Drawbridge Operation Regulation; Upper Mississippi River, IA, 787-789 [2016-31893]
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Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules
calendar quarter (in the case of a brewer
who was previously authorized to
submit reports quarterly).
(2) Required statement. When filing
the first quarterly or monthly report
described in paragraph (d)(1)(i) of this
section, a brewer must state on the form
that it is increasing the frequency of its
reporting and henceforth will submit
quarterly or monthly reports, as
applicable. The brewer must then
continue to file the appropriate form for
each subsequent quarter or month of
that calendar year.
(e) More frequent reporting required
by TTB. The appropriate TTB officer
may at any time require a brewer who
is filing Form 5130.9 or Form 5130.26
quarterly or annually to file such reports
more frequently if there is a jeopardy to
the revenue.
(f) Submission and retention. The
brewer may submit reports in either
paper format or electronically via TTB
Pay.gov. The brewer must retain a copy
of Form 5130.9 or Form 5130.26 (or any
successor form) in either paper or
electronic format as part of the brewery
records.
PART 26—LIQUORS AND ARTICLES
FROM PUERTO RICO AND THE VIRGIN
ISLANDS
12. The authority citation for part 26
is revised to read as follows:
■
Authority: 19 U.S.C. 81c; 26 U.S.C. 5001,
5007, 5008, 5010, 5041, 5051, 5061, 5111–
5114, 5121, 5122–5124, 5131–5132, 5207,
5232, 5271, 5275, 5301, 5314, 5555, 6001,
6109, 6301, 6302, 6804, 7101, 7102, 7651,
7652, 7805; 27 U.S.C. 203, 205; 31 U.S.C.
9301, 9303, 9304, 9306.
13. [The proposed amendatory
instructions and the proposed
regulatory text for part 26 are the same
as the amendatory instructions and the
amendatory regulatory text set forth in
the temporary rule on this subject
published in the Rules and Regulations
section of this issue of the Federal
Register].
■
PART 27—IMPORTATION OF
DISTILLED SPIRITS, WINES, AND
BEER
mstockstill on DSK3G9T082PROD with PROPOSALS
15. [The proposed amendatory
instructions and the proposed
regulatory text for part 27 are the same
as the amendatory instructions and the
amendatory regulatory text set forth in
the temporary rule on this subject
Jkt 241001
Authority: 5 U.S.C. 552(a); 19 U.S.C. 81c,
1202; 26 U.S.C. 5001, 5007, 5008, 5041, 5051,
5054, 5061, 5121, 5122, 5201, 5205, 5207,
5232, 5273, 5301, 5313, 5555, 6109, 6302,
7805; 27 U.S.C. 203, 205; 44 U.S.C. 3504(h).
17. [The proposed amendatory
instructions and the proposed
regulatory text for part 28 are the same
as the amendatory instructions and the
amendatory regulatory text set forth in
the temporary rule on this subject
published in the Rules and Regulations
section of this issue of the Federal
Register].
■
PART 30—GAUGING MANUAL
18. The authority citation for part 30
continues to read as follows:
■
Authority: 26 U.S.C. 7805.
19. [The proposed amendatory
instructions and the proposed
regulatory text for part 30 are the same
as the amendatory instructions and the
amendatory regulatory text set forth in
the temporary rule on this subject
published in the Rules and Regulations
section of this issue of the Federal
Register].
■
Signed: December 21, 2016.
Mary G. Ryan,
Acting Administrator.
Approved: December 22, 2016.
Timothy E. Skud,
Deputy Assistant Secretary. (Tax, Trade, and
Tariff Policy).
[FR Doc. 2016–31415 Filed 1–3–17; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. USCG–2016–0561]
Authority: 5 U.S.C. 552(a), 19 U.S.C. 81c,
1202; 26 U.S.C. 5001, 5007, 5008, 5010, 5041,
5051, 5054, 5061, 5121, 5122–5124, 5201,
5205, 5207, 5232, 5273, 5301, 5313, 5555,
6109, 6302, 7805.
18:07 Jan 03, 2017
16. The authority citation for part 28
is revised to read as follows:
■
33 CFR Part 117
14. The authority citation for part 27
is revised to read as follows:
VerDate Sep<11>2014
PART 28—EXPORTATION OF
ALCOHOL
Coast Guard
■
■
published in the Rules and Regulations
section of this issue of the Federal
Register].
