[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Rules and Regulations]
[Pages 59316-59318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26032]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-03-026]
RIN 1625-AA09
Drawbridge Operation Regulation; Illinois Waterway, IL
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 McDonough Street Bridge, mile
287.3; Jefferson Street Bridge, mile 287.9; Cass Street Bridge, mile
288.1; Jackson Street Bridge, mile 288.4; and the Ruby Street Bridge,
mile 288.7, across the Illinois Waterway at Joliet, Illinois. The
drawbridges, with the exception of the Jefferson Street Bridge, will be
allowed to remain closed to navigation from 7:30 a.m. to 9 a.m. and 4
p.m. to 5:30 p.m., Monday through Saturday. The Jefferson Street Bridge
will remain in the open to navigation position while unscheduled
structural steel repairs are made. This temporary rule is issued to
facilitate vehicle traffic management and structural steel repairs to
the Jefferson Street Bridge.
DATES: This temporary rule is effective from 7:30 a.m., July 18, 2003
until 7:30 a.m., November 1, 2003.
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
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. Structural steel deficiencies
developed after a barge allided with the Jefferson Street Bridge,
requiring the bridge to be closed to vehicular traffic and remain open
to navigation. Until such time as the Jefferson Street Bridge is
repaired, vehicular traffic in the City of Joliet, Illinois must be
diverted to other bridges in the area, resulting in greater congestion
and an increased likelihood of vehicular accidents and injuries. Since
the repairs will take approximately four months to complete, it is
important that the other bridges in the area immediately modify their
hours to allow rush hour traffic to flow efficiently, reducing the
likelihood of accident or injury.
Good Cause for Making Rule Effective in Less Than 30 Days
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. Structural steel deficiencies
developed after a barge allided with the Jefferson Street Bridge,
requiring the bridge to be closed to vehicular traffic and remain open
to navigation. Until such time as the Jefferson Street Bridge is
repaired, vehicular traffic in the City of Joliet, Illinois must be
diverted to other bridges in the area, resulting in greater congestion
and an increased likelihood of vehicular accidents and injuries. Since
the repairs will take approximately four months to complete, it is
important that the other bridges in the area immediately modify their
hours to allow rush hour traffic to flow
[[Page 59317]]
efficiently, reducing the likelihood of accident or injury.
Background and Purpose
Due to structural steel damage sustained from a barge allision to
the Jefferson Street Bridge, mile 287.9, Illinois Waterway, the bridge
must remain in the open to navigation (closed to motor vehicle traffic)
position at all times. As a result, the Illinois Department of
Transportation requested a temporary change to the current regulations
for the remaining four bascule leaf drawbridges within the city of
Joliet that carry vehicular traffic across the Illinois Waterway.
Increasing the hours that the four remaining bridges are closed to
navigation and available for vehicle use only during peak traffic
periods will reduce traffic jams in the City of Joliet while having
minimal impact on vessel traffic on the Illinois Waterway. Repairs to
the Jefferson Street Bridge are expected to be complete by November 1,
2003.
The current regulations permit the bridges to remain closed to
navigation during the commuter hours of 7:30 a.m. to 8:30 a.m. and 4:15
p.m. to 5:15 p.m., Monday through Saturday. By increasing the time the
remaining bridges may remain closed to navigation by thirty minutes in
the morning and afternoon, traffic buildup in the city will be greatly
alleviated. This regulation will result in these bridges, with the
exception of the Jefferson Street Bridge being closed to navigation
from 7:30 a.m. to 9 a.m. and from 4 p.m. to 5:30 p.m., Monday through
Saturday. The Jefferson Street Bridge will be in the open to navigation
position for structural steel repairs. Navigation on the waterway
consists primarily of commercial tows and recreational watercraft. This
temporary drawbridge operation regulation has been coordinated with
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 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).
The Coast Guard expects that this temporary final rule will have
minimal economic impact on the City of Joliet, Illinois and users of
the affected waterways. This temporary final rule has been written in
such a manner as to allow for the prompt and necessary repair of the
Jefferson Street Bridge while facilitating vessel and vehicular traffic
in the area.
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.
The temporary rule will have a negligible impact on vessel traffic. The
primary users of the Illinois Waterway in Joliet, IL are commercial
towboat operators. On average, eight vessels per day transit the
affected bridges. Of these, one or two may have to adjust their speed
and schedules to arrive at the affected bridges prior to, or after, the
times the bridges are closed to navigation.
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 (Public Law 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 it 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
regulatory 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 of $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 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 does 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.
[[Page 59318]]
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 analyzed this rule under Commandant Instruction M16475.1D,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph 32(e), of the Instruction, from further
environmental documentation.
A final ``Categorical Exclusion Determination'' is available in the
docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
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
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Public Law 102-587, 106 Stat. 5039.
0
2. From 7:30 a.m. on July 18, 2003, through 7:30 a.m. on November 1,
2003, paragraph (c) of Sec. 117.393, is suspended and a new paragraph
(e) is added to read as follows:
Sec. 117.393 Illinois waterway.
* * * * *
(e) The draws of the McDonough Street Bridge, mile 287.3; Cass
Street Bridge, mile 288.1; Jackson Street Bridge, mile 288.4; Ruby
Street Bridge, mile 288.7; all of Joliet, shall open on signal, except
that they need not open from 7:30 a.m. to 9 a.m. and from 4 p.m. to
5:30 p.m. Monday through Saturday. The Jefferson Street Bridge shall
remain in the open to navigation position from 7:30 a.m., July 18,
2003, through 7:30 a.m. on November 1, 2003.
Dated: July 10, 2003.
Robert F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-26032 Filed 10-14-03; 8:45 am]
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