[Federal Register Volume 68, Number 58 (Wednesday, March 26, 2003)]
[Rules and Regulations]
[Pages 14536-14537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7078]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-03-009]
RIN 1625-AA09


Drawbridge Operation Regulation; Illinois Waterway, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Commander, Eighth Coast Guard District is temporarily 
changing the regulation governing the McDonough Street Bridge, mile 
287.3; Jefferson Street Bridge, mile 287.9; Cass Street Bridge, mile 
288.1; Jackson Street Bridge, mile 288.4 and the Ruby Street Bridge, 
mile 288.7, Illinois Waterway. The drawbridges, with the exception of 
the Ruby Street Bridge, will be allowed to remain closed to navigation 
from 7:30 a.m. to 9 a.m. and 4 p.m. to 5:30 p.m., Monday through 
Saturday. The Ruby Street Bridge will remain in the open to navigation 
position while unscheduled structural steel repairs are made. This 
temporary rule is issued to facilitate vehicle traffic management and 
structural steel repairs to the Ruby Street Bridge.

DATES: This temporary rule is effective from March 12, 2003 until 7:30 
a.m. on July 18, 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. The Bridge Branch 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. Structural steel deficiencies 
were discovered on the Ruby Street Bridge that require immediate repair 
to keep the bridge in operation. Until such time as the Ruby Street 
Bridge is repaired, vehicular traffic in the City of Joliet, Illinois 
must be diverted to other bridges in the area resulting in greater 
congestion and an increased likelihood of vehicular accidents and 
injuries. Since the repairs will take approximately five months to 
complete, it is important that the other bridges in the area 
immediately modify their hours to allow rush hour traffic to flow 
efficiently, reducing the likelihood of accident or injury.

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 safety reasons cited 
in the preceding paragraph, the rule should become effective 
immediately upon publication.

Background and Purpose

    Due to routine maintenance to the Ruby Street Bridge, mile 288.7, 
Illinois Waterway, the bridge must remain in the open to navigation 
(closed to motor vehicle traffic) position at all times. As a result, 
the Illinois Department of Transportation requested a temporary change 
to the current regulations for the remaining four bascule leaf 
drawbridges within the City of Joliet that carry vehicular traffic 
across the Illinois Waterway. Increasing the hours that the four 
remaining bridges are closed to navigation and available for vehicle 
use during peak traffic periods will reduce traffic jams in the City of 
Joliet while having minimal impact on vessel traffic on the Illinois 
Waterway. Repairs to the Ruby Street Bridge are expected to be complete 
by July 18, 2003.
    The current regulations permit the bridges to remain closed to 
navigation during the commuter hours of 7:30 a.m. to 8:30 a.m. and 4:15 
p.m. to 5:15 p.m., Monday through Saturday. By increasing the time the 
remaining bridges may remain closed to navigation by thirty minutes in 
the morning and afternoon, traffic buildup in the city will be greatly 
alleviated. This regulation will result in these bridges, with the 
exception of the Ruby Street Bridge, being closed to navigation from 
7:30 a.m. to 9 a.m. and from 4 p.m. to 5:30 p.m., Monday through 
Saturday. The Ruby Street Bridge will remain in the open to navigation 
position for structural steel repairs. Navigation on the waterway 
consists primarily of commercial tows and recreational watercraft. This 
temporary drawbridge operation regulation has been coordinated with 
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, 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 Homeland 
Security.
    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 DHS 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 temporary rule will have a negligible impact on vessel traffic. The 
primary users of the Illinois Waterway in Joliet, IL are commercial 
towboat operators. On average, eight vessels per day transit the 
affected bridges. Of these, one or two may have to adjust their speed 
and schedules to arrive at the affected bridges prior to, or after, the 
times the bridges are closed to navigation.
    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

[[Page 14537]]

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. 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 March 12, 2003, through 7:30 a.m. on July 18, 2003, 
paragraph (c) of Sec.  117.393, is suspended and a new paragraph (e) is 
added to read as follows:


Sec.  117.393  Illinois Waterway.

* * * * *
    (e) The draws of the McDonough Street Bridge, mile 287.3; Jefferson 
Street Bridge, mile 287.9; Cass Street Bridge, mile 288.1; Jackson 
Street Bridge, mile 288.4; all of Joliet, shall open on signal, except 
that they need not open from 7:30 a.m. to 9 a.m. and from 4 p.m. to 
5:30 p.m. Monday through Saturday. The Ruby Street Bridge shall remain 
in the open to navigation position from March 12, 2003, through 7:30 
a.m. on July 18, 2003.

    Dated: March 12, 2003.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 03-7078 Filed 3-25-03; 8:45 am]
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