[Federal Register: November 12, 2003 (Volume 68, Number 218)]
[Rules and Regulations]               
[Page 63986-63988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no03-5]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-03-042]
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 Commander, Eighth Coast Guard District, is temporarily 
changing the regulation governing the Rock Island Railroad and 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., 
December 15, 2003, until 7:30 a.m., March 15, 2004. This temporary rule 
is issued to facilitate annual maintenance and repair on the bridge.

DATES: This temporary rule is effective from 7:30 a.m., December 15, 
2003, until 7:30 a.m., 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

[[Page 63987]]

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 affect 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 pool 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 September 17, 2003, 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 to allow the drawbridge to 
remain in the closed to navigation from 7:30 a.m., December 15, 2003, 
until 7:30 a.m., March 15, 2004. Department of the Army, Rock Island 
Arsenal, requested that the drawbridge remain closed to navigation to 
allow the bridge owner time for preventive maintenance that is 
essential to the continued safe operation of the drawbridge.
    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 draw opens on signal 
for passage of river traffic. 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 Rock 
Island Railroad & Highway Drawbridge, Mile 482.9, 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 Rock Island, Illinois 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 Rock Island, 
Illinois 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.
    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.
    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 
regulation 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

[[Page 63988]]

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 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 in the 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; 33 CFR 1.05-1(g); Department of 
Homeland Security Delegation No. 0170; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

0
2. From 7:30 a.m., December 15, 2003, through 7:30 a.m., March 15, 
2004, 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., December 15, 2003 through 7:30 a.m., March 15, 
2004, the drawspan need not open for river traffic and may be 
maintained in the closed-to-navigation position.

    Dated: October 30, 2003.
J.W. Stark,
Captain, U.S. Coast Guard, Acting Commander, Eighth Coast Guard 
District.
[FR Doc. 03-28319 Filed 11-10-03; 8:45 am]

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