RIN 1625–AA09
Drawbridge Operation Regulation;
Upper Mississippi River, IA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the operating schedule that
governs the draws of all bridges between
Lock and Dam No. 14, mile 493.3, and
SUMMARY:
PO 00000
Frm 00054
Fmt 4702
Sfmt 4702
787
Lock and Dam No. 10, mile 615.1, on
the Upper Mississippi River by adding
a 24-hour notice requirement for
openings during the winter season. This
proposed rule would allow the
drawbridges to remain in the closed-tonavigation position for extended periods
allowing the owners of the drawbridges
to perform preventive maintenance that
is essential to the safe operation of the
drawbridges. This proposed rule would
allow for flexibility in beginning these
special operating schedules each year
based on the arrival of winter weather.
DATES: Comments and related material
must reach the Coast Guard on or before
March 6, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0561 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Eric A. Washburn,
Bridge Administrator, Western Rivers,
Coast Guard; telephone 314–269–2378,
email Eric.Washburn@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed
rulemaking
Pub. L. Public Law
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
For 7 years the Coast Guard has
issued temporary deviations requiring
24 hours advance notice to open for the
three drawbridges between Lock and
Dam No. 14, mile 493.3, and Lock and
Dam No. 10, mile 615.1, on the Upper
Mississippi River. The temporary
deviations allowed the bridge owners to
perform preventive maintenance during
the winter season when there is less
impact on navigation. Most recently, the
temporary deviations for 2015 were
published in the Federal Register in
December, 2015 as follows: ‘‘Drawbridge
Operation Regulation; Upper
Mississippi River, Clinton, IA’’ and
‘‘Drawbridge Operation Regulation;
Upper Mississippi River, Dubuque, IA’’
both published on December 4, 2015 (80
FR 75811); and ‘‘Drawbridge Operation
Regulation; Upper Mississippi River,
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04JAP1
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Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules
mstockstill on DSK3G9T082PROD with PROPOSALS
Sabula IA’’ published on December 21,
2015 (80 FR 79260). The local mariners
in this area have complied with these
24-hour advance notice deviations.
Through this rule, under the authority
in 33 U.S.C. 499 and 33 CFR 117.8, the
Coast Guard is proposing to make these
temporary deviations part of a
permanent regulation. The Coast Guard
proposes to do this by including the
bridges between Lock and Dam No. 14
and Lock and Dam No. 10 in the
regulation for specific requirements
under 33 CFR 117.671(a), allowing the
bridges to open on signal if at least 24
hours advance notice is given between
on/or about December 15 through the
last day of February each year. Through
the same authorities, this rule proposes
an amendment to 117.671(a) and (b) to
change the beginning date for the
special operating schedules for all
drawbridges listed under this
regulation.
The purpose of this proposed
rulemaking is to eliminate the need for
bridge owners to request a temporary
deviation each year for the winter
season in order to perform preventative
maintenance that is essential to the safe
operation for the drawbridges.
Additionally, the proposed date change
would allow flexibility in when to begin
the special operating schedules each
year based on the arrival of winter
weather.
There are three bridges affected by
this proposed change. The Clinton
Railroad Drawbridge, mile 518.0, at
Clinton, IA, provides a vertical
clearance of 18.7 feet above normal pool
in the closed-to-navigation position, the
Sabula Railroad Drawbridge, mile 535.0,
at Sabula, IA, provides a vertical
clearance of 18.1 feet above normal pool
in the closed-to-navigation position, and
the Illinois Central Railroad Drawbridge,
mile 579.9, at Dubuque, IA, provides a
vertical clearance of 19.9 feet above
normal pool in the closed-to-navigation
position. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft and will not
be significantly impacted.
III. Discussion of Proposed Rule
This proposed rulemaking would
change the operating schedule for three
bridges by amending the regulations
governing the Upper Mississippi River
drawbridge operating requirements
under 33 CFR 117.671(a) to include
these bridges. Currently, this special
operating schedule applies to the draws
of all bridges on the Upper Mississippi
River from Lock and Dam No. 10, mile
615.1 to Lock and Dam No. 2, mile
815.2. As proposed, the special
operating schedule would be amended
VerDate Sep<11>2014
18:07 Jan 03, 2017
Jkt 241001
to include the draws of three additional
bridges located between Lock and Dam
No. 14, mile 493.3 to Lock and Dam No.
10, mile 615.1. This proposed rule
would also change the language of
117.671(a) and (b) to begin the special
operating schedules on or about
December 15 each year instead of on
December 15 each year. A notice of
enforcement would be issued each year
indicating the start date for the special
operating schedule. The bridges that
would be included in this amended
special local regulation are the Clinton
Railroad Drawbridge, mile 518.0, at
Clinton, IA, the Sabula Railroad
Drawbridge, mile 535.0, at Sabula, IA,
and the Illinois Central Railroad
Drawbridge, mile 579.9, at Dubuque, IA.
