-30264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10496]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-07-012]


Drawbridge Operation Regulations; Illinois Waterway, Beardstown, 
IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eighth Coast Guard District has issued a 
temporary deviation from the regulation governing the operations of the 
Burlington Northern Santa Fe Railroad Bridge, Mile 88.8, at Beardstown, 
Illinois across the Illinois Waterway. The deviation is necessary to 
allow time for replacement of rail ties which only can be done when the 
bridge is in the closed-to-navigation position. This deviation allows 
the bridge to remain closed-to-navigation during a 4-hour

[[Page 30264]]

interval each day for eight days in a two week period.

DATES: This deviation is effective from 9 a.m. June 4, 2007, to 1 p.m. 
June 14, 2007.

ADDRESSES: Materials referred to in this document are available for 
inspection or copying at Room 2.107F in the Robert A. Young Federal 
Building, 1222 Spruce Street, St. Louis, MO 63103-2832, between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 314-269-2300. The Bridge Administration Branch 
maintains the public docket for this temporary deviation.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge 
Administrator, (314) 269-2378.

SUPPLEMENTARY INFORMATION: The Burlington Northern Santa Fe Railway 
Company requested a temporary deviation for the Burlington Northern 
Santa Fe Railroad Bridge, mile 88.8, at Beardstown, Illinois across the 
Illinois Waterway. It has a vertical clearance of 19.6 feet above 
normal pool in the closed position. The Burlington Northern Santa Fe 
Railroad Bridge currently operates in accordance with 33 CFR 117.393(a) 
which requires that the bridge be maintained in the open-to-navigation 
position; closing only when a train needs to transit the bridge.
    The deviation period is from 9 a.m. to 1 p.m., each day, June 4-7 
and 11-14, 2007, when the draw span will be maintained in the closed-
to-navigation position. During this time rail ties will be pulled from 
the tracks and replaced. Both commercial vessels and recreational 
watercraft use the waterway. Most commercial vessels can not pass 
underneath the bridge while it is in the closed position. If an 
emergency arises, it would be possible to open the bridge, once workers 
and equipment have been moved from the drawspan. There are no alternate 
routes for vessels transiting this section of the Illinois Waterway. 
The Corps of Engineers will be performing repairs to the Melvin Price 
Lock and Dam, mile 200.8, Upper Mississippi River for maintenance from 
May 10 to June 24, 2007 which will minimize commercial vessel movements 
between the bridge and the lock locations. Minimal impact to navigation 
is expected.
    In accordance with 33 CFR 117.35(c), the drawbridge shall return to 
its regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: May 21, 2007.
Roger K. Wiebusch,
Bridge Administrator.
[FR Doc. E7-10496 Filed 5-30-07; 8:45 am]
BILLING CODE 4910-15-P

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