[Federal Register Volume 66, Number 233 (Tuesday, December 4, 2001)]
[Rules and Regulations]
[Pages 62936-62938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30018]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

CGD08-98-020

RIN 2115-AE47


Drawbridge Operation Regulations: Missouri River

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the regulations governing the 
operation of the drawbridges across the Missouri River in the States of 
Missouri, Iowa, Kansas, and Nebraska. The revisions will enable the 
Coast Guard to coordinate drawbridge operation schedules for these 
bridges during the winter season with the Army Corps of Engineers' 
(ACOE) dates of closure and opening of the commercial navigation season 
on the Missouri River.

DATES: This final rule is effective January 3, 2002.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD8-98-020 and are available for inspection or 
copying at Coast Guard District Eight Bridge Branch, 1222 Spruce 
Street, Suite 2.107f, St. Louis, MO 63103-2832, between 8 a.m. and 4 
p.m. Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge 
Administrator, Eighth Coast Guard District, Bridge Branch, 1222 Spruce

[[Page 62937]]

Street, St. Louis, MO 63103-2832, at (314) 539-3900, extension 378.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 28, 1998, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations for the Missouri River 
in the Federal Register (63 FR 45980). No negative comments were 
received on the proposed rulemaking. No public hearing was requested 
and none was held.

Background and Purpose

    In order to accommodate vessels during the winter season's low-
water period, the Missouri River drawbridge operation regulations 
contained in 33 CFR 117.411(a) and 117.687(a) require that drawbridges 
on this waterway shall open on signal; except that from 16 December 
through the last day of February, the draws shall open on signal if at 
least 24 hours notice is given. Additionally, 33 CFR 117.691 requires 
that the draw of the Illinois Central Gulf Railroad Bridge located on 
the Missouri River shall open on signal; except that, from 1 December 
through the last day of February, the draw shall open on signal if at 
least 24 hours notice is given. These regulations reflect the actual 
dates that the ACOE had manipulated the water level on the Missouri 
River; however, during the past ten years, the ACOE has adopted a more 
flexible water-management regime. The change implemented by this final 
rule will bring the drawbridge operating regulations in synch with the 
commercial navigation season. This will be accomplished by tying the 
drawbridge on-demand-opening requirement to the ACOE's closure and 
opening of the commercial navigation season on the Missouri River.

Discussion of Comments and Changes

    No negative comments were received during the comment period for 
the Notice of Proposed Rulemaking. The rule will align the drawbridge 
regulations with the commercial navigation season and allow bridge 
owners to more efficiently manage their operations at the beginning and 
end of the commercial navigation season.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of the Executive Order 12866, Regulatory Planning and Review, 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 rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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.
    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. There are no small entities involved in this rulemaking.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offered 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, (314) 539-3900, extension 378.

Collection of Information

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

Federalism

    A final rule has implications for federalism under Executive Order 
13132, Federalism, if it has a substantial direct effect on State or 
local governments and would either preempt State law or impose a 
substantial direct cost of compliance on them. We have analyzed this 
rule under that Order and have determined that it does not have 
implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this final rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble. This rule will not impose an unfunded mandate.

Taking of Private Property

    This rule will not effect 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 create 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 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

[[Page 62938]]

Environment

    We have considered the environmental impact of this rule and 
concluded that under Figure 2-1, paragraph 32(e) of Commandant 
Instruction M16475.1 (series), this rule is categorically excluded from 
further environmental documentation because promulgation of changes to 
drawbridge regulations have been found not to have significant effect 
on the human environment. This rule merely alters the time frame when 
the drawbridges on the Missouri River are required to open on demand. 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. 499; 49 CFR 1.46; CFR 1.05-1(g); section 
117.255 also issued under the authority of Public Law 102-587, 106 
Stat. 5039.


    2. Section 117.411(a) is revised to read as follows:


Sec. 117.411  Missouri River.

    (a) The draws of the bridges across the Missouri River from the 
mouth to Sioux City, Iowa, shall open on signal; except during the 
winter season between the date of closure and date of opening of the 
commercial navigation season as published by the Army Corps of 
Engineers, the draw need not open unless at least 24 hours advance 
notice is given.
* * * * *
    3. Section 117.687(a) is revised to read as follows:


Sec. 117.687  Missouri River.

    (a) The draws of the bridges across the Missouri River from the 
mouth to St. Joseph shall open on signal; except during the winter 
season between the date of closure and date of opening of the 
commercial navigation season as published by the Army Corps of 
Engineers, the draw need not open unless at least 24 hours advance 
notice is given.
* * * * *

    4. Section 117.691 is revised to read as follows:


Sec. 117.691  Missouri River.

    The draw of the Illinois Central Gulf Railroad Bridge, mile 618.3, 
at Omaha, shall open on signal; except during the winter season between 
the date of closure and date of opening of the commercial navigation 
season as published by the Army Corps of Engineers, the draw need not 
open unless at least 24 hours advance notice is given.

    Dated: October 31 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-30018 Filed 12-3-01; 8:45 am]
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