[Federal Register: January 5, 2004 (Volume 69, Number 2)]
[Rules and Regulations]
[Page 267-268]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja04-7]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-03-048]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Dubuque, IA
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 Illinois Central Railroad
Drawbridge, Mile 579.9, Upper Mississippi River. From December 17,
2003, until March 15, 2004, the drawbridge shall open on signal if at
least 24 hours advance notice is given. This temporary rule is issued
to facilitate annual maintenance and repair on the bridge.
DATES: This temporary rule is effective 12:01 a.m. on December 17, 2003
until 9 a.m. on March 15, 2004.
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. This rule is being promulgated
without an NPRM because the limited effect on vessel traffic makes
notice and comment unnecessary. Maintenance on the bridge will not
begin until after the closure of Lock 22 on the Mississippi River.
After that time, only commercial vessels left in the pools above Lock
22 will be able to transit through the bridge. Both the bridge and lock
closure recur at the same time each year, and local vessel operators
plan for the closures in advance. Prompt publication of this rule is
also necessary to protect the public from safety hazards associated
with conducting maintenance on the bridge.
Background and Purpose
On November 17, 2003, the Canadian National/Illinois Central
Railroad Company requested a temporary change to the operation of the
Illinois Central Railroad Drawbridge across the Upper Mississippi
River, Mile 579.9 at Dubuque, Iowa. Canadian National/Illinois Central
Railroad Company requested that 24 hours advance notice be required to
open the bridge during the maintenance period. The maintenance is
necessary to ensure the continued safe operation of the drawbridge.
Advance notice may be given by calling the Canadian National/Illinois
Central Dispatcher's office at (800) 711-3477 at any time; or Mr. Mike
McDermott, office (319) 236-9238 or cell phone (319) 269-2102.
The Illinois Central Railroad Drawbridge navigation span has a
vertical clearance of 19.9 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 Canadian National/Illinois
Central Railroad Company requested the drawbridge be permitted to
remain closed to navigation from 12:01 a.m., December 17, 2004, until 9
a.m., March 15, 2004 unless 24 hours advance notice is given to open
the drawbridge. Winter freezing of the Upper Mississippi River coupled
with the closure of Army Corps of Engineer's Lock No. 22 (Mile 301.2
UMR) until 7:30 a.m. March 15, 2004 will reduce any significant
navigation demands for the drawspan opening. The Illinois Central
Railroad Drawbridge, Mile 579.9, Upper Mississippi River, is located
upstream from Lock 22. Performing maintenance on the bridge during the
winter when the number of vessels likely to be impacted is minimal is
preferred to restricting vessel traffic during the commercial
navigation season.
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).
Because vessel traffic in the area of Dubuque, Iowa will be greatly
reduced by winter icing of the Upper Mississippi River and the closure
of Lock 22, it is expected that this rule will have minimal economic or
budgetary effects on the local community.
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.
This temporary rule will have a negligible impact on vessel traffic.
The primary users of the Upper Mississippi River in Dubuque, Iowa are
commercial towboat operators. With the onset of winter conditions on
the Upper Mississippi River coupled with the closure of Army Corps of
Engineers' Lock No. 22 (Mile 301.2 UMR) until March 15, 2004, there
will be few, if any, significant navigation demands for the drawspan
opening. Vessels may still transit through the bridge with 24-hour
advanced notification.
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 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.
[[Page 268]]
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.
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
documentation.
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. Sec. 499; 33 CFR 1.05-1(g); Department of
Homeland Security Delegation No. 0170.1; section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Effective 12:01 a.m., December 17, 2003, through 9 a.m., March 15,
2004, Sec. 117.T408 is added to read as follows:
Sec. 117.T408 Upper Mississippi River.
Illinois Central Railroad Drawbridge, Mile 579.9, Upper Mississippi
River. From 12:01 a.m., December 17, 2003 through 9 a.m., March 15,
2004, the drawspan requires 24 hours advance notice for bridge
operation. Bridge opening requests must be made 24 hours in advance by
calling the Canadian National/Illinois Central Dispatcher's office at
(800) 711-3477 at any time or Mr. Mike McDermott, office (319) 236-9238
or cell phone (319) 269-2102.
Dated: December 19, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 04-53 Filed 1-2-04; 8:45 am]
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