[Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
[Rules and Regulations]
[Pages 50253-50254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24193]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-99-056]
RIN 2115-AE47
Drawbridge Operating Regulation; Upper Mississippi River, Iowa
and Illinois
AGENCY: Coast Guard, DOT.
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, Mile 482.9, Upper Mississippi River. The drawbridge need
not open for vessel traffic and may remain in the closed-to-navigation
position from 4:00 p.m. to 6:30 p.m. and 9:00 p.m. to 10:30 p.m. on
September 19, 1999. This temporary rule is issued to allow the public
to cross the bridge to attend the scheduled Dog Days of Summer Army
Concert, a community event.
DATES: This temporary rule is effective from 4:00 p.m. to 10:30 p.m. on
September 19, 1999.
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, Missouri 63103-2832,
between 7 a.m. and 4 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Roger K. Wiebusch, Bridge Administrator; Eight Coast Guard District,
Bridge Branch, 1222 Spruce Street, St., Louis, Missouri 63103-2832,
telephone 314-539-3900 extension 378.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 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 the
drawbridge be permitted to remain closed to navigation from 4:00 p.m.
to 6:30 p.m. and 9:00 p.m. to 10:30 p.m. on September 19, 1999. During
this time the public will be crossing the bridge to attend the
scheduled Dog Days of Summer Army Concert.
This rule is being promulgated without a Notice of Proposed
Rulemaking and should be made effective in less than 30 days due to the
short time frame provided between the submission of the request by the
Rock Island Arsenal and the date of the scheduled event. For this
reason, the Coast Guard determined good cause exists, according to 5
U.S.C. 553, to eliminate public comment period. The rule should be made
effective in less than 30 days after publication.
Discussion of Temporary Rule
The Rock Island Drawbridge navigation span provides 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 is required to
open on signal for passage of river traffic. This temporary drawbridge
operation amendment has been coordinated with the commercial waterway
operators. No objections to the proposed rule were raised.
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
[[Page 50254]]
section 6(a)(3) of that order. It has not been reviewed by the Office
of Management and Budget under that order. It is not a 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 government 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. belong to the Coast Guard by Federal
statutes.
Environmental
The Coast Guard considered the environmental impact of this
temporary rule and concluded that under Figure 1-1, paragraph 32(3) 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 Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard is
amending Part 117 of Title 33, Code of Federal Regulations, as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for Part 177 continues to read as
follows:
Authority: 33 U.S.C. Sec. 499; 49 CFR 1.46; 33 CFR 1.05-1(g);
section 117.225 also issued under the authority of Pub. L. 102-587,
106 Stat. 5039.
2. From 4:00 p.m. to 10:30 p.m., September 19, 1999, a new
Sec. 117.T408 is temporarily added to read as follows:
Sec. 117.T408 Upper Mississippi River
The draw of the Rock Island Railroad & Highway Drawbridge, Upper
Mississippi River, mile 482.9, at Davenport, Iowa need not open from
4:00 p.m. to 6:30 p.m. and 9:00 p.m. to 10:30 p.m. on September 19,
1999. During this time it may remain closed to navigation.
Dated: September 9, 1999.
Paul J. Plute,
Rear Admiral, U.S. Coast Guard, Commander Eighth Coast Guard District.
[FR Doc. 99-24193 Filed 9-15-99; 8:45 am]
BILLING CODE 4910-15-M
