[Federal Register Volume 66, Number 94 (Tuesday, May 15, 2001)]
[Rules and Regulations]
[Pages 26793-26795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12115]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08-01-005]
RIN 2115-AE47


Drawbridge Operation Regulation; Illinois Waterway, Illinois

AGENCY: Coast Guard, DOT.

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 Jefferson 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 Jefferson Street Bridge will remain in the open-
to-navigation position. This temporary rule is issued to facilitate 
land traffic management while emergency repairs are made to the 
Jefferson Street Bridge.

DATES: This rule is effective from 7:30 a.m., March 30, 2001 until 7:30 
a.m. on July 2, 2001.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
notice will be available for inspection and 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 7 
a.m. and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge 
Administrator, Eighth Coast Guard District, Bridge Branch, 1222 Spruce 
Street, St. Louis, MO 63103-2832, Telephone (314) 539-3900, extension 
378.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
has not been published and good cause exists for making this rule 
effective in less than 30 days from publication. The change has been 
implemented to address the emergency situation resulting in extensive 
damage to the Jefferson Street Bridge caused by a vessel allision. 
Thus, following normal rule making procedures would be impractical. 
Delaying implementation of

[[Page 26794]]

the regulation will not adversely impact navigation; however, it would 
result in unnecessary prolonged traffic management problems within the 
City of Joliet, Illinois.

Background and Purpose

    On February 21, 2001 the Jefferson Street Bridge, mile 287.9, 
Illinois Waterway in Joliet, Illinois was struck and seriously damaged 
by a vessel. The allision requires the Jefferson Street Bridge to 
remain in the open-to-navigation position until repairs are completed. 
It is estimated that it will take four months to complete the repairs. 
The Jefferson Street Bridge is one of five bascule leaf drawbridges 
within Joliet that carry vehicular traffic across the Illinois 
Waterway. The current regulations permit the bridges to remain closed 
to navigation during 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. Damage to the Jefferson 
Street Bridge prevents its use by highway traffic and has increased 
traffic levels on the other bridges and travel time between bridges. 
The temporary rule was requested by the Illinois Department of 
Transportation in order to accommodate the additional vehicular traffic 
that has been diverted to the four remaining operable bridges.

Discussion of Temporary Rule

    The five Joliet area drawbridges have a minimum vertical clearance 
of 16.5 feet above normal pool in the closed-to-navigation position. 
Navigation on the waterway consists primarily of commercial tows and 
recreational watercraft. Presently, the draws of all Illinois Waterway 
bridges within Joliet open on signal for passage of river traffic, 
except that they need not open from 7:30 a.m. to 8:30 a.m. and from 
4:15 p.m. to 5:15 p.m., Monday through Saturday. This temporary 
drawbridge operation amendment has been coordinated with the commercial 
waterway operators who do not object. Extending the morning drawbridge 
closure period by 30 minutes and the afternoon closure period by 30 
minutes during the week, now until July 2, 2001, will not adversely 
impact navigation. It will, however, significantly facilitate traffic 
management in the City of Joliet.

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 polices and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
1979). The Coast Guard expects the economic impact of this temporary 
rule to be minimal. A full Regulatory Evaluation under paragraph 10e of 
the regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 only impacts vessel traffic for one hour a day 
Monday through Saturday during the spring and early summer months. 
Although this timeframe coincides with part of the navigation season, 
commercial interests can accommodate this restriction in their 
schedules. Therefore, 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 could 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, telephone (314) 539-3900, extension 378.
    Small businesses may send comments on the action 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 calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    We have analyzed this rule under Executive Order 13132 and have 
determined that this rule does not have implications for federalism 
under that Order.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government having first provided the funds to pay 
those unfunded mandate costs. This rule will not impose an unfunded 
mandate.

Taking of Private Property

    This rule will not effect 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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under figure 2-1, paragraph (32), of Commandant 
Instruction M16475.1C, this rule is categorically excluded from further

[[Page 26795]]

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

    Bridges.

    For the reason discussed in the preamble, the Coast Guard amends 33 
CFR 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 Pub. L. 102-587, 
106 Stat. 5039.


    2. Effective 7:30 a.m. on February 26, 2001 through 7:30 a.m. on 
July 2, 2001, 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; Cass 
Street Bridge, mile 288.1; Jackson Street Bridge, mile 288.4 and the 
Ruby Street Bridge, mile 288.7; 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 Jefferson Street Bridge shall 
remain in the open-to-navigation position during the period February 
26, 2001 to July 2, 2001 for repairs.

    Dated: March 30, 2001.
J.C. Van Sice,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard 
District.
[FR Doc. 01-12115 Filed 5-14-01; 8:45 am]
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