[Federal Register Volume 64, Number 105 (Wednesday, June 2, 1999)]
[Rules and Regulations]
[Pages 29559-29561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13937]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33CFR Part 117
[CCGD08-99-020]
RIN 2115-AE47
Drawbridge Operating Regulation; Muskingum River, OH
AGENCY: Coast Guard, DOT.
[[Page 29560]]
ACTION: Temporary final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Commander, Eighth Coast Guard District is temporarily
changing the regulation governing the Lock Street Drawbridge, Mile
49.7, Muskingum River. The drawbridge need not open for vessel traffic
and may remain in the closed-to-navigation position from May 15, 1999
to March 17, 2000 while Lock No. 7 is closed for renovation. This
temporary rule is issued to allow for the repair of the subject bridge.
DATES: This temporary rule is effective from 12:01 a.m. on May 15, 1999
to 12:01 a.m. on March 17, 2000.
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 314-539-3900 extension 378.
SUPPLEMENTARY INFORMATION:
Request For Comments
The Coast Guard encourages interested parties to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 08-99-020) and the specific section of
this document to which each 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 acknowledgement of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. This final rule may be changed in view of the comments.
Discussion of Temporary Rule
The Lock Street Drawbridge navigation span has a vertical clearance
of 18 feet above normal pool in the closed-to-navigation position.
Navigation on the waterway consists of recreational watercraft.
Presently, the draw opens on signal for passage of river traffic. This
temporary drawbridge operation amendment has been coordinated with
waterway users and no objections were raised.
In order to minimize public inconvenience the Ohio Department of
Natural Resources (OHDNR) intends to run the bridge repairs
simultaneously with the repairs to Lock No. 7. Accommodating this
repair schedule leaves insufficient time to provide for notice and an
opportunity to comment or for a delayed effective date for this rule.
Therefore, in accordance with 5 U.S.C. 553, good cause exists for
issuing this rule without notice and opportunity for comment and for
making this rule effective in less than 30 days after publication in
the Federal Register.
Background and Purpose
On April 14, 1999, the Ohio Department of Natural Resources (OHDNR)
submitted plans for repairs on the Lock Street Drawbridge which will be
accomplished while the river is closed for renovation of the Lock No.
7, located 2,000 feet downstream of the bridge. The repairs are
necessary to meet the navigational needs of the waterway, which depend
on both the bridge and lock being operational.
The Lock Street Drawbridge serves as a pedestrian crossing from the
riverbank to an island separating the river from the canal. The OHDNR
requested permission to undertake bridge repairs at the same time as
the lock renovation so that the public would be inconvenienced only
once by the lock and canal closure.
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. The Office of Management and Budget has not reviewed it
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 there are no commercial users of this waterway.
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 re not
dominant in their fields and governmental jurisdictions with
populations of less than 50,000.
Since there are no commercial users of the waterway spanned by the
Lock Street Drawbridge, the Coast Guard expects there to be no
significant impact on any waterway users as a result of the closure
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 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.
Enviromental
The Coast Guard considered the environmental impact of this
temporary rule and concluded that under Figure 2-1, paragraph 32(e) 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. Sec. 499; 49 CFR 1.46; 33 CFR 1.05-1(g);
section 117.255 also issued under the authority of Public Law 102-
587, 106 Stat. 5039.
[[Page 29561]]
2. Effective 12:01 a.m. May 15, 1999 to 12:01 a.m. March 17, 2000,
Sec. 117.T 848 is added to read as follows:
Sec. 117.T848 Muskingum River.
Lock Street Drawbridge Mile 49.7, Muskingum River. From 12:01 a.m.
May 15, 1999 to 12:01 a.m. March 17, 2000, the drawspan need not open
for vessel traffic and may be maintained in the close-to-navigation
position.
Dated: May 7, 1999.
A.L. Gerfin, Jr.,
Captain, Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 99-13937 Filed 6-1-99; 8:45 am]
BILLING CODE 4910-15-M