[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Rules and Regulations]
[Pages 267-268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-53]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-03-048]
RIN 1625-AA09


Drawbridge Operation Regulation; Mississippi River, Dubuque, IA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Commander, Eighth Coast Guard District, is temporarily 
changing the regulation governing the Illinois Central Railroad 
Drawbridge, Mile 579.9, Upper Mississippi River. From December 17, 
2003, until March 15, 2004, 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 12:01 a.m. on December 17, 2003 
until 9 a.m. on March 15, 2004.

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. This rule is being promulgated 
without an NPRM because the limited effect on vessel traffic makes 
notice and comment unnecessary. Maintenance on the bridge will not 
begin until after the closure of Lock 22 on the Mississippi River. 
After that time, only commercial vessels left in the pools above Lock 
22 will be able to transit through the bridge. Both the bridge and lock 
closure recur at the same time each year, and local vessel operators 
plan for the closures in advance. Prompt publication of this rule is 
also necessary to protect the public from safety hazards associated 
with conducting maintenance on the bridge.

Background and Purpose

    On November 17, 2003, the Canadian National/Illinois Central 
Railroad Company requested a temporary change to the operation of the 
Illinois Central Railroad Drawbridge across the Upper Mississippi 
River, Mile 579.9 at Dubuque, Iowa. Canadian National/Illinois Central 
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 Canadian National/Illinois 
Central Dispatcher's office at (800) 711-3477 at any time; or Mr. Mike 
McDermott, office (319) 236-9238 or cell phone (319) 269-2102.
    The Illinois Central Railroad Drawbridge navigation span has a 
vertical clearance of 19.9 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 Canadian National/Illinois 
Central Railroad Company requested the drawbridge be permitted to 
remain closed to navigation from 12:01 a.m., December 17, 2004, until 9 
a.m., March 15, 2004 unless 24 hours advance notice is given to open 
the drawbridge. Winter freezing of the Upper Mississippi River coupled 
with the closure of Army Corps of Engineer's Lock No. 22 (Mile 301.2 
UMR) until 7:30 a.m. March 15, 2004 will reduce any significant 
navigation demands for the drawspan opening. The Illinois Central 
Railroad Drawbridge, Mile 579.9, Upper Mississippi River, is located 
upstream from Lock 22. 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.

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).
    Because vessel traffic in the area of Dubuque, Iowa will be greatly 
reduced by winter icing of the Upper Mississippi River and the closure 
of Lock 22, 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. 
This temporary rule will have a negligible impact on vessel traffic. 
The primary users of the Upper Mississippi River in Dubuque, 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. 22 (Mile 301.2 UMR) until March 15, 2004, there 
will be few, if any, significant navigation demands for the drawspan 
opening. Vessels may still transit through the bridge with 24-hour 
advanced notification.
    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 (Pub. L. 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.

[[Page 268]]

    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

    We have analyzed this rule under Commandant Instruction M16475.1D, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2. of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph 32(e), of the Instruction, from further 
documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
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

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

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


0
2. Effective 12:01 a.m., December 17, 2003, through 9 a.m., March 15, 
2004, Sec.  117.T408 is added to read as follows:


Sec.  117.T408  Upper Mississippi River.

    Illinois Central Railroad Drawbridge, Mile 579.9, Upper Mississippi 
River. From 12:01 a.m., December 17, 2003 through 9 a.m., March 15, 
2004, the drawspan requires 24 hours advance notice for bridge 
operation. Bridge opening requests must be made 24 hours in advance by 
calling the Canadian National/Illinois Central Dispatcher's office at 
(800) 711-3477 at any time or Mr. Mike McDermott, office (319) 236-9238 
or cell phone (319) 269-2102.

    Dated: December 19, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 04-53 Filed 1-2-04; 8:45 am]
BILLING CODE 4910-15-P