Drawbridge Operation Regulation; Illinois Waterway, Pearl, IL, 70090-70092 [2019-27176]
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jbell on DSKJLSW7X2PROD with PROPOSALS
70090
Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Proposed Rules
have been made since the current
regulations were adopted, particularly
with respect to tax-exempt organizations
required to file an annual Form 990 or
990–EZ information return.
DATES: The public hearing is being held
on Friday, February 7, 2020, at 10:00
a.m. The IRS must receive speakers’
outlines of the topics to be discussed at
the public hearing by Friday, January
17, 2020. If no outlines are received by
January 17, 2020, the public hearing
will be cancelled.
ADDRESSES: The public hearing is being
held in the IRS Auditorium, Internal
Revenue Service Building, 1111
Constitution Avenue NW, Washington,
DC 20224. Due to building security
procedures, visitors must enter at the
Constitution Avenue entrance. In
addition, all visitors must present a
valid photo identification to enter the
building.
Send Submissions to CC:PA:LPD:PR
(REG–102508–16), Room 5205, Internal
Revenue Service, P.O. Box 7604, Ben
Franklin Station, Washington, DC
20044. Submissions may be handdelivered Monday through Friday to
CC:PA:LPD:PR (REG–102508–16),
Couriers Desk, Internal Revenue
Service, 1111 Constitution Avenue NW,
Washington, DC 20224 or sent
electronically via the Federal
eRulemaking Portal at
www.regulations.gov (IRS REG–102508–
16).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Office of the Associate Chief Counsel
(Employee Benefits, Exempt
Organizations, and Employment Taxes)
at (202) 317–3150; concerning
submissions of comments, the hearing
and/or to be placed on the building
access list to attend the hearing, Regina
Johnson at (202) 317–6901 (not toll-free
numbers) or fdms.database@
irscounsel.treas.gov.
SUPPLEMENTARY INFORMATION: The
subject of the public hearing is the
notice of proposed rulemaking (REG–
102508–16) that was published in the
Federal Register on Tuesday, September
10, 2019 (84 FR 47447).
The rules of 26 CFR 601.601(a)(3)
apply to the hearing. Persons who wish
to present oral comments at the hearing
that submitted written comments by
December 9, 2019, must submit an
outline of the topics to be addressed and
the amount of time to be devoted to
each topic by Friday, January 17, 2020.
A period of 10 minutes is allotted to
each person for presenting oral
comments. After the deadline for
receiving outlines has passed, the IRS
will prepare an agenda containing the
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schedule of speakers. Copies of the
agenda will be made available, free of
charge, at the hearing or by contacting
the Publications and Regulations Branch
at (202) 317–6901 (not a toll-free
number).
Because of access restrictions, the IRS
will not admit visitors beyond the
immediate entrance area more than 30
minutes before the hearing starts. For
information about having your name
placed on the building access list to
attend the hearing, see the FOR FURTHER
INFORMATION CONTACT section of this
document.
(314) 269–2378, email Eric.Washburn@
uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
33 CFR Part 117
On March 09, 2019, Kansas City
Southern requested approval to operate
the Kansas City Southern Railroad
Drawbridge remotely. A subsequent
Coast Guard Remote Operations Case
Report found no objections to the
change from local waterway users, and
recommended the change be forwarded
for District Commander approval in
accordance with 33 CFR 117.42.
The purpose of this rulemaking is to
improve safety and operations for river
and rail traffic as well as the workers
who conduct the operations and
improve the bridge operating efficiency.
[Docket No. USCG–2019–0687]
III. Discussion of Proposed Rule
RIN 1625–AA09
The Coast Guard is proposing to
establish remote operating procedures
for the Kansas City Southern Railroad
Drawbridge across the Illinois Waterway
at Mile 43.2 near Pearl, Illinois in 33
CFR 117.393. The draw span is
currently maintained in the fully open
position and train operators close the
draw span to allow trains to pass. This
proposed rule would establish a method
of remote operation and communication
between vessels and bridge closure
personnel that would improve the flow
of marine traffic, and enhance safety by
leveraging remote sensing units to
prevent unexpected closures.
