[Federal Register Volume 67, Number 60 (Thursday, March 28, 2002)]
[Rules and Regulations]
[Pages 14862-14864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7356]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-02-006]
RIN 2115-AE47


Drawbridge Operation Regulation; Mississippi River, Iowa and 
Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule; request for comments.

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SUMMARY: The Commander, Eighth Coast Guard District is temporarily 
changing the regulation governing the Rock Island Railroad and Highway

[[Page 14863]]

Drawbridge, Mile 482.9, Upper Mississippi River due to imminent failure 
of the upper tread plates if the drawbridge continues to operate in 
accordance with the existing regulation. The drawbridge will remain in 
the closed-to-navigation position on weekdays from 5:30 a.m. to 7 a.m. 
and from 2:45 p.m. to 4:15 p.m. All other times including weekends and 
Federal Holidays the drawbridge will remain in the open-to-navigation 
position. Allowing the drawbridge to remain in the open-to-navigation 
position most of the time will reduce the number of turns of the swing 
span and extend the life of the deteriorated upper tread plates until 
they can be replaced.

DATES: This temporary rule is effective from 8 a.m. on March 13, 2002, 
to 8 a.m. on December 31, 2002. Comments must be received by May 28, 
2002.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket CGD08-02-006 and are available for inspection or copying at 
room 2.107f in the Robert A. Young Federal Building at the 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 Department of the Army, Rock Island 
Arsenal and the date of requested closure. The Coast Guard received the 
request from the Department of the Army, Rock Island Arsenal, on March 
5, 2002.
    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. If the drawbridge continues to 
operate at its normal frequency, the failure of the upper tread plates 
is imminent. Failure of the upper tread plates will result in total 
loss of operation of the drawbridge with catastrophic consequences to 
traffic on the Mississippi River. This temporary drawbridge operation 
amendment has been coordinated with the commercial waterway operators. 
No objections were raised.

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for the rulemaking [CGD08-02-
006], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8 \1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received. We may 
change this rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the address under ADDRESSES, 
explaining why one would be beneficial. If the Coast Guard determines 
that a public meeting would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

Background and Purpose

    On March 5, 2002, the Department of the 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. Department of the Army, Rock 
Island Arsenal requested that the drawbridge remain closed to 
navigation from 5:30 a.m. to 7 a.m. and from 2:45 p.m. to 4:15 p.m. All 
other times including weekends and Federal Holidays the drawbridge will 
remain in the open-to-navigation position. The deteriorated upper tread 
plates make it necessary to reduce the number of turns of the swing 
span.
    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 primarily of commercial 
tows and recreational watercraft. Presently, the draw opens on signal 
for passage of river traffic. The Department of the Army, Rock Island 
Arsenal requested the drawbridge be permitted to remain closed-to-
navigation from 5:30 a.m. to 7 a.m. and from 2:45 p.m. to 4:15 p.m. All 
other times including weekends and Federal Holidays the drawbridge will 
remain in the open-to-navigation position. Limiting the operation of 
the swing span will extend the life of the worn tread plates until they 
can be replaced during the 2002 winter maintenance season. If this 
regulatory action is not taken, catastrophic consequences to traffic on 
the Mississippi River are imminent. This temporary drawbridge operation 
amendment 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.

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.
    Since the proposed regulation change will have little effect on 
present operating conditions for rail or river traffic, 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 (Public Law 104-121), we offered to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. Any 
individual that qualifies

[[Page 14864]]

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

    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 this rule 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 
regulation 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 or $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 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 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 8 a.m., March 13, 2002, through 8 a.m., December 31, 2002, 
Sec. 117.T-408 is added to read as follows:


Sec. 117.T-408  Upper Mississippi River.

    From 8 a.m., March 13, 2002, through 8 a.m., December 31, 2002, the 
Rock Island Railroad Drawbridge, mile 482.9, may be maintained in the 
closed-to-navigation position on weekdays from 5:30 a.m. to 7 a.m. and 
from 2:45 p.m. to 4:15 p.m. All other times, including weekends and 
Federal Holidays, the drawbridge will remain in the open-to-navigation 
position.

    Dated: March 13, 2002.
J.R. Whitehead,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard District, Acting.
[FR Doc. 02-7356 Filed 3-27-02; 8:45 am]
BILLING CODE 4910-15-U