[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Proposed Rules]
[Pages 39454-39455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18748]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-99-031]
RIN 2115-AE47
Drawbridge Operating Regulations; Mississippi River, Iowa and
Illinois
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes a temporary change to the regulation
governing the Rock Island Railroad and Highway Drawbridge, Mile 482.9,
Upper Mississippi River. Under the proposed rule the drawbridge need
not open for vessel traffic and may remain in the closed-to-navigation
position from 7:30 a.m. to 11:30 a.m. on September 26, 1999. This
temporary rule would allow the scheduled running of the Quad City
Marathon as part of a local community event.
DATES: Comments must be received on or before August 23, 1999.
ADDRESSES: Comments can be mailed to Commander, Eighth Coast Guard
District (obr), 1222 Spruce Street, St. Louis, Missouri 63103-2832,
between 7 a.m. and 4 p.m., Monday through Friday except Federal
holidays. Comments will become part of the public docket and will be
available for copying and inspection in room 2.107f at the same
address.
FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge
Administrator; Eighth Coast Guard District, Bridge Branch, 1222 Spruce
Street, St. Louis, Missouri 63103-2832, telephone 314-539-3900
extension 378.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested parties to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 08-99-031) and the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit two copies of all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgement of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a public
hearing in writing to the address under ADDRESSES. The request should
include the reasons why a hearing would be beneficial. If the Coast
Guard determines that the opportunity for oral presentations will aid
this rulemaking, it will hold a public hearing at a time and place
announced by a notice in the Federal Register.
[[Page 39455]]
Background and Purpose
On May 8, 1999, the Department of 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 Davenport, Iowa. The Rock Island Arsenal requested that
the drawbridge be permitted to remain closed to navigation from 7:30
a.m. to 11:30 a.m. on September 26, 1999. During this time participants
in the Quad City Marathon will cross the bridge.
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.
A short comment period of thirty days is being provided for
interested parties to express their views. The comment period will
allow affected individuals in the local areas to participate in the
rulemaking and will allow the Coast Guard to publish a final rule prior
to the event. If comments are received, the Coast Guard may change this
proposed rule.
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 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
four hours.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. Sec. 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 small businesses and 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.
Because it expects the impact of this action to be minimal, the
Coast Guard certifies under 5 U.S.C. Sec. 605(b), that this action will
not have a significant economic impact on a substantial number of small
entities.
Collection of Information
This temporary rule does not provide for a collection-of-
information requirement under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
Federalism
The Coast Guard has analyzed this temporary rule under the
principles and criteria contained in Executive Order 12612, and has
determined that this temporary rule does not raise sufficient
implications of federalism to warrant the preparation of a Federalism
Assessment. The authority to regulate the permits of bridges over the
navigable waters of the U.S. belongs to the Coast Guard by Federal
statutes.
Environmental
The Coast Guard considered the environmental impact of this
temporary rule and concluded that under Figure 2-1, paragraph 32(e) of
Commandant Instruction M16475.1C, this temporary rule is categorically
excluded from further environmental documentation. A Categorical
Exclusion Determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subject in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard proposes
to amend Part 117 of Title 33, Code of Federal Regulations, 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. to 11:30 a.m. on September 26, 1999,
Sec. 117.T388 is added to read as follows:
Sec. 117.T388 Upper Mississippi River.
The Rock Island Railroad and Highway Drawbridge, at mile 482.9,
Upper Mississippi River, opens on signal, except that from 7:30 a.m. to
11:30 a.m. on September 26, 1999, the drawspan need not open for vessel
traffic and may be maintained in the closed-to-navigation position.
Dated: July 2, 1999.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 99-18748 Filed 7-21-99; 8:45 am]
BILLING CODE 4910-15-M
