Drawbridge Operation Regulations for the Missouri River

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 177

[CCGD8-98-020]

RIN 2115-AE47

Drawbridge Operation Regulations for the Missouri River

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the regulations governing

the operation of the drawbridges across the Missouri River in the

States of Missouri, Iowa, Kansas, and Nebraska. The revisions would

enable the Coast Guard to coordinate drawbridge operation schedules for

these bridges during the winter season with the Army Corps of

Engineers' support of commercial navigation on the Missouri River.

DATES: Comments must reach the Coast Guard on or before October 27,

1998.

ADDRESSES: You may mail comments to Director, Western Rivers Operations

(ob) (DWRO ob), Eighth Coast Guard District, 1222 Spruce Street, St.

Louis, MO 63103, or deliver them to room 2.107F at the same address

between 8 a.m. and 4 p.m. Monday through Friday, except Federal

Holidays.

FOR FURTHER INFORMATION CONTACT:

Roger K. Wiebusch, Bridge Administrator, Eighth Coast Guard District,

314-539-3900, Ext. 378.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD8-98-020) and the specific section of this

proposal to which the comment applies, and give the reason for each

comment. Please submit two copies of all comments and attachments in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgment of

receipt of comments should enclose stamped, self-addressed postcards or

envelopes.

The Coast Guard will consider all comments received during the

comment period. It may change this proposed rule in view of the

comments.

The Coast Guard plans no public hearing. Individuals may request a

public hearing by writing to the DRWO (ob) at the address under

ADDRESSES. The request should include the reasons why a hearing would

be beneficial. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Background and Purpose

The Missouri River is a free flowing river traversing several

states before it joins the Mississippi River 15.3 miles north of St.

Louis, Missouri. The Army Corps of Engineers (ACOE), Missouri River

Region manipulates the river's depth by releasing water from upstream

reservoirs in accordance with an established plan that provides for a

nine-foot channel between the head of navigation at Sioux City, Iowa

and the mouth of the river.

Historically the ACOE planned for a commercial navigation season

between late March to late November at Sioux City, Iowa and from April

1 to December 1 at the mouth of the river. This timeframe also

coincided with the dates that the Coast Guard maintained floating aids

to navigation. Additionally, as per 33 CFR 117, drawbridge owners were

required to staff their bridges full time in order to open these

bridges on demand. Once the commercial navigation season ended, the on-

demand-opening requirement shifted to a 24-hour notice requirement for

those vessels that required the opening of a drawbridge. In the last

decade, the ACOE has adopted a more flexible approach to managing water

levels on the Missouri River.

The ACOE's existing commercial-navigation support plan is derived

from the water levels in the Missouri River drainage basin reservoir

system, which, in turn, is linked to prevailing and anticipated weather

conditions. If there is an unusually wet summer or fall, the ACOE may

opt to extend the navigation season in order to release more water from

the reservoirs. This allows the ACOE