[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72189-72190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34631]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD 08-98-077]
RIN 2115-AE47
Temporary Drawbridge Regulations; Mississippi River, Iowa and
Illinois
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is temporarily adding a drawbridge operation
regulation governing the Rock Island Railroad and Highway Drawbridge,
Mile 482.9, Upper Mississippi River. The drawbridge will remain closed
to navigation from 8 a.m. on December 28, 1998 until 8 a.m. March 1,
1999. This closure is necessary to perform annual maintenance and
repair work on the bridge. Winter conditions and Corps of Engineers'
lock closures upstream and downstream from the bridge preclude normal
waterway traffic.
DATES: This temporary rule is effective from 8 a.m. on December 28,
1998 until 8 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. Wiebusch, Bridge Administrator; Director, Western Rivers
Operations, Eighth Coast Guard District, Bridge Branch, 1222 Spruce
Street, St. Louis, MO 63103-2832, telephone 314-539-3900 extension 378.
SUPPLEMENTARY INFORMATION: On November 16, 1998, Department of Army,
Rock Island District, Corps of Engineers, requested a temporary change
to the operation of the Rock Island Railroad and Highway Drawbridge
across the Upper Mississippi River, Mile 482.9 at Rock Island,
Illinois. The Corps requested that the bridge be temporarily closed to
navigation between December 28, 1998 and March 1, 1999 in order to
perform necessary maintenance and bridge repair activities.
In accordance with 5 U.S.C. 533, a notice of proposed rulemaking
has not been published and good cause exists for making this rule
effective in less than 30 days from publication. Following normal
rulemaking procedures would be impractical. Delaying implementation of
the regulation will not benefit navigation and would result in
unnecessary delays in repairing the bridge.
Discussion of Regulation
The Rock Island Railroad and Highway Drawbridge has a vertical
clearance of 23.8 feet above normal pool in the closed to navigation
position. Navigation on the waterway consists 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' Locks No. 11, 12, 19, 20, 24, 25 until 1 March
1999, will preclude any significant navigation demands for drawspan
openings. The Rock Island Railroad & Highway Drawbridge is located
downstream of Lock 12 and upstream of Lock 19. Performing maintenance
on the bridge during the winter when no vessels are impacted is
preferred to bridge closures or advance notification requirements
during the 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 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 the
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e is unnecessary. This is because river traffic will be extremely
limited by lock closures and ice during the period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 6012 et seq.), the
Coast Guard was required to consider whether this action will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and (2) 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
[[Page 72190]]
will not have economic impact on a substantial number of small
entities.
Collection of Information
This action contains no collection-of-information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the final rule does not raise sufficient federalism concern to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
This temporary rule has been thoroughly reviewed by the Coast Guard
and determined to be categorically excluded from further environmental
documentation in accordance with section 2.B.2, Figure 2-1, (32), (a)
of the National Environmental Policy Act Implementing Procedures,
Commandant Instruction M16475.1C.
List of Subjects in 33 CFR Part 117
Bridges.
Temporary Regulation
In consideration of the foregoing, Part 117 of Title 33, Code of
Federal Regulations, is amended as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. Sec. 499; 49 CFR 1.46; 33 CFR 1.05-1(g);
section 117.225 also issued under the authority of Pub. L. 102-587,
106 Stat. 5039.
2. Effective 8 a.m. on December 28, 1998, through 8 a.m. on March
1, 1999, Sec. 117.5-T-08-077 is added to read as follows:
Sec. 117.5-T-08-077 Upper Mississippi River.
Rock Island Railroad & Highway Drawbridge, Mile 482.9, Upper
Mississippi River. From 8 a.m. on December 28, 1998, through 8 a.m. on
March 1, 1999, the drawspan may be maintained in the closed to
navigation position and need not open for vessel traffic.
Dated: December 16, 1998.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 98-34631 Filed 12-30-98; 8:45 am]
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