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Rule

Drawbridge Operation Regulation; Mississippi River, Burlington, IA

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Coast Guard, DOT.

ACTION:

Temporary rule.

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.

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FOR FURTHER INFORMATION CONTACT:

Mr. Roger K. Wiebusch, Bridge Administrator, (314) 539-3900, extension 2378.

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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 Start Printed Page 78978have 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.

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List of Subjects in 33 CFR Part 117

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Regulations

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For the reasons set out in the preamble, the Coast Guard amends Part 117 as follows:

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PART 117—DRAWBRIDGE OPERATION REGULATIONS

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1. The authority citation for part 117 continues to read as follows:

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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.

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2. Effective 12:01 a.m., December 15, 2002, through 7 a.m., March 15, 2003, § 117.T408 is temporarily added to read as follows:

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Upper Mississippi River.

Burlington Railroad Drawbridge, Mile 403.1, Upper Mississippi River. From 12:01 a.m., December 15, 2002 through Start Printed Page 789797 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.

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Dated: December 13, 2002.

Roy J. Casto,

Rear Admiral, Coast Guard, Commander, Eighth Coast Guard District.

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[FR Doc. 02-32723 Filed 12-26-02; 8:45 am]

BILLING CODE 4910-15-P