[Federal Register Volume 64, Number 6 (Monday, January 11, 1999)]
[Rules and Regulations]
[Pages 1516-1517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-388]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CCGD08-98-073]
RIN 2115-AE47


Temporary Drawbridge Regulation; Illinois Waterway, 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 McDonough Street Bridge, mile 
287.3; Jefferson Street Bridge, mile 287.9; Cass Street Bridge, mile 
288.1; Jackson Street Bridge, mile 288.4 and the Ruby Street Bridge, 
mile 288.7, Illinois Waterway. The drawbridges, with the exception of 
the Jefferson Street Bridge, will be allowed to remain closed to 
navigation from 7:30 a.m. to 9 a.m. and 4:15 to 5:15 p.m. Monday 
through Friday. On Saturdays, the drawbridges, save the Jefferson 
Street Bridge, will be allowed to remain closed to navigation from 7:30 
a.m. to 8:30 a.m. and 4:15 to 5:15 p.m. This temporary rule is issued 
to facilitate land traffic management while the Jefferson Street Bridge 
remains in the open-to-navigation position for emergency repairs.

DATES: This temporary rule is effective from 7:30 a.m. December 3, 1998 
until 7:30 a.m. on February 1, 1999.

ADDRESSES: Unless otherwise indicated, 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:

Background

    On October 23, 1998, the Jefferson Street Bridge, mile 287.9, 
Illinois Waterway in Joliet, Illinois was struck and seriously damaged 
by a vessel. The allision requires the Jefferson Street bridge to 
remain in the open-to-navigation position until repairs are completed. 
It is estimated that it will take three months until the repairs are 
complete. The Jefferson Street Bridge is one of five bascule leaf 
drawbridges within Joliet that carry vehicular traffic across the 
Illinois Waterway. The current regulations permits the bridges to 
remain closed to navigation during commuter hours of 7:30 a.m. to 8:30 
a.m. and 4:15 p.m. to 5:15 p.m. Monday through Saturday. Damage to the 
Jefferson Street Bridge prevents its use by highway traffic and has 
increased traffic levels on the other bridges and travel time between 
bridges. The temporary rule was requested by the Illinois Department of 
Transportation in order to accommodate the additional vehicular traffic 
that has been diverted to the four remaining operable bridges.
    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 since the change has 
been implemented to address an emergency situation. Specifically, the 
extensive damage to the Jefferson Street Bridge caused by a vessel 
allision. Thus, following normal rule making procedures would be 
impractical. Delaying implementation of the regulation will not 
adversely impact navigation; however, it would result in unnecessary 
prolonged traffic management problems within the City of Joliet, 
Illinois.

Discussion of Temporary Rule

    The five Joliet area drawbridges have a minimum vertical clearance 
of 16.5 feet above normal pool in the closed-to-navigation position. 
Navigation on the waterway consists primarily of commercial tows and 
recreational watercraft. Presently, the draws of all Illinois Waterway 
bridges within Joliet open on signal for passage of river

[[Page 1517]]

traffic, except that they need not open from 7:30 a.m. to 8:30 a.m. and 
from 4:15 p.m. to 5:15 p.m. Monday through Saturday. This temporary 
drawbridge operation amendment has been coordinated with the commercial 
waterway operators who do not object. Extending the morning drawbridge 
closure period by 30 minutes during the week now until February 1, 
1999, will not adversely impact navigation. It will, however, 
significantly facilitate traffic management in the City of Joliet.

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 cost 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 the rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10(e) is 
unnecessary. This is because river traffic will be extremely limited by 
lock closures and river ice during the period.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 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'' may include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their field and governmental jurisdictions with populations 
of less than 50,000.
    The temporary rule only impacts vessel traffic for one half hour a 
day Monday through Friday during the late fall and winter months. This 
timeframe is a very inactive period for commercial navigation. 
Therefore, 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 action contains no collection-of-information requirements 
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 have sufficient 
implications for 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 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. Sec. 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 7:30 a.m. on December 3, 1998, through 7:29 a.m. on 
February 1, 1999, paragraph (c) of Sec. 117.393 is suspended and a new 
paragraph (e) is added to read as follows:


Sec. 117.393  Illinois Waterway.

* * * * *
    (c) The draws of the McDonough Street Bridge, mile 287.3; Cass 
Street Bridge, Mile 288.1; Jackson Street Bridge, mile 288.4 and the 
Ruby Street Bridge, mile 288.7; all of Joliet, shall open on signal, 
except that they need not open from 7:30 a.m. to 9 a.m. and from 4:15 
p.m. to 5:15 p.m. Monday through Friday. On Saturday the draws need not 
open from 7:30 a.m. to 8:30 a.m. and from 4:15 p.m. to 5:15 p.m.

    Dated December 3, 1998.
A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 99-388 Filed 1-8-99; 8:45 am]
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