[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Rules and Regulations]
[Pages 2035-2036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-760]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD 08-99-069]
RIN 2115-AE47
Temporary Drawbridge Regulations; Mississippi River, Iowa and
Illinois
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Coast Guard is temporarily changing the drawbridge
operation regulation governing the Burlington Railroad Drawbridge, Mile
403.1, Upper Mississippi River. The drawbridge shall open on signal if
at least six (6) hours advance notice is given from 8 a.m. on December
31, 1999, until 8 a.m. on March 1, 2000. This arrangement is necessary
to perform annual maintenance and repair work on the bridge.
DATES: This temporary rule is effective from 8 a.m. on December 31,
1999, until 8 a.m. on March 1, 2000.
ADDRESSES: The public docket and all 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 Commander (obr), Eighth Coast
Guard District, 1222 Spruce Street, St. Louis, MO 63101-2832, between 7
a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge
Administrator; Commander (obr), Eighth Coast Guard District, Bridge
Branch, 1222 Spruce Street, St. Louis, MO 63101-2832, telephone (314)
539-3900, extension 378.
SUPPLEMENTARY INFORMATION:
Regulatory History
On November 24, 1999, Burlington Northern Santa Fe requested a
temporary change to the operation of the Burlington Railroad Drawbridge
across the Upper Mississippi River, Mile 403.1 at Burlington, Iowa. The
Railroad requested that the bridge be allowed to open for navigation
between December 31, 1999 and March 1, 2000 upon a six (6) hour advance
notice so that necessary maintenance and bridge repair activities can
be performed. Advance notice may be given by calling Al Poole, (309)
345-6103 during work hours and Larry Moll, (309) 752-5244, after hours.
In accordance with 5 U.S.C. 533, 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. Following normal
rulemaking procedures would be impractical. Delaying implementation of
the regulation will not benefit navigation and would result in
unnecessary delays in repairing the bridge.
Background and Purpose
The Burlington Railroad Drawbridge has a vertical clearance of 21.5
feet above normal pool in the closed to navigation position. Navigation
on the waterway consists of commercial tows and recreational
watercraft. Presently the draw opens on signal for passage of river
traffic. This temporary drawbridge operation amendment has been
coordinated with the commercial waterway operators. No one objected to
the proposed amendment. Winter conditions on the Upper Mississippi
River coupled with the closure of Army Corps of Engineer's Lock No. 21
until March 1, 2000, will preclude any significant navigation demands
for the drawspan openings. The Burlington Railroad Drawbridge is
located downstream of Lock 18 and upstream of Lock 19. Performing
maintenance on the bridge during the winter when no
[[Page 2036]]
vessels are impacted is preferred to bridge closures or advance
notification requirements during the commercial navigation season.
Regulatory Evaluation
This temporary rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential cost 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 10e 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.
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 costs. This rule would not impose an unfunded mandate.
Taking of Private Property
This rule would 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.
Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., the
Coast Guard must consider whether this temporary rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. Because it expects the impact of this
action to be minimal, the Coast Guard certifies under 5 U.S.C. 605(b),
that this action will not have economic impact on a substantial number
of small entities.
Collection of Information
This temporary rule contains no collection-of-information
requirements under the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.).
Federalism Assessment
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Agreement.
Environment Assessment
The Coast Guard considered the environmental impact of this
temporary rule and concluded that this action is categorically excluded
from further environmental documentation in accordance with Section
2.B.2, Figure 2-1 (32)(e) of the National Environmental Policy Act
Implementing Procedures, COMDTINST M16475.1C. A Categorical Exclusion
Determination is available for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Temporary Regulations
In consideration of the foregoing, Part 117 of Title 33, Code of
Federal Regulations, is amended 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-(g);
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Effective 8 a.m. on December 31, 1999, through 8 a.m. on March
1, 2000, a temporary Sec. 117.T410 is added to read as follows:
Sec. 117.T410 Upper Mississippi River.
Burlington Railroad Drawbridge, Mile 403.1, Upper Mississippi
River. From 8 a.m. on December 31, 1999 through 8 a.m. on March 1,
2000, the drawspan shall open on signal if at least six (6) hours
advance notification is given. Advance notice may be given by calling
(309) 345-6103 during work hours and (309) 752-5244 after hours.
Dated: December 27, 1999.
K.J. Eldridge,
Captain, United States Coast Guard, Acting Commander, Eighth Coast
Guard District.
[FR Doc. 00-760 Filed 1-12-00; 8:45 am]
BILLING CODE 4910-15-P