Crystal Pemberton,
Senior Federal Register Liaison, Publications
and Regulations Branch, Legal Processing
Division, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2019–27440 Filed 12–19–19; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Drawbridge Operation Regulation;
Illinois Waterway, Pearl, IL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
to modify operations for the Kansas City
Southern Railroad Drawbridge across
the Illinois Waterway at Mile 43.2 near
Pearl, Illinois by designating it as a
remotely operated drawbridge. This
proposed action is intended to maintain
navigational safety while increasing
operational efficiency of the Kansas City
Southern Railroad Drawbridge. We
invite your comments on this proposed
rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
February 18, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0687 using Federal e-Rulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
If
you have questions on this proposed
rule, call or email Mr. Eric Washburn,
Bridge Administrator, Western Rivers,
FOR FURTHER INFORMATION CONTACT:
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IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
E:\FR\FM\20DEP1.SGM
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Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Proposed Rules
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the location and effect of the
rule. The proposed change to bridge
operations will shift the bridge control
point from an on-scene operator to a
remotely located operator, but result in
no change or increase in requirements
for vessels seeking to navigate past the
bridge.
jbell on DSKJLSW7X2PROD with PROPOSALS
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.
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C. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this proposed rule under that
Order and have determined that it is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, this proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, U.S.
Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and
U.S. Coast Guard Environmental
Planning Implementation Procedures
(series) which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f). We have made a
preliminary determination that this
action is one of a category of actions that
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70091
do not individually or cumulatively
have a significant effect on the human
environment. This proposed rule
promulgates the operating regulations or
procedures for drawbridges. Normally
this action is categorically excluded
from further review, under paragraph
L49, of Chapter 3, Table 3–1 of the U.S.
Coast Guard Environmental Planning
Implementation Procedures 5090.1. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at 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, visit https://
www.regulations.gov/privacynotice.
Documents mentioned in this NPRM
as being available in this docket and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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Federal Register / Vol. 84, No. 245 / Friday, December 20, 2019 / Proposed Rules
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;
DHS Delegation No. 0170.1.
§ 117.393
Illinois Waterway.
2. Amend § 117.393 by adding
paragraph (e) to read as follows:
*
*
*
*
*
(e) The draw span of the Kansas City
Southern Railroad Drawbridge, mile
43.2, at Pearl, Illinois, is operated by
remote operator located in Kansas City,
Missouri as follows:
(1) The draw is normally maintained
in the fully open position, displaying
green center span navigation lights to
indicate the draw span is fully open.
(2) When rail traffic approaches the
bridge, the remote operator located in
Kansas City, Missouri, will scan the
river for vessel traffic via video cameras
mounted near and under the bridge.
Once the remote operator has visually
verified no vessel traffic is present, they
will announce on VHF–FM Channel 16
the draw span will be lowering for rail
traffic.
(3) If a vessel is approaching the
bridge, the draw will remain open. The
vessel shall contact the train operator on
VHF–FM channel 16 or 14 and the
remote operator shall keep the draw in
the fully open position until the vessel
has cleared the bridge.
(4) If no vessels are observed, the
remote operator initiates a five minute
warning period on VHF–FM radio
channel 16 before closing the bridge.
The remote operator will broadcast the
following message: ‘‘The Kansas City
Southern Railroad Bridge at Mile 43.2,
Illinois River, will close to navigation in
five minutes.’’ The announcement is
repeated every minute counting down
the time remaining until closure.
(5) At the end of the five minute
warning period, and no vessels are
approaching the bridge, the remote
operator shall sound the siren for 30
seconds, activate the alternate flashing
red light on top of the draw, then lower
and lock the draw in place. Red lights
continue to flash to indicate the draw is
closed to navigation.
