[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Proposed Rules]
[Pages 45980-45982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23218]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 177

[CCGD8-98-020]
RIN 2115-AE47


Drawbridge Operation Regulations for the Missouri River

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the regulations governing 
the operation of the drawbridges across the Missouri River in the 
States of Missouri, Iowa, Kansas, and Nebraska. The revisions would 
enable the Coast Guard to coordinate drawbridge operation schedules for 
these bridges during the winter season with the Army Corps of 
Engineers' support of commercial navigation on the Missouri River.

DATES: Comments must reach the Coast Guard on or before October 27, 
1998.

ADDRESSES: You may mail comments to Director, Western Rivers Operations 
(ob) (DWRO ob), Eighth Coast Guard District, 1222 Spruce Street, St. 
Louis, MO 63103, or deliver them to room 2.107F at the same address 
between 8 a.m. and 4 p.m. Monday through Friday, except Federal 
Holidays.

FOR FURTHER INFORMATION CONTACT:
Roger K. Wiebusch, Bridge Administrator, Eighth Coast Guard District, 
314-539-3900, Ext. 378.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD8-98-020) and the specific section of this 
proposal to which the comment applies, and give the reason for each 
comment. Please submit two copies of all comments and attachments in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. Persons wanting acknowledgment of 
receipt of comments should enclose stamped, self-addressed postcards or 
envelopes.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposed rule in view of the 
comments.
    The Coast Guard plans no public hearing. Individuals may request a 
public hearing by writing to the DRWO (ob) at the address under 
ADDRESSES. The request should include the reasons why a hearing would 
be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The Missouri River is a free flowing river traversing several 
states before it joins the Mississippi River 15.3 miles north of St. 
Louis, Missouri. The Army Corps of Engineers (ACOE), Missouri River 
Region manipulates the river's depth by releasing water from upstream 
reservoirs in accordance with an established plan that provides for a 
nine-foot channel between the head of navigation at Sioux City, Iowa 
and the mouth of the river.
    Historically the ACOE planned for a commercial navigation season 
between late March to late November at Sioux City, Iowa and from April 
1 to December 1 at the mouth of the river. This timeframe also 
coincided with the dates that the Coast Guard maintained floating aids 
to navigation. Additionally, as per 33 CFR 117, drawbridge owners were 
required to staff their bridges full time in order to open these 
bridges on demand. Once the commercial navigation season ended, the on-
demand-opening requirement shifted to a 24-hour notice requirement for 
those vessels that required the opening of a drawbridge. In the last 
decade, the ACOE has adopted a more flexible approach to managing water 
levels on the Missouri River.
    The ACOE's existing commercial-navigation support plan is derived 
from the water levels in the Missouri River drainage basin reservoir 
system, which, in turn, is linked to prevailing and anticipated weather 
conditions. If there is an unusually wet summer or fall, the ACOE may 
opt to extend the navigation season in order to release more water from 
the reservoirs. This allows the ACOE to better manage flood conditions 
that may threaten the Missouri River drainage basin during the spring. 
On the same token, the ACOE must not allow too much water in the river 
during the winter so as to prevent flooding from ice jams. This flow 
manipulation has the effect of either extending or reducing the 
commercial navigation season.
    The ACOE, Missouri River Region, advises the public of the changes 
to the navigation season in a variety of ways, including, but not 
limited to: publication of an Annual Operating Plan for the Missouri 
River; public meetings to discuss planned flow manipulations; several 
news releases throughout the year detailing reservoir-runoff statistics 
and forecasts; and an internet web site that continually updates 
Missouri River stage trends and other flow information. The ACOE also 
works closely with other federal and state agencies to coordinate the 
dissemination of information relating to the closing and opening of the 
full service flow. The extensive amount of information disseminated by 
the ACOE ensures that the public is apprised of the opening and closing 
of the commercial navigation season on the Missouri River.
    In order to accommodate vessels during the winter season's low-
water period, the Missouri River drawbridge operation regulations 
contained in 33 CFR 117.411(a) and 117.687(a) require that drawbridges 
on this waterway shall open on signal; except that, from December 16 
through the last day of February, the draws shall open on signal if at 
least 24 hours notice is given. Additionally, 33 CFR 117.691 requires 
that the draw of the Illinois Central Gulf railroad bridge located on 
the Missouri River shall open on signal; except that, from December 1 
through the last day of February, the draw shall open on signal if at 
least 24 hours notice is given. These regulations reflect the actual 
dates that the ACOE had manipulated the water level on the Missouri 
River; however, during the past ten years, the ACOE has adopted a more 
flexible water-management regime.
    Although the ACOE has adopted a less rigid commercial navigation 
season that is no longer directly linked to a given date, drawbridge 
owners are still required by 33 CFR Part 117 to open their bridges on 
demand commencing 1 March--regardless of the water level on the 
Missouri River. This requires drawbridge owners to staff their bridges 
full time despite the fact that the commercial navigation season is not 
in effect. This has resulted in a situation where the current bridge 
regulations governing on-demand openings for the Missouri River spans 
are not aligned with the ACOE's existing commercial navigation season.
    The purpose of this proposed rule is to bring the drawbridge 
operating

[[Page 45981]]

regulations back in synch with the commercial navigation season. This 
would be accomplished by tying the drawbridge on-demand-opening 
requirement to the ACOE's restoration of navigational flows to the 
Missouri River.

