[Federal Register Volume 67, Number 6 (Wednesday, January 9, 2002)]
[Rules and Regulations]
[Pages 1095-1097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-504]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-045]
RIN 2115-AE47


Drawbridge Operation Regulation; Mississippi River, Iowa and 
Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

-----------------------------------------------------------------------

SUMMARY: The Commander, Eighth Coast Guard District is temporarily 
changing the regulation governing the Illinois Central Railroad 
Drawbridge, Mile 579.9, Upper Mississippi River. From 12:01 a.m., 
December 27, 2001, until 9 a.m., March 11, 2002, the drawbridge shall 
open on signal if at least 24 hours advance notice is given.

[[Page 1096]]

This change is necessary to perform annual maintenance and repair on 
the bridge.

DATES: This rule is effective from 12:01 a.m. Central Standard Time on 
December 27, 2001, to 9 a.m. Central Standard Time on March 11, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket, are part of docket CGD08-01-045 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 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.
    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 is being promulgated 
without an NPRM due to the short time frame allowed between the 
submission of the request by the Canadian National/Illinois Central 
Railroad Company and the date of requested closure. The Coast Guard 
received the Canadian National/Illinois Central Railroad Company's 
request on 6 November 2001. Winter conditions on the Upper Mississippi 
River coupled with the closure of Army Corps of Engineer's Lock No. 24 
(Mile 273.4 UMR) until March 2, 2002 and Lock No. 12 (Mile 556.7) until 
March 11, 2002, will preclude any significant navigation demands for 
the drawspan opening. This temporary change to the drawbridge's 
operation has been coordinated with the commercial waterway operators. 
No objections were raised.

Background and Purpose

    On November 6, 2001, the Canadian National/Illinois Central 
Railroad Company requested a temporary change to the Operation of the 
Illinois Central Railroad swing bridge across the Upper Mississippi 
River, Mile 579.9 at Dubuque, Iowa. Canadian National/Illinois Central 
Railroad Company requested that navigation temporarily provide 24 hours 
advance notice for bridge operation to facilitate required bridge 
maintenance during the winter months.
    The Illinois Central Railroad Drawbridge navigation span has a 
vertical clearance of 19.9 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 Canadian National/Illinois 
Central Railroad Company requested the drawbridge be permitted to 
remain closed-to-navigation from 12:01 a.m., December 27, 2001, until 9 
a.m., March 11, 2002 unless 24 hours advance notice is given of the 
need for it to open. Winter conditions on the Upper Mississippi River 
coupled with the closure of Army Corps of Engineer's Lock No. 24 (Mile 
273.4 UMR) until March 2, 2002 and Lock No. 12 (Mile 556.7) until March 
11, 2002, will preclude any significant navigation demands for the 
drawspan opening. The Illinois Central Railroad Drawbridge, Mile 579.9 
Upper Mississippi River, is located upstream from Lock 24. Performing 
maintenance on the bridge during the winter, when the number of vessels 
likely to be impacted is minimal, is preferred to bridge closures or 
advance notification requirements during the commercial navigation 
season. This temporary change to the drawbridge's operation has been 
coordinated with the commercial waterway operators. No objections were 
raised.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of 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 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 will be extremely limited by lock 
closures and ice during this period.

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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L 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, 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 calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A 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

[[Page 1097]]

aggregate, or by the private sector of $100,000,000 or more in any one 
year. Though this rule will not result in such an expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

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 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.

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. 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. From 12:01 a.m., December 27, 2001, through 9 a.m., March 11, 
2002, Sec. 117.T408 is added to read as follows:


Sec. 117.T408  Upper Mississippi River.

    From 12:01 a.m., December 27, 2001 through 9 a.m., March 11, 2002, 
the drawspan of the Illinois Central Railroad Drawbridge, mile 579.9, 
requires 24 hours advance notice for bridge operation.

    Dated: December 27, 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-504 Filed 1-8-02; 8:45 am]
BILLING CODE 4910-15-P