[Federal Register Volume 67, Number 238 (Wednesday, December 11, 2002)]
[Rules and Regulations]
[Pages 76114-76115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31219]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-02-027]
RIN 2115-AE47


Drawbridge Operation Regulation; Mississippi River, Clinton, IA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Commander, Eighth Coast Guard District, is temporarily 
changing the regulation governing the Clinton Railroad Drawbridge, Mile 
518.0, Upper Mississippi River. From 7:30 a.m., December 15, 2002, 
until 7:30 a.m., March 1, 2003, the drawbridge shall open on signal if 
at least 24 hours advance notice is given. This temporary rule is 
issued to facilitate annual maintenance and repair on the bridge.

DATES: This temporary rule is effective 7:30 a.m. on December 15, 2002, 
to 7:30 a.m. on March 1, 2003.

ADDRESSES: Documents referred to in this rule are available for 
inspection or copying at room 2.107f in the Robert A. Young Federal 
Building, Eighth Coast Guard District, Bridge Branch, 1222 Spruce 
Street, St. Louis, MO 63103-2832, between 8 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (314) 
539-3900, extension 2378. Commander, Eighth Coast Guard District (obr) 
maintains the public docket for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge 
Administrator, (314) 539-3900, extension 2378.

SUPPLEMENTARY INFORMATION:

Good Cause for Not Publishing an NPRM

    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 between the submission of 
the request by the Union Pacific Railroad Company and the date of 
requested closure. This rule would not become effective in time to 
begin repair work on the drawbridge if an NPRM were published, thus 
defeating the purpose of this rule.

Good Cause for Making Rule Effective in Less Than 30 Days

    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. Due to the short time frame 
between the submission of the request by the Union Pacific Railroad 
Company and the date of the requested closure, this rule could not be 
published more than 30 prior to its effective date. If there were a 30 
day delay in its publication, this rule would not become effective in 
time to begin repair work on the drawbridge which would defeat the 
purpose of this rule.

Background and Purpose

    On September 20, 2002, the Union Pacific Railroad Company requested 
a temporary change to the operation of the Clinton Railroad Swing 
Bridge across the Upper Mississippi River, Mile 518.0 at Clinton, Iowa. 
Union Pacific Railroad Company requested that 24 hours advance notice 
be required to open the bridge during the maintenance period. The 
maintenance is necessary to ensure the continued safe operation of the 
drawbridge. Advance notice may be given by calling the Clinton 
Yardmaster's office at (319) 244-3204 at anytime; or (319) 244-3269 
weekdays between 7 a.m. and 3:30 p.m.; or Mr. Tomaz Gawronski, office 
(515) 263-4536 or cell phone (515) 229-2793.
    The Clinton Railroad Drawbridge navigation span has a vertical 
clearance of 18.7 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 Union Pacific Railroad Company 
requested the drawbridge be permitted to remain closed to navigation 
from 7:30 a.m., December 15, 2002, until 7:30 a.m., March 1, 2003 
unless 24 hours advance notice is given to open the drawbridge to allow 
time to make repairs. The Clinton Railroad Drawbridge, Mile 518.0, 
Upper Mississippi River, is located upstream from Lock 17. Winter 
freezing of the Upper Mississippi River coupled with the closure of 
Army Corps of Engineer's Lock No. 17 (Mile 437.0 UMR) and Lock No. 19 
(Mile 364.1 UMR) until 7:30 a.m. March 1, 2002 will reduce any 
significant navigation demands for the drawspan opening. Performing 
maintenance on the bridge during the winter when the number of vessels 
likely to be impacted is minimal is preferred to restricting vessel 
traffic during the commercial navigation season. This temporary change 
to the drawbridge's operation 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).
    Because vessel traffic in the area of Clinton, Iowa will be greatly 
reduced by winter icing of the Upper Mississippi River and the closure 
of Locks 17 and 19, it is expected that this rule will have minimal 
economic or budgetary effects on the local community.

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.
    The temporary rule will have a negligible impact on vessel traffic. 
The primary users of the Upper Mississippi

[[Page 76115]]

River in Clinton, Iowa are commercial towboat operators. With the onset 
of winter conditions on the Upper Mississippi River coupled with the 
closure of Army Corps of Engineers' Lock No. 17 (Mile 437.0 UMR) and 
Lock No. 19 (Mile 364.1 UMR) until March 1, 2003 and Lock No. 24 (Mile 
273.4 UMR) until March 15, 2003, there will be few, if any, significant 
navigation demands for the drawspan opening. In order to obtain a 
bridge opening, an advance notice of 24-hours is required. This 
requirement has been coordinated with local fleeting-harbor owners, the 
railroad, and navigation interests in the area.

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 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 2378.
    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 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 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

    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.

Regulations

    For the reasons set out in the preamble, the Coast Guard is 
amending Part 117 of Title 33, Code of Federal Regulations, 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 Public Law 102-
587, 106 Stat. 5039.


    2. From 7:30 a.m., December 15, 2002, through 7:30 a.m., March 1, 
2003, Sec.  117.T408 is added to read as follows:


Sec.  117.T408  Upper Mississippi River.

    Clinton Railroad Drawbridge, Mile 518.0, Upper Mississippi River.
    From 7:30 a.m., December 15, 2002 through 7:30 a.m., March 1, 2003, 
the drawspan requires 24 hours advance notice for bridge operation. 
Bridge opening requests must be made 24 hours in advance by calling 
Clinton Yardmaster's office at (319) 244-3204 at anytime; or (319) 244-
3269 weekdays between 7 a.m. and 3:30 p.m.; or Mr. Tomaz Gawronski, 
office (515) 263-4536 or cell phone (515) 229-2793.

    Dated: November 22, 2002.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-31219 Filed 12-10-02; 8:45 am]
BILLING CODE 4910-15-P