[Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
[Rules and Regulations]
[Pages 50253-50254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24193]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-99-056]
RIN 2115-AE47


Drawbridge Operating Regulation; Upper Mississippi River, Iowa 
and Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Eighth Coast Guard District is temporarily 
changing the regulation governing the Rock Island Railroad and Highway 
Drawbridge, Mile 482.9, Upper Mississippi River. The drawbridge need 
not open for vessel traffic and may remain in the closed-to-navigation 
position from 4:00 p.m. to 6:30 p.m. and 9:00 p.m. to 10:30 p.m. on 
September 19, 1999. This temporary rule is issued to allow the public 
to cross the bridge to attend the scheduled Dog Days of Summer Army 
Concert, a community event.

DATES: This temporary rule is effective from 4:00 p.m. to 10:30 p.m. on 
September 19, 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 Commander (obr), Eighth Coast 
Guard District, 1222 Spruce Street, St. Louis, Missouri 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; Eight Coast Guard District, 
Bridge Branch, 1222 Spruce Street, St., Louis, Missouri 63103-2832, 
telephone 314-539-3900 extension 378.

SUPPLEMENTARY INFORMATION: 

Background

    On September 1, 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 the 
drawbridge be permitted to remain closed to navigation from 4:00 p.m. 
to 6:30 p.m. and 9:00 p.m. to 10:30 p.m. on September 19, 1999. During 
this time the public will be crossing the bridge to attend the 
scheduled Dog Days of Summer Army Concert.
    This rule is being promulgated without a Notice of Proposed 
Rulemaking and should be made effective in less than 30 days due to the 
short time frame provided between the submission of the request by the 
Rock Island Arsenal and the date of the scheduled event. For this 
reason, the Coast Guard determined good cause exists, according to 5 
U.S.C. 553, to eliminate public comment period. The rule should be made 
effective in less than 30 days after publication.

Discussion of Temporary Rule

    The Rock Island Drawbridge navigation span provides 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 is required to 
open on signal for passage of river traffic. This temporary drawbridge 
operation amendment has been coordinated with the commercial waterway 
operators. No objections to the proposed rule were raised.

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

[[Page 50254]]

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 a 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 government 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. belong to the Coast Guard by Federal 
statutes.

Environmental

    The Coast Guard considered the environmental impact of this 
temporary rule and concluded that under Figure 1-1, paragraph 32(3) 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 177 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. From 4:00 p.m. to 10:30 p.m., September 19, 1999, a new 
Sec. 117.T408 is temporarily added to read as follows:


Sec. 117.T408  Upper Mississippi River

    The draw of the Rock Island Railroad & Highway Drawbridge, Upper 
Mississippi River, mile 482.9, at Davenport, Iowa need not open from 
4:00 p.m. to 6:30 p.m. and 9:00 p.m. to 10:30 p.m. on September 19, 
1999. During this time it may remain closed to navigation.

    Dated: September 9, 1999.
Paul J. Plute,
Rear Admiral, U.S. Coast Guard, Commander Eighth Coast Guard District.
[FR Doc. 99-24193 Filed 9-15-99; 8:45 am]
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