[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Rules and Regulations]
[Pages 66751-66753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31841]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-01-042]
RIN 2115-AE47


Drawbridge Operation Regulation; Mississippi River, Iowa and 
Illinois

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Commander, Eighth Coast Guard District is temporarily 
changing the regulation governing the Rock Island Railroad and Highway 
Drawbridge, Mile 482.9, Upper Mississippi River. The drawbridge will be 
allowed to remain closed to navigation from 8 a.m., December 19, 2001, 
until 8 a.m., March 11, 2002. This change is necessary to perform 
annual maintenance and repair work on the bridge.

DATES: This temporary rule is effective from 8 a.m. Central Standard 
Time (CST) on December 19, 2001, to 8 a.m. Central Standard Time (CST) 
on March 11, 2002.

ADDRESSES: Material received from the public, as well as documents 
indicated in this preamble as being available in the docket, are part 
of docket CGD08-01-042 and are available for inspection or copying at 
room 2.107f in the Robert A. Young Federal Building at the 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: Mr. Roger K. Wiebusch, Bridge 
Administrator, Eighth Coast Guard District, Bridge Branch at (314) 539-
3900, extension 378.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    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 due to the short time frame allowed between the 
submission of the request by the Department of the Army, Rock Island 
Arsenal and the date of requested closure. The Coast Guard received the 
request from the Department of the Army, Rock Island Arsenal, on 25 
October 2001. Winter conditions on the Upper Mississippi River coupled 
with the closure of the Army Corps of Engineers' Lock No. 24 (Mile 
273.4 UMR) until March 2, 2002 and Lock No. 12 (Mile 556.7) until March 
11, 2002, will preclude any significant navigation demands for the 
drawspan opening .
    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. This temporary drawbridge 
operation amendment has been coordinated with the commercial waterway 
operators. No objections were raised.

Background and Purpose

    On October 25, 2001, the Department of the Army, Rock Island 
Arsenal requested a temporary change to the operation of the Rock 
Island Railroad and Highway Drawbridge across the Upper Mississippi 
River, Mile 482.9 at Rock Island, Illinois. The Department of the Army, 
Rock Island Arsenal requested that the drawbridge be temporarily closed 
to navigation in order to perform necessary maintenance and bridge 
repair during the winter months.
    The Rock Island Railroad and Highway Drawbridge has a vertical 
clearance of 23.8 feet above normal pool in the closed-to-navigation 
position. Navigation on the waterway consists primarily of commercial 
tows and recreational watercraft. Presently, the

[[Page 66752]]

draw opens on signal for passage of river traffic. The Department of 
the Army, Rock Island Arsenal requested the drawbridge be permitted to 
remain closed-to-navigation from 8 a.m., December 19, 2001, until 8 
a.m., March 11, 2002. Winter conditions on the Upper Mississippi River 
coupled with the closure of the Army Corps of Engineers' Lock No. 24 
(Mile 273.4 UMR) until March 2, 2002 and Lock No. 12 (Mile 556.7) until 
March 11, 2002, will preclude any significant navigation demands for 
the drawspan opening. The Rock Island Railroad and Highway Drawbridge, 
Mile 482.9 Upper Mississippi River, is located upstream from Lock 24. 
Performing maintenance on the bridge during the winter months when no 
vessels are impacted is preferred to bridge closures or advance 
notification requirements during the commercial navigation season. This 
temporary drawbridge operation amendment has been coordinated with the 
commercial waterway operators. No objections 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 Transportation 
(DOT) (44 FR 11040, February 26, 1979).
    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 DOT is unnecessary. 
This is because river traffic will be extremely limited by lock 
closures and ice during this period.

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.

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 378.
    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 this rule 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 or $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 considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1 (series), this rule is categorically excluded from 
further environmental documentation. Promulgation of changes to 
drawbridge regulations has been found not to have significant effects 
on the human environment. A ``Categorical Exclusion Determination'' is 
available in the docket for inspection or copying where indicated under 
ADDRESSES.

[[Page 66753]]

List of Subjects in 33 CFR Part 117

    Bridges.


    For the reasons 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).

    2. From 8 a.m., December 19, 2001, through 8 a.m., March 11, 2002, 
Sec. 117. T392 is added to read as follows:


Sec. 117.T392  Upper Mississippi River.

    Rock Island Railroad and Highway Drawbridge Mile 482.9 Upper 
Mississippi River.
    From 8 a.m. (CST), December 19, 2001 through 8 a.m. (CST), March 
11, 2002, the drawspan is allowed to be maintained in the closed to 
navigation position and need not open for vessel traffic.

    Dated: December 7, 2001.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 01-31841 Filed 12-26-01; 8:45 am]
BILLING CODE 4910-15-P