[Federal Register Volume 63, Number 223 (Thursday, November 19, 1998)]
[Rules and Regulations]
[Pages 64187-64188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30958]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CCGD08-98-068]
RIN 2115-AE47


Drawbridge Operating Regulation; Mississippi River, Iowa and 
Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Commander, Eighth Coast Guard District is temporarily 
changing the regulation governing the Clinton Railroad Drawbridge, Mile 
518.0, Upper Mississippi River. The drawbridge will require twenty-four 
hours advance notice for openings from 21 December 1998 to 1 March 
1999. This temporary rule is issued to allow bridge maintenance during 
winter conditions when closures of Army Corps of Engineers' locks 
upstream and downstream from the bridge preclude normal waterway 
traffic.

DATES: This temporary rule is effective from 12:01 a.m. on December 21, 
1998 until 12:01 a.m. on March 1, 1999.

ADDRESSES: The public docket and all documents referred to in this 
notice will be available for inspection and copying at room 2.107f in 
the Robert A. Young Federal Building at Director, Western Rivers, 
Operations (ob), Eighth Coast Guard District, 1222 Spruce Street, St. 
Louis, MO 63103-2832, between 7 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Roger K. Weibusch, Bridge Administrator; Director, Western Rivers 
Operations, Eighth Coast Guard District, Bridge Branch, 1222 Spruce 
Street, St. Louis, MO 63103-2832, telephone number 314-539-3900, 
extension 378.

SUPPLEMENTARY INFORMATION: 

Background

    On October 3, 1998, the Union Pacific Railroad Company requested a 
temporary change to the operation of the Clinton Railroad swing bridge 
across the Upper Mississippi River, Mile 518.0 at Clinton, Iowa. Union 
Pacific Railroad Company requested that navigation temporarily provide 
twenty-four hours advance notice for bridge operation to facilitate 
required bridge maintenance, between December 21, 1998 and March 1, 
1999, when icing conditions and Army Corps of Engineers' lock closures 
preclude normal river traffic.
    In accordance with 5 U.S.C. 533, a notice of proposed rulemaking 
has not been published and good cause exists

[[Page 64188]]

for making this rule effective in less than 30 days from publication 
since the details of the operation were not known until late October 
1998. Thus, following normal rule making procedures would be 
impractical. Delaying implementation of the regulation will adversely 
impact navigation and would result in unnecessary additional operating 
costs to the bridge owner.

Discussion of Temporary Rule

    The Clinton Railroad Drawbridge swingspan has a vertical clearance 
of 18.7 feet above normal pool in the closed to navigation position. 
Navigation on the waterway consists primarily of commercial tows and 
recreational watercraft. Presently, the draw opens on signal for 
passage of river traffic. This temporary drawbridge operation amendment 
has been coordinated with the commercial waterway operators who do not 
object. Winter conditions on the Upper Mississippi River, coupled with 
the closure of Corps of Engineers' locks 11, 12, 19 and 20 until March 
of 1999, will result in a significant decrease in vessel traffic and 
therefore substantially reduce the demand for bridge openings.
    The Clinton Railroad Drawbridge, Mile 518.0 Upper Mississippi 
River, is located downstream from Lock 12 and upstream from Lock 19. 
Performing maintenance on this bridge during the winter is preferred by 
both waterway users and bridge owners since very few vessels, if any, 
are impacted during this timeframe. If this maintenance were performed 
during the commercial navigation season, there would be a significant 
number of delays to vessel traffic caused by the prolonged bridge 
closures. Additionally, vessel traffic would be burdened with a 24-
hour-advance notification requirement during the heavily transited 
commercial navigation season.

Regulatory Evaluation

    This temporary rule is not a significant regulatory action under 
section 3(f) of 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 temporary rule 
to be so minimal that a full Regulatory Evaluation under paragraph 
10(e) of the regulatory policies and procedures of DOT is unnecessary. 
This is because river traffic will be virtually nonexistent as a result 
of planned lock closures and ice accumulations during the maintenance 
period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this temporary rule will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' may include small businesses and 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.
    Because it expects the impact of this action to be minimal, the 
Coast Guard certifies under 5 U.S.C. 605(b), that this action will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

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

Federalism

    The Coast Guard has analyzed this temporary rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this temporary rule does not raise sufficient 
implications of federalism to warrant the preparation of a Federalism 
Assessment. The authority to regulate the permits of bridges over the 
navigable waters of the U.S. belongs to the Coast Guard by Federal 
statutes.

Environmental

    The Coast Guard considered the environmental impact of this 
temporary rule and concluded that under Figure 2-1, paragraph 32(a) of 
Commandant Instruction M16475.1C, this temporary rule is categorically 
excluded from further environmental documentation. 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.

    For the reasons set out in the preamble, the Coast Guard is 
amending Part 117 of Title 33, Code of Federal Regulations, 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; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Effective 12:01 a.m. on December 21, 1998, through 12:01 a.m. on 
March 1, 1999, Sec. 117.T408 is added to read as follows:


Sec. 117.T408  Upper Mississippi River.

    Clinton Railroad Drawbridge Mile 518.0 Upper Mississippi River. 
From 12:01 a.m. on December 21, 1998 through 12:01 a.m. on March 1, 
1999, the drawspan requires twenty-four hours advance notice for bridge 
operation. Bridge opening requests must be made 24 hours in advance by 
calling the Clinton Yardmaster's office at 319-244-3204 anytime; 319-
244-3269 weekdays between 7 a.m. and 3:30 p.m.; or page Mr. Darrell 
Lott and 800-443-7243, PIN#009096.

    Dated: November 6, 1998.
A.L. Gerfin, Jr.
Captain, U.S. Coast Guard Commander, 8th Coast Guard Dist. Acting.
[FR Doc. 98-30958 Filed 11-18-98; 8:45 am]
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