[Federal Register Volume 67, Number 249 (Friday, December 27, 2002)]
[Rules and Regulations]
[Pages 78977-78979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32723]


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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-02-043]
RIN 2115-AE47


Drawbridge Operation Regulation; Mississippi River, Burlington, 
IA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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

SUMMARY: The Commander, Eighth Coast Guard District is temporarily 
changing the regulation governing the Burlington Railroad Drawbridge, 
Mile 403.1, Upper Mississippi River. From 12:01 a.m., December 15, 
2002, until 7 a.m., March 15, 2003, the drawbridge shall open on signal 
if at least 6 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 12:01 a.m. on December 15, 
2002, to 7 a.m. on March 15, 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 at 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 as a matter of public safety. Annual maintenance on the 
Burlington Railroad Drawbridge in Burlington, Iowa is performed by a 
roving railroad maintenance crew whose schedule is difficult to 
forecast. In order to keep up with maintenance of all drawbridges in 
the area, the maintenance crew must move quickly from one maintenance 
job to the next. Publishing an NPRM and allowing for the requisite 
comment period would severely reduce the repair time and prevent the 
maintenance crew from completing annual maintenance to the drawbridge. 
Therefore, the Coast Guard finds the public safety is better served by 
not publishing an NPRM.

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. For the same reasons that an NPRM 
was not published, the Coast Guard finds that public safety is better 
served by making this rule effective less than 30 days after its 
publication.

Background and Purpose

    On November 15, 2002, the Burlington Northern Santa Fe Railway 
Company requested a temporary change to the operation of the Burlington 
Railroad Drawbridge across the Upper Mississippi River, Mile 403.1 at 
Burlington, Iowa. Burlington Northern Santa Fe Railway Company 
requested that 6 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 Mr. Craig D. Krause, Burlington Northern Santa Fe 
Railway Company, Supervisor of Structures, at (402) 458-7652 during 
normal working hours, or Mr. Joe Hicks, at (319) 394-9431.
    The Burlington Railroad Drawbridge navigation span has a vertical 
clearance of 21.5 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 Burlington Northern Santa Fe Railway 
Company requested the drawbridge be permitted to remain closed to 
navigation from 12:01 a.m., December 15, 2002, until 7 a.m., March 15, 
2003 unless 6 hours advance notice is given to open the drawbridge to 
allow time to make repairs. The Burlington Railroad Drawbridge, Mile 
403.1, Upper Mississippi River, is located upstream from Lock 19. 
Winter freezing of the Upper Mississippi River coupled with the closure 
of Army Corps of Engineer's Lock No. 17 (Mile 437.0 UMR), Lock No. 19 
(Mile 364.1 UMR) until 7:30 a.m. March 1, 2003 and Lock No. 24 (Mile 
273.4 UMR) until March 15, 2003 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 Burlington, Iowa will be 
greatly reduced by winter icing of the Upper Mississippi River and the 
closure of Locks 17, 19, and 24 it is expected that this rule will

[[Page 78978]]

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 River in Burlington, Iowa 
are commercial towboat operators. The onset of winter conditions on the 
Upper Mississippi River coupled with the closure of Army Corps of 
Engineer's Lock No. 17 (Mile 437.0 UMR), Lock No. 19 (Mile 364.1 UMR) 
until March 1, 2003 and Lock No. 24 (Mile 273.4 UMR) until March 15, 
2003 will preclude any significant navigation demands for the drawspan 
opening. In order to obtain a bridge opening, an advance notice of 6 
hours is required. This requirement has been coordinated with the local 
fleeting-harbor owners, the railroad, and navigation interests in the 
area.
    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 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 amends 
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 Public Law 102-
587, 106 Stat. 5039.

    2. Effective 12:01 a.m., December 15, 2002, through 7 a.m., March 
15, 2003, Sec.  117.T408 is temporarily added to read as follows:


Sec.  117.T408  Upper Mississippi River.

    Burlington Railroad Drawbridge, Mile 403.1, Upper Mississippi 
River. From 12:01 a.m., December 15, 2002 through

[[Page 78979]]

7 a.m., March 15, 2003, the drawspan requires 6 hours advance notice 
for bridge operation. Bridge opening requests must be made 6 hours in 
advance by calling Mr. Craig D. Krause, Burlington Northern Santa Fe 
Railway Company, Supervisor of Structures, at (402) 458-7652 during 
normal working hours, or Mr. Joe Hicks at (319) 394-9431.

    Dated: December 13, 2002.
Roy J. Casto,
Rear Admiral, Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-32723 Filed 12-26-02; 8:45 am]
BILLING CODE 4910-15-P