[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Rules and Regulations]
[Pages 44969-44971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21564]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-023]
RIN 2115-AE47


Drawbridge Operating Regulation; 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 & Highway 
Drawbridge, across the Upper Mississippi River at Mile 482.9, at Rock 
Island, Illinois. The drawbridge need not open for river traffic and 
may remain in the closed-to-navigation position from 7 a.m. to 11 a.m. 
on September 23, 2001. This temporary rule is issued to allow the 
scheduled running of a foot race as part of a local community event.

[[Page 44970]]


DATES: This rule is effective from 7 a.m. Central Standard Time on 
September 23, 2001, until 11 a.m. Central Standard Time on September 
23, 2001.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket CGD-08-01-023 and are available for inspection or copying at 
room 2.107f in the Robert A. Young Federal Building at Eighth Coast 
Guard District, Bridge Branch, 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: Mr. Roger K. Wiebusch, Bridge 
Administrator, Eighth Coast Guard District, Bridge Branch, 1222 Spruce 
Street, St. Louis, MO 63103-2832, at (314) 539-3900, extension 378.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. This rule is being promulgated 
without an NPRM due to the short time frame allowed between the 
submission of the request by the U.S. Army and the date of the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. This rule should be made effective 
in less than 30 days due to the short time frame allowed between the 
submission of the request by the U.S. Army and the date of the event.

Background and Purpose

    On July 11, 2001, the Department of the Army Rock Island Arsenal 
requested a temporary change to the operation of the Rock Island 
Railroad & Highway Drawbridge across the Upper Mississippi River, Mile 
482.9 at Rock Island, Illinois. 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. The 
Rock Island Arsenal requested the drawbridge be permitted to remain 
closed-to-navigation from 7 a.m. until 11 a.m. on September 23, 2001. 
During this time a foot race will cross the bridge. This temporary 
drawbridge operation regulation has been coordinated with the 
commercial waterway operators. No objections to the proposed temporary 
rule were raised.

Regulatory Evaluation

    This 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 the 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 4 
hours.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, 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.
    This rule will be in effect for only 4 hours early in the day and 
the Coast Guard expects the impact of this action to be minimal. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. Any 
individual that qualifies or, believes he or she qualifies as a small 
entity and requires assistance with the provisions of this rule, may 
contact Mr. Roger K. Wiebusch, Bridge Administrator, Eighth Coast Guard 
District, Bridge Branch, at (314) 539-3900, extension 378.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule contains no new collection-of-information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

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 unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not affect a taking of private property or otherwise 
have taking implications under Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 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.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian

[[Page 44971]]

tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. Promulgation of changes to drawbridge 
regulations has been found not to have significant effect on the human 
environment. 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 discussed in the preamble, the Coast Guard amends 
33 CFR part 117 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 a.m. through 11 a.m. September 23, 2001, 
Sec. 117.T394 is added to read as follows:


Sec. 117.T394  Upper Mississippi River.

    Rock Island Railroad and Highway Drawbridge, Mile 482.9, Upper 
Mississippi River. From 7 a.m. to 11 a.m. on September 23, 2001 the 
drawspan need not open for river traffic and may be maintained in the 
closed-to-navigation position.

    Dated: August 15, 2001.
Roy J. Casto,
RADM, USCG, Commander, Eighth Coast Guard District.
[FR Doc. 01-21564 Filed 8-24-01; 8:45 am]
BILLING CODE 4910-15-U