Discussion of Proposed Rules

    There are seven drawbridges that cross the Missouri River. These 
bridges span the Missouri River in the states of Missouri, Iowa, 
Kansas, and Nebraska. Under the existing rules in 33 CFR 117.411(a), 
117.678(a) and 117.691, the draws are required to open on demand except 
that during the winter season--from December 1 through the last day of 
February for the Illinois Central Gulf railroad bridge in Omaha, 
Nebraska and from December 16 through the last day of February for all 
other bridges--draws need not open for vessel traffic except upon 24 
hours advance notice. The proposed rule would abandon the use of these 
fixed dates for determining when the draws must open on demand. 
Instead, the requirement to open on demand would be tied to the opening 
and closure of the commercial navigation season as announced by the 
ACOE.
    As discussed above, the ACOE manages the flow of the Missouri to 
maintain adequate water levels during the commercial navigation season 
and has adopted a flexible approach that considers numerous factors in 
determining when to begin and when to terminate the commercial 
navigation season in any given year. Although there is some vessel 
traffic outside of the ACOE commercial navigation season, that traffic 
is limited a bridge passage with 24-hour advance notice meets the 
reasonable needs of navigation. During the winter season, bridge owners 
can relax staffing requirements since vessels are required to give 24-
hour notice before passage.
    The original intent of the existing rules was to link the on-
demand-opening requirement with the commercial navigation season. With 
the ACOE's flexible approach, the fixed dates in the existing rules no 
longer accurately reflect the opening and closure of the commercial 
navigation season. As a result, bridge owners must staff their bridges 
to open on demand on March 1 even if the ACOE has not yet opened the 
commercial navigation season. Similarly, bridge owners must continue to 
staff their bridges to open on demand until December 16 (December 1 for 
the Illinois Central Gulf railroad bridge in Omaha) even after the ACOE 
has closed the commercial navigation season. This disconnect between 
the existing rules and the ACOE's commercial navigation season 
management practices creates confusion and inefficiency. The proposed 
rules will align the drawbridge regulations with the commercial 
navigation season and allow bridge owners to more efficiently manage 
their operations at the beginning and end of the commercial navigation 
season.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of the Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has not been reviewed by the Office of Management and 
Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979). The Coast Guard expects the economic 
impact of this proposal to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary.
    Although for more than 25 years bridges on the Missouri river have 
operated on a 24-hour notice schedule during the winter season, the 
dates currently published in 33 CFR Part 117 no longer coincide with 
the winter season dates that the ACOE uses for flow-management 
purposes. The proposed rule will result in the requirement for bridge 
owners to open their spans on demand only during the commercial 
navigation season. The winter season is not being extended or shortened 
in any measurable manner and so the impact is simply a shift in time of 
its occurrence rather than an increase or decrease in the amount of 
burden. Vessels will still have the ability to navigate the Missouri 
River during the flow-reduction period and bridge owners will save 
money by not staffing their draws full time in order to open their 
spans on demand during this same time frame.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. Small entities include 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. Since the winter season generally 
corresponds with the existing dates listed in the regulation, there 
will be little, if any, impact on small entities. Therefore, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities. If, however, you think that your business or 
organization qualifies as a small entity and that this proposed rule 
will have a significant impact on your business or organization, please 
submit a comment (see ADDRESSES) explaining why you think it qualifies 
and in what way and to what degree this proposed rule will economically 
affect it.

Collection of Information

    This proposed rule does not provide for a collection of information 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed rule does not have sufficient 
implications for federalism to warrant the preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that under Figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.1C, this proposed rule is categorically 
excluded from further environmental documentation. This proposed rule 
merely alters the time frame when the drawbridges on the Missouri River 
are required to open on demand. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    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; 49 CFR 1.46; CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.411(a) is revised to read as follows:

[[Page 45982]]

Sec. 117.411  Missouri River.

    (a) The draws of the bridges across the Missouri River from the 
mouth to Sioux City, Iowa, shall open on signal; except during the 
winter season between the date of closure and date of opening of the 
commercial navigation season as published by the Army Corps of 
Engineers, the draw need not open unless at least 24 hours advance 
notice is given.
* * * * *
    3. Section 117.687(a) is revised to read as follows:


Sec. 117.687  Missouri River.

    (a) The draws of the bridges across the Missouri River from the 
mouth to St. Joseph shall open on signal; except during the winter 
season between the date of closure and date of opening of the 
commercial navigation season as published by the Army Corps of 
Engineers, the draw need not open unless at least 24 hours advance 
notice is given.
* * * * *
    4. Section 117.691 is revised to read as follows:


Sec. 117.691  Missouri River.

    The draw of the Illinois Central Gulf railroad bridge, mile 618.3, 
at Omaha, shall open on signal; except during the winter season between 
the date of closure and date of opening of the commercial navigation 
season as published by the Army Corps of Engineers, the draw need not 
open unless at least 24 hours advance notice is given.

    Dated: August 20, 1998.
Paul J. Pluta,
RADM, USCG, Commander, Eighth Coast Guard District.
[FR Doc. 98-23218 Filed 8-27-98; 8:45 am]
BILLING CODE 4910-15-M