Currently these bridges open on signal.
This change would require the bridges
to open on signal if at least 24 hours
advance notice is given beginning on or
about December 15 and lasting through
the last day of February each year.
Winter conditions, such as ice on the
Upper Mississippi River, coupled with
annual closure of various lock and dams
between mile 493.3 and 615.1, will
preclude any significant navigation
demands for the drawspan openings.
There are no alternate routes for vessels
transiting this section of the Upper
Mississippi River and the bridges
cannot open in case of emergency
during preventative maintenance
operations; the drawbridges would open
if at least 24 hours advance notice is
given. The regulatory text and changes
we are proposing appear at the end of
this document.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget.
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Fmt 4702
Sfmt 4702
This regulatory action determination
is based on the availability for vessels to
transit the bridge provided advanced
notice is given. Moreover, the advanced
notice requirement will be during the
winter months, which is a time of year
when vessel traffic is at its lowest as has
been done in past years utilizing
temporary deviations to provide for the
change in bridge openings.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section IV.A above this
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
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Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
mstockstill on DSK3G9T082PROD with PROPOSALS
F. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
VerDate Sep<11>2014
18:07 Jan 03, 2017
Jkt 241001
review, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this notice,
and all public comments, are in our
online docket at https://
www.regulations.gov and can be viewed
by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
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789
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
■
2. Revise § 117.671 to read as follows:
§ 117.671
Upper Mississippi River.
(a) The draws of all bridges between
Lock and Dam No. 14, mile 493.3, and
Lock and Dam No. 2, mile 815.2, shall
open on signal; except that, from on or
about December 15 through the last day
of February, the draws shall open on
signal if at least 24 hours notice is given.
(b) The draws of all bridges between
Lock and Dam No. 2, mile 815.2 and
Lock and Dam No. 1, mile 847.6, shall
open on signal; except that, from on or
about December 15 through the last day
of February, the draws shall open on
signal if at least 12 hours notice is given.
Dated: December 22, 2016.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. 2016–31893 Filed 1–3–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–1019]
RIN 1625–AA00
Safety Zone; Apra Harbor, Guam
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
revise the existing safety zones currently
in effect at Naval Wharf Kilo in Apra
Outer Harbor, Guam, by adding a 500yard permanent safety zone, hereinafter
referred to as Safety Zone D, to provide
a buffer between the explosives
regularly handled on Naval Wharf Kilo,
and the general public and maritime
operators. The addition of Safety Zone
D would also reduce the frequency of
enforcement of Safety Zones A and B.
This action also eliminates from the
regulation the requirement to post a sign
when Safety Zones A or B are being
SUMMARY:
E:\FR\FM\04JAP1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Proposed Rules]
[Pages 787-789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31893]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0561]
RIN 1625-AA09
Drawbridge Operation Regulation; Upper Mississippi River, IA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the draws of all bridges between Lock and Dam No. 14, mile
493.3, and Lock and Dam No. 10, mile 615.1, on the Upper Mississippi
River by adding a 24-hour notice requirement for openings during the
winter season. This proposed rule would allow the drawbridges to remain
in the closed-to-navigation position for extended periods allowing the
owners of the drawbridges to perform preventive maintenance that is
essential to the safe operation of the drawbridges. This proposed rule
would allow for flexibility in beginning these special operating
schedules each year based on the arrival of winter weather.
DATES: Comments and related material must reach the Coast Guard on or
before March 6, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0561 using Federal eRulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Eric A. Washburn, Bridge Administrator, Western
Rivers, Coast Guard; telephone 314-269-2378, email
Eric.Washburn@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
For 7 years the Coast Guard has issued temporary deviations
requiring 24 hours advance notice to open for the three drawbridges
between Lock and Dam No. 14, mile 493.3, and Lock and Dam No. 10, mile
615.1, on the Upper Mississippi River. The temporary deviations allowed
the bridge owners to perform preventive maintenance during the winter
season when there is less impact on navigation. Most recently, the
temporary deviations for 2015 were published in the Federal Register in
December, 2015 as follows: ``Drawbridge Operation Regulation; Upper
Mississippi River, Clinton, IA'' and ``Drawbridge Operation Regulation;
Upper Mississippi River, Dubuque, IA'' both published on December 4,
2015 (80 FR 75811); and ``Drawbridge Operation Regulation; Upper
Mississippi River,
[[Page 788]]
Sabula IA'' published on December 21, 2015 (80 FR 79260). The local
mariners in this area have complied with these 24-hour advance notice
deviations. Through this rule, under the authority in 33 U.S.C. 499 and
33 CFR 117.8, the Coast Guard is proposing to make these temporary
deviations part of a permanent regulation. The Coast Guard proposes to
do this by including the bridges between Lock and Dam No. 14 and Lock
and Dam No. 10 in the regulation for specific requirements under 33 CFR
117.671(a), allowing the bridges to open on signal if at least 24 hours
advance notice is given between on/or about December 15 through the
last day of February each year. Through the same authorities, this rule
proposes an amendment to 117.671(a) and (b) to change the beginning
date for the special operating schedules for all drawbridges listed
under this regulation.
