[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Rules and Regulations]
[Pages 2035-2036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-760]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08-99-069]
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 changing the drawbridge 
operation regulation governing the Burlington Railroad Drawbridge, Mile 
403.1, Upper Mississippi River. The drawbridge shall open on signal if 
at least six (6) hours advance notice is given from 8 a.m. on December 
31, 1999, until 8 a.m. on March 1, 2000. This arrangement is necessary 
to perform annual maintenance and repair work on the bridge.

DATES: This temporary rule is effective from 8 a.m. on December 31, 
1999, until 8 a.m. on March 1, 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 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 24, 1999, Burlington Northern Santa Fe requested a 
temporary change to the operation of the Burlington Railroad Drawbridge 
across the Upper Mississippi River, Mile 403.1 at Burlington, Iowa. The 
Railroad requested that the bridge be allowed to open for navigation 
between December 31, 1999 and March 1, 2000 upon a six (6) hour advance 
notice so that necessary maintenance and bridge repair activities can 
be performed. Advance notice may be given by calling Al Poole, (309) 
345-6103 during work hours and Larry Moll, (309) 752-5244, after hours.
    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 Burlington Railroad Drawbridge has a vertical clearance of 21.5 
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 Burlington Railroad Drawbridge is 
located downstream of Lock 18 and upstream of Lock 19. Performing 
maintenance on the bridge during the winter when no

[[Page 2036]]

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

List of Subjects in 33 CFR Part 117

    Bridges.

Temporary Regulations

    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-(g); 
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Effective 8 a.m. on December 31, 1999, through 8 a.m. on March 
1, 2000, a temporary Sec. 117.T410 is added to read as follows:


Sec. 117.T410  Upper Mississippi River.

    Burlington Railroad Drawbridge, Mile 403.1, Upper Mississippi 
River. From 8 a.m. on December 31, 1999 through 8 a.m. on March 1, 
2000, the drawspan shall open on signal if at least six (6) hours 
advance notification is given. Advance notice may be given by calling 
(309) 345-6103 during work hours and (309) 752-5244 after hours.

    Dated: December 27, 1999.
K.J. Eldridge,
Captain, United States Coast Guard, Acting Commander, Eighth Coast 
Guard District.
[FR Doc. 00-760 Filed 1-12-00; 8:45 am]
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