[Federal Register: September 11, 2003 (Volume 68, Number 176)]
[Rules and Regulations]
[Page 53513-53515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se03-11]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-03-011]
RIN 1625-AA09
Drawbridge Operation Regulation; Mississippi River, Iowa and
Illinois
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is changing the regulation governing the Rock
Island Railroad & Highway Drawbridge, across the Upper Mississippi
River at Mile 482.9, at Rock Island, Illinois. The drawbridge need not
open for river traffic and may remain in the closed-to-navigation
position from 7:30 a.m. to 11:30 a.m. on September 28, 2003. This rule
would allow the annually scheduled running of a foot race as part of a
local community event.
DATES: This rule is effective 7:30 a.m. to 11:30 a.m., September 28,
2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD08-03-011] and are available for inspection or
copying at room 2.107f in the Robert A. Young Federal Building at
Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 539-3900, extension 2378.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On July 29, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Mississippi River,
Iowa and Illinois in the Federal Register (68 FR 44506). We received no
comment letters on the proposed rule. No public hearing was requested,
and none was held.
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. Hundreds of foot race participants
will cross the bridge during the effective period of this rule. As a
matter of public safety, it is essential that the bridge remain in the
closed to navigation position during the effective period.
[[Page 53514]]
Background and Purpose
The Department of the Army Rock Island Arsenal requested a
temporary change to the operation of the Rock Island Railroad & Highway
Drawbridge across the Upper Mississippi River, Mile 482.9 at Rock
Island, Illinois to allow the drawbridge to remain in the closed to
navigation position for a four hour period while a foot race is run
across the drawbridge. Navigation on the waterway consists primarily of
commercial tows and recreational watercraft that will be minimally
impacted by the limited closure period of four hours. Presently, the
draw opens on signal for passage of river traffic. The Rock Island
Arsenal requested the drawbridge be permitted to remain closed-to-
navigation from 7:30 a.m. until 11:30 a.m. on Sunday, September 28,
2003.
Discussion of Comments and Changes
The Coast Guard received no comment letters. No changes will be
made to this final rule.
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 change to operation of
the Rock Island Railroad & Highway Drawbridge to have minimal economic
impact on commercial traffic operating on the Upper Mississippi River.
This temporary change has been written in such a manner as to allow for
minimal interruption of the drawbridge's regular operation.
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
areindependently 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
would not have a significant economic impact on a substantial number of
small entities. This rule will be in effect for only 4 hours early on a
Sunday morning, and the Coast Guard expects the impact of this action
to be minimal.
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 could better evaluate
its effects on them and participate in the rulemaking. 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 common on actions by employees of the
Coast Guard, call 1-800-REG-FAIR (1-800-734-3247).
Collection of Information
This rule calls for 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 create 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 would 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 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. Paragraph 32(e) excludes the promulgation
of operating regulations or procedures for drawbridges from the
environmental documentation requirements of the National Environmental
Policy Act (NEPA). Since this regulation would alter the normal
operating conditions of the drawbridge, it falls within this exclusion.
A ``Categorical Exclusion Determination'' is available in the
[[Page 53515]]
docket for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 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. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Effective 7:30 a.m. to 11:30 a.m. on September 28, 2003, Sec.
117.T395 is added to read as follows:
Sec. 117.T395 Upper Mississippi River.
Rock Island Railroad and Highway Drawbridge, Mile 482.9, Upper
Mississippi River.
From 7:30 a.m. to 11:30 a.m. on September 28, 2003 the drawspan
need not open for river traffic and may be maintained in the closed-to-
navigation position.
Dated: September 2, 2003.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 03-23183 Filed 9-10-03; 8:45 am]
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