[Federal Register Volume 68, Number 176 (Thursday, September 11, 2003)]
[Rules and Regulations]
[Pages 53513-53515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23183]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-03-011]
RIN 1625-AA09


Drawbridge Operation Regulation; Mississippi River, Iowa and 
Illinois

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the Rock 
Island Railroad & Highway Drawbridge, across the Upper Mississippi 
River at Mile 482.9, at Rock Island, Illinois. The drawbridge need not 
open for river traffic and may remain in the closed-to-navigation 
position from 7:30 a.m. to 11:30 a.m. on September 28, 2003. This rule 
would allow the annually scheduled running of a foot race as part of a 
local community event.

DATES: This rule is effective 7:30 a.m. to 11:30 a.m., September 28, 
2003.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD08-03-011] and are available for inspection or 
copying at room 2.107f in the Robert A. Young Federal Building at 
Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On July 29, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Mississippi River, 
Iowa and Illinois in the Federal Register (68 FR 44506). We received no 
comment letters on the proposed rule. No public hearing was requested, 
and none was held.
    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. Hundreds of foot race participants 
will cross the bridge during the effective period of this rule. As a 
matter of public safety, it is essential that the bridge remain in the 
closed to navigation position during the effective period.

[[Page 53514]]

Background and Purpose

    The Department of the Army Rock Island Arsenal requested a 
temporary change to the operation of the Rock Island Railroad & Highway 
Drawbridge across the Upper Mississippi River, Mile 482.9 at Rock 
Island, Illinois to allow the drawbridge to remain in the closed to 
navigation position for a four hour period while a foot race is run 
across the drawbridge. Navigation on the waterway consists primarily of 
commercial tows and recreational watercraft that will be minimally 
impacted by the limited closure period of four hours. Presently, the 
draw opens on signal for passage of river traffic. The Rock Island 
Arsenal requested the drawbridge be permitted to remain closed-to-
navigation from 7:30 a.m. until 11:30 a.m. on Sunday, September 28, 
2003.

Discussion of Comments and Changes

    The Coast Guard received no comment letters. No changes will be 
made to this final rule.

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 (DHS).
    The Coast Guard expects that this temporary change to operation of 
the Rock Island Railroad & Highway Drawbridge to have minimal economic 
impact on commercial traffic operating on the Upper Mississippi River. 
This temporary change has been written in such a manner as to allow for 
minimal interruption of the drawbridge's regular operation.

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 
areindependently 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 
would not have a significant economic impact on a substantial number of 
small entities. This rule will be in effect for only 4 hours early on a 
Sunday morning, and the Coast Guard expects the impact of this action 
to be minimal.

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. 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 common on actions by employees of the 
Coast Guard, call 1-800-REG-FAIR (1-800-734-3247).

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 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 would 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 M16475.1D, this rule is categorically excluded from further 
environmental documentation. Paragraph 32(e) excludes the promulgation 
of operating regulations or procedures for drawbridges from the 
environmental documentation requirements of the National Environmental 
Policy Act (NEPA). Since this regulation would alter the normal 
operating conditions of the drawbridge, it falls within this exclusion. 
A ``Categorical Exclusion Determination'' is available in the

[[Page 53515]]

docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Effective 7:30 a.m. to 11:30 a.m. on September 28, 2003, Sec.  
117.T395 is added to read as follows:


Sec.  117.T395  Upper Mississippi River.

    Rock Island Railroad and Highway Drawbridge, Mile 482.9, Upper 
Mississippi River.
    From 7:30 a.m. to 11:30 a.m. on September 28, 2003 the drawspan 
need not open for river traffic and may be maintained in the closed-to-
navigation position.

    Dated: September 2, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-23183 Filed 9-10-03; 8:45 am]
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