[Federal Register: December 27, 2002 (Volume 67, Number 249)]
[Rules and Regulations]
[Page 78977-78979]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de02-15]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-02-043]
RIN 2115-AE47
Drawbridge Operation Regulation; Mississippi River, Burlington,
IA
AGENCY: Coast Guard, DOT.
ACTION: Temporary rule.
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SUMMARY: The Commander, Eighth Coast Guard District is temporarily
changing the regulation governing the Burlington Railroad Drawbridge,
Mile 403.1, Upper Mississippi River. From 12:01 a.m., December 15,
2002, until 7 a.m., March 15, 2003, the drawbridge shall open on signal
if at least 6 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 15,
2002, to 7 a.m. on March 15, 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. Commander, Eighth Coast Guard District (obr)
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 as a matter of public safety. Annual maintenance on the
Burlington Railroad Drawbridge in Burlington, Iowa is performed by a
roving railroad maintenance crew whose schedule is difficult to
forecast. In order to keep up with maintenance of all drawbridges in
the area, the maintenance crew must move quickly from one maintenance
job to the next. Publishing an NPRM and allowing for the requisite
comment period would severely reduce the repair time and prevent the
maintenance crew from completing annual maintenance to the drawbridge.
Therefore, the Coast Guard finds the public safety is better served by
not publishing an NPRM.
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. For the same reasons that an NPRM
was not published, the Coast Guard finds that public safety is better
served by making this rule effective less than 30 days after its
publication.
Background and Purpose
On November 15, 2002, the Burlington Northern Santa Fe Railway
Company requested a temporary change to the operation of the Burlington
Railroad Drawbridge across the Upper Mississippi River, Mile 403.1 at
Burlington, Iowa. Burlington Northern Santa Fe Railway Company
requested that 6 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 Mr. Craig D. Krause, Burlington Northern Santa Fe
Railway Company, Supervisor of Structures, at (402) 458-7652 during
normal working hours, or Mr. Joe Hicks, at (319) 394-9431.
The Burlington Railroad Drawbridge navigation span has a vertical
clearance of 21.5 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 Burlington Northern Santa Fe Railway
Company requested the drawbridge be permitted to remain closed to
navigation from 12:01 a.m., December 15, 2002, until 7 a.m., March 15,
2003 unless 6 hours advance notice is given to open the drawbridge to
allow time to make repairs. The Burlington Railroad Drawbridge, Mile
403.1, Upper Mississippi River, is located upstream from Lock 19.
Winter freezing of the Upper Mississippi River coupled with the closure
of Army Corps of Engineer's Lock No. 17 (Mile 437.0 UMR), Lock No. 19
(Mile 364.1 UMR) until 7:30 a.m. March 1, 2003 and Lock No. 24 (Mile
273.4 UMR) until March 15, 2003 will reduce any significant navigation
demands for the drawspan opening. 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. This temporary change to the drawbridge's
operation has been coordinated with the 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 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).
Because vessel traffic in the area of Burlington, Iowa will be
greatly reduced by winter icing of the Upper Mississippi River and the
closure of Locks 17, 19, and 24 it is expected that this rule will
[[Page 78978]]
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.
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.
The temporary rule will have a negligible impact on vessel traffic.
The primary users of the Upper Mississippi River in Burlington, Iowa
are commercial towboat operators. The onset of winter conditions on the
Upper Mississippi River coupled with the closure of Army Corps of
Engineer's Lock No. 17 (Mile 437.0 UMR), Lock No. 19 (Mile 364.1 UMR)
until March 1, 2003 and Lock No. 24 (Mile 273.4 UMR) until March 15,
2003 will preclude any significant navigation demands for the drawspan
opening. In order to obtain a bridge opening, an advance notice of 6
hours is required. This requirement has been coordinated with the local
fleeting-harbor owners, the railroad, and navigation interests in the
area.
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.
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
The Coast Guard considered the environmental impact of this rule
and concluded that under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.1D, this rule is categorically excluded from further
environmental documentation. Promulgation of changes to drawbridge
regulations has been found not to have significant effect on the human
environment. 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.
Regulations
For the reasons set out in the preamble, the Coast Guard amends
Part 117 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 Public Law 102-
587, 106 Stat. 5039.
2. Effective 12:01 a.m., December 15, 2002, through 7 a.m., March
15, 2003, Sec. 117.T408 is temporarily added to read as follows:
Sec. 117.T408 Upper Mississippi River.
Burlington Railroad Drawbridge, Mile 403.1, Upper Mississippi
River. From 12:01 a.m., December 15, 2002 through
[[Page 78979]]
7 a.m., March 15, 2003, the drawspan requires 6 hours advance notice
for bridge operation. Bridge opening requests must be made 6 hours in
advance by calling Mr. Craig D. Krause, Burlington Northern Santa Fe
Railway Company, Supervisor of Structures, at (402) 458-7652 during
normal working hours, or Mr. Joe Hicks at (319) 394-9431.
Dated: December 13, 2002.
Roy J. Casto,
Rear Admiral, Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-32723 Filed 12-26-02; 8:45 am]
BILLING CODE 4910-15-P