[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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