(6) During the lowering process a boat
detection system will monitor
immediately upstream, downstream,
and under the bridge, if a vessel enters
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the detection area, the lowering will
cease and the remote operator will be
immediately notified that an obstruction
is present.
(7) After rail traffic has cleared the
bridge, the remote operator will raise
the draw span back to the fully open to
navigation position, lock the draw span
in place, stop the red flashing lights,
and ensure the draw lights are changed
from red to green.
(8) Once fully reopened, an automated
verbal announcement will be made via
VHF–FM Channel 16 indicating the
bridge is again open to vessel traffic.
Mariners may contact the remote
operator via radiotelephone on VHF–FM
Channel 14, or by standard telephone
calling 1 (800) 892–6295.
Dated: December 10, 2019.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Eighth Coast
Guard District Commander.
[FR Doc. 2019–27176 Filed 12–19–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 51 and 52
[EPA–HQ–OAR–2019–0435; FRL–10002–77–
OAR]
RIN 2060–AU46
Error Corrections to New Source
Review Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) proposes to
revise several New Source Review
(NSR) regulations by making the
following types of corrections: Correct
typographical and grammatical errors,
remove court vacated rule language,
remove or update outdated or incorrect
cross references, conform certain
provisions to changes contained in the
1990 Clean Air Act (CAA or Act)
Amendments, and remove certain
outdated exemptions (grandfathering/
transitional).
SUMMARY:
DATES:
Comments. Comments must be
received on or before January 21, 2020.
Public Hearing: If anyone contacts us
requesting to speak at a public hearing
by January 6, 2020, we will hold a
public hearing. Additional information
about the hearing will be published in
a subsequent Federal Register notice.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID No.
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
EPA–HQ–OAR–2019–0435, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (e.g., on the Web, Cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets. Certain other
material, such as copyrighted material,
will not be placed on the internet but
may be viewed, with prior arrangement,
at the EPA Docket Center. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Air and Radiation Docket and
Information Center, EPA/DC, EPA
William Jefferson Clinton West
Building, Room 3334, 1301 Constitution
Avenue 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 and Information
Center is (202) 566–1742. For additional
information about the EPA’s public
docket, visit the EPA Docket Center
homepage at: https://www.epa.gov/
epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: For
general questions about this document,
please contact Mr. Ben Garwood, New
Source Review Group, Air Quality
Policy Division, Office of Air Quality
Planning and Standards (C504–03),
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number (919) 541–
1358; fax number (919) 541–4028; email
address: garwood.ben@epa.gov. To
request a public hearing, contact Ms.
Pamela Long, U.S. EPA, Office of Air
Quality Planning and Standards, Air
Quality Policy Division (C504–01),
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]]>Agencies
[Federal Register Volume 84, Number 245 (Friday, December 20, 2019)]
[Proposed Rules]
[Pages 70090-70092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27176]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0687]
RIN 1625-AA09
Drawbridge Operation Regulation; Illinois Waterway, Pearl, IL
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to modify operations for the
Kansas City Southern Railroad Drawbridge across the Illinois Waterway
at Mile 43.2 near Pearl, Illinois by designating it as a remotely
operated drawbridge. This proposed action is intended to maintain
navigational safety while increasing operational efficiency of the
Kansas City Southern Railroad Drawbridge. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before February 18, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0687 using Federal e-Rulemaking Portal at 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 Mr. Eric Washburn, Bridge Administrator, Western
Rivers, (314) 269-2378, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
On March 09, 2019, Kansas City Southern requested approval to
operate the Kansas City Southern Railroad Drawbridge remotely. A
subsequent Coast Guard Remote Operations Case Report found no
objections to the change from local waterway users, and recommended the
change be forwarded for District Commander approval in accordance with
33 CFR 117.42.
The purpose of this rulemaking is to improve safety and operations
for river and rail traffic as well as the workers who conduct the
operations and improve the bridge operating efficiency.
