[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Proposed Rules]
[Pages 39454-39455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18748]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-99-031]
RIN 2115-AE47


Drawbridge Operating Regulations; Mississippi River, Iowa and 
Illinois

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a temporary change to the regulation 
governing the Rock Island Railroad and Highway Drawbridge, Mile 482.9, 
Upper Mississippi River. Under the proposed rule the drawbridge need 
not open for vessel traffic and may remain in the closed-to-navigation 
position from 7:30 a.m. to 11:30 a.m. on September 26, 1999. This 
temporary rule would allow the scheduled running of the Quad City 
Marathon as part of a local community event.

DATES: Comments must be received on or before August 23, 1999.

ADDRESSES: Comments can be mailed to Commander, Eighth Coast Guard 
District (obr), 1222 Spruce Street, St. Louis, Missouri 63103-2832, 
between 7 a.m. and 4 p.m., Monday through Friday except Federal 
holidays. Comments will become part of the public docket and will be 
available for copying and inspection in room 2.107f at the same 
address.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge 
Administrator; Eighth Coast Guard District, Bridge Branch, 1222 Spruce 
Street, St. Louis, Missouri 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 08-99-031) 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. It may change this proposal in view of the comments. 
The Coast Guard plans no public hearing. Persons may request a public 
hearing in writing to the address under ADDRESSES. The request should 
include the reasons why a hearing would be beneficial. If the Coast 
Guard determines that the opportunity for oral presentations will aid 
this rulemaking, it will hold a public hearing at a time and place 
announced by a notice in the Federal Register.

[[Page 39455]]

Background and Purpose

    On May 8, 1999, the Department of Army Rock Island Arsenal 
requested a temporary change to the operation of the Rock Island 
Railroad and Highway Drawbridge across the Upper Mississippi River, 
Mile 482.9 at Davenport, Iowa. The Rock Island Arsenal requested that 
the drawbridge be permitted to remain closed to navigation from 7:30 
a.m. to 11:30 a.m. on September 26, 1999. During this time participants 
in the Quad City Marathon will cross the bridge.
    The Rock Island Railroad Drawbridge navigation span has a vertical 
clearance of 23.8 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.
    A short comment period of thirty days is being provided for 
interested parties to express their views. The comment period will 
allow affected individuals in the local areas to participate in the 
rulemaking and will allow the Coast Guard to publish a final rule prior 
to the event. If comments are received, the Coast Guard may change this 
proposed rule.

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 river traffic is not likely to be delayed more than 
four hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. Sec. 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. Sec. 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(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 Subject in 33 CFR Part 117

    Bridges.

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 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. to 11:30 a.m. on September 26, 1999, 
Sec. 117.T388 is added to read as follows:


Sec. 117.T388  Upper Mississippi River.

    The Rock Island Railroad and Highway Drawbridge, at mile 482.9, 
Upper Mississippi River, opens on signal, except that from 7:30 a.m. to 
11:30 a.m. on September 26, 1999, the drawspan need not open for vessel 
traffic and may be maintained in the closed-to-navigation position.

    Dated: July 2, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-18748 Filed 7-21-99; 8:45 am]
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