Jump to main content.

Drawbridge Operation Regulation; Upper Mississippi River

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: May 15, 2000 (Volume 65, Number 94)]
[Rules and Regulations]
[Page 30882-30883]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15my00-14]

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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD 08-00-009]
RIN 2115-AE47


Drawbridge Operation Regulation; Upper Mississippi River

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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

SUMMARY: The Commander, Eighth Coast Guard District is temporarily
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 8 a.m. to 10 a.m.
on May 14, 2000. This temporary rule is issued to allow the scheduled
running of a foot race as part of a local community event.

DATES: This rule is effective from 8 a.m. Central Standard Time on May
14, 2000 to 10 a.m. Central Standard Time on May 14, 2000.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD 08-00-009 and 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 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, 1222 Spruce
Street, St. Louis, MO 63103-2832, 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 U.S. Army and the date of the event.
    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 rule should be made effective
in less than 30 days due to the short time frame allowed between the
submission of the request by the U.S. Army and the date of the event.

Background and Purpose

    On March 6, 2000, the Department of 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. The Rock Island Railroad Drawbridge
navigation span 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. The
Rock Island Arsenal requested the drawbridge be permitted to remain
closed-to-navigation from 8 a.m. until 10 a.m. on May 14, 2000. During
this time, a foot race will cross the bridge. This temporary drawbridge
operation regulation has been coordinated with the commercial waterway
operators. No objections to the proposed temporary rule were raised.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of

[[Page 30883]]

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 policies 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 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 is not likely to be delayed more than 2
hours.

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.
    This rule will be in effect for only 2 hours early in the day and
the Coast Guard expects the impact of this action to be minimal.
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 offer 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, 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 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's 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 E.O. 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 E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under E.O. 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.

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
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 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 of 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. From 8 a.m. to 10 a.m. on May 14, 2000, Sec. 117.T394 is
temporarily added to read as follows:

Sec. 117.T394  Upper Mississippi River.

    Rock Island Railroad and Highway Drawbridge, Mile 482.9, Upper
Mississippi River. From 8 a.m. to 10 a.m. on May 14, 2000 the drawspan
need not open for river traffic and may be maintained in the closed-to-
navigation position.

    Dated: April 24, 2000.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 00-12074 Filed 5-12-00; 8:45 am]
BILLING CODE 4910-15-U

 
 

Local Navigation

Jump to main content.