III. Discussion of Proposed Rule
The Coast Guard is proposing to establish remote operating
procedures for the Kansas City Southern Railroad Drawbridge across the
Illinois Waterway at Mile 43.2 near Pearl, Illinois in 33 CFR 117.393.
The draw span is currently maintained in the fully open position and
train operators close the draw span to allow trains to pass. This
proposed rule would establish a method of remote operation and
communication between vessels and bridge closure personnel that would
improve the flow of marine traffic, and enhance safety by leveraging
remote sensing units to prevent unexpected closures.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not
[[Page 70091]]
been designated a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, the NPRM has not been reviewed by the Office
of Management and Budget (OMB) and pursuant to OMB guidance it is
exempt from the requirements of Executive Order 13771.
This regulatory action determination is based on the location and
effect of the rule. The proposed change to bridge operations will shift
the bridge control point from an on-scene operator to a remotely
located operator, but result in no change or increase in requirements
for vessels seeking to navigate past the bridge.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, U.S. Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental
Planning Implementation Procedures (series) which guide the Coast Guard
in complying with the National Environmental Policy Act of 1969 (42
U.S.C. 4321-4370f). We have made a preliminary determination that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
proposed rule promulgates the operating regulations or procedures for
drawbridges. Normally this action is categorically excluded from
further review, under paragraph L49, of Chapter 3, Table 3-1 of the
U.S. Coast Guard Environmental Planning Implementation Procedures
5090.1. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
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[[Page 70092]]
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1.
Sec. 117.393 Illinois Waterway.
0
2. Amend Sec. 117.393 by adding paragraph (e) to read as follows:
* * * * *
(e) The draw span of the Kansas City Southern Railroad Drawbridge,
mile 43.2, at Pearl, Illinois, is operated by remote operator located
in Kansas City, Missouri as follows:
(1) The draw is normally maintained in the fully open position,
displaying green center span navigation lights to indicate the draw
span is fully open.
(2) When rail traffic approaches the bridge, the remote operator
located in Kansas City, Missouri, will scan the river for vessel
traffic via video cameras mounted near and under the bridge. Once the
remote operator has visually verified no vessel traffic is present,
they will announce on VHF-FM Channel 16 the draw span will be lowering
for rail traffic.
(3) If a vessel is approaching the bridge, the draw will remain
open. The vessel shall contact the train operator on VHF-FM channel 16
or 14 and the remote operator shall keep the draw in the fully open
position until the vessel has cleared the bridge.
(4) If no vessels are observed, the remote operator initiates a
five minute warning period on VHF-FM radio channel 16 before closing
the bridge. The remote operator will broadcast the following message:
``The Kansas City Southern Railroad Bridge at Mile 43.2, Illinois
River, will close to navigation in five minutes.'' The announcement is
repeated every minute counting down the time remaining until closure.
(5) At the end of the five minute warning period, and no vessels
are approaching the bridge, the remote operator shall sound the siren
for 30 seconds, activate the alternate flashing red light on top of the
draw, then lower and lock the draw in place. Red lights continue to
flash to indicate the draw is closed to navigation.
(6) During the lowering process a boat detection system will
monitor immediately upstream, downstream, and under the bridge, if a
vessel enters the detection area, the lowering will cease and the
remote operator will be immediately notified that an obstruction is
present.
(7) After rail traffic has cleared the bridge, the remote operator
will raise the draw span back to the fully open to navigation position,
lock the draw span in place, stop the red flashing lights, and ensure
the draw lights are changed from red to green.
(8) Once fully reopened, an automated verbal announcement will be
made via VHF-FM Channel 16 indicating the bridge is again open to
vessel traffic. Mariners may contact the remote operator via
radiotelephone on VHF-FM Channel 14, or by standard telephone calling 1
(800) 892-6295.
Dated: December 10, 2019.
John P. Nadeau,
Rear Admiral, U.S. Coast Guard, Eighth Coast Guard District Commander.
[FR Doc. 2019-27176 Filed 12-19-19; 8:45 am]
BILLING CODE 9110-04-P
