[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Rules and Regulations]
[Pages 2038-2039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-758]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08-99-077]
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 30, 1999 until 8 a.m. March 1, 
2000. This closure is necessary to perform annual maintenance and 
repair work on the bridge.

DATES: This temporary rule is effective from 8 a.m. on December 30, 
1999 until 8 a.m. on March 1, 2000.

ADDRESSES: The public docket and all documents referred to in this rule 
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, MO 63101-2832, between 7 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge 
Administrator; Commander (obr), Eighth Coast Guard District, Bridge 
Branch, 1222 Spruce Street, St. Louis, MO 63101-2832, telephone (314) 
539-3900, extension 378.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On November 17, 1999, 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 Rock Island, Illinois. The Department of Army requested 
that the bridge be temporarily closed to navigation 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.

Background and Purpose

    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. No one 
objected to the proposed amendment. Winter conditions on the Upper 
Mississippi River coupled with the closure of Army Corps of Engineer's 
Lock No. 21 until March 1, 2000, will preclude any significant 
navigation demands for the drawspan openings. The Rock Island Railroad 
& Highway Drawbridge is located upstream of Lock 21. 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 cost 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 10e of the regulatory policies and procedures of DOT is 
unnecessary. This is because river traffic will be extremely limited by 
lock closures and ice during this period.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those costs. This rule would not impose an unfunded mandate.

Taking of Private Property

    This rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This rule is not an 
economically significant rule and does not concern an environmental 
risk to health or risk to safety that may disproportionately affect 
children.

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 (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 will not have economic impact on a substantial number 
of small entities.

Collection of Information

    This temporary rule contains no collection-of-information 
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.).

Federalism Assessment

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Agreement.

Environment Assessment

    The Coast Guard considered the environmental impact of this 
temporary rule and concluded that this action is categorically excluded 
from further environmental documentation in accordance with Section 
2.B.2, Figure 2-1 (32)(e) of the National Environmental Policy Act 
Implementing Procedures, COMDTINST M16475.1C. A

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Categorical Exclusion Determination is available for inspection or 
copying where indicated under ADDRESSES.

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. From 8 a.m. on December 30, 1999, through 8 a.m. on March 1, 
2000, a new Sec. 117.T408 is added to read as follows:


Sec. 117.T408  Upper Mississippi River.

    Rock Island Railroad & Highway Drawbridge, Mile 482.9, Upper 
Mississippi River. From 8 a.m. on December 30, 1999, through 8 a.m. on 
March 1, 2000, the drawspan may be maintained in the closed to 
navigation position and need not open for vessel traffic.

    Dated: December 27, 1999.
K.J. Eldridge,
Captain, United States Coast Guard, Acting Commander, Eighth Coast 
Guard District.
[FR Doc. 00-758 Filed 1-12-00; 8:45 am]
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