The purpose of this proposed rulemaking is to eliminate the need
for bridge owners to request a temporary deviation each year for the
winter season in order to perform preventative maintenance that is
essential to the safe operation for the drawbridges. Additionally, the
proposed date change would allow flexibility in when to begin the
special operating schedules each year based on the arrival of winter
weather.
There are three bridges affected by this proposed change. The
Clinton Railroad Drawbridge, mile 518.0, at Clinton, IA, provides a
vertical clearance of 18.7 feet above normal pool in the closed-to-
navigation position, the Sabula Railroad Drawbridge, mile 535.0, at
Sabula, IA, provides a vertical clearance of 18.1 feet above normal
pool in the closed-to-navigation position, and the Illinois Central
Railroad Drawbridge, mile 579.9, at Dubuque, IA, provides a vertical
clearance of 19.9 feet above normal pool in the closed-to-navigation
position. Navigation on the waterway consists primarily of commercial
tows and recreational watercraft and will not be significantly
impacted.
III. Discussion of Proposed Rule
This proposed rulemaking would change the operating schedule for
three bridges by amending the regulations governing the Upper
Mississippi River drawbridge operating requirements under 33 CFR
117.671(a) to include these bridges. Currently, this special operating
schedule applies to the draws of all bridges on the Upper Mississippi
River from Lock and Dam No. 10, mile 615.1 to Lock and Dam No. 2, mile
815.2. As proposed, the special operating schedule would be amended to
include the draws of three additional bridges located between Lock and
Dam No. 14, mile 493.3 to Lock and Dam No. 10, mile 615.1. This
proposed rule would also change the language of 117.671(a) and (b) to
begin the special operating schedules on or about December 15 each year
instead of on December 15 each year. A notice of enforcement would be
issued each year indicating the start date for the special operating
schedule. The bridges that would be included in this amended special
local regulation are the Clinton Railroad Drawbridge, mile 518.0, at
Clinton, IA, the Sabula Railroad Drawbridge, mile 535.0, at Sabula, IA,
and the Illinois Central Railroad Drawbridge, mile 579.9, at Dubuque,
IA. Currently these bridges open on signal. This change would require
the bridges to open on signal if at least 24 hours advance notice is
given beginning on or about December 15 and lasting through the last
day of February each year.
Winter conditions, such as ice on the Upper Mississippi River,
coupled with annual closure of various lock and dams between mile 493.3
and 615.1, will preclude any significant navigation demands for the
drawspan openings. There are no alternate routes for vessels transiting
this section of the Upper Mississippi River and the bridges cannot open
in case of emergency during preventative maintenance operations; the
drawbridges would open if at least 24 hours advance notice is given.
The regulatory text and changes we are proposing appear at the end of
this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the availability
for vessels to transit the bridge provided advanced notice is given.
Moreover, the advanced notice requirement will be during the winter
months, which is a time of year when vessel traffic is at its lowest as
has been done in past years utilizing temporary deviations to provide
for the change in bridge openings.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section IV.A above this proposed rule would not have
a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
[[Page 789]]
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
Normally such actions are categorically excluded from further review,
under figure 2-1, paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this notice, and all public comments, are in
our online docket at https://www.regulations.gov and can be viewed by
following that Web site's instructions. Additionally, if you go to the
online docket and sign up for email alerts, you will be notified when
comments are posted or a final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.671 to read as follows:
Sec. 117.671 Upper Mississippi River.
(a) The draws of all bridges between Lock and Dam No. 14, mile
493.3, and Lock and Dam No. 2, mile 815.2, shall open on signal; except
that, from on or about December 15 through the last day of February,
the draws shall open on signal if at least 24 hours notice is given.
(b) The draws of all bridges between Lock and Dam No. 2, mile 815.2
and Lock and Dam No. 1, mile 847.6, shall open on signal; except that,
from on or about December 15 through the last day of February, the
draws shall open on signal if at least 12 hours notice is given.
Dated: December 22, 2016.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2016-31893 Filed 1-3-17; 8:45 am]
BILLING CODE 9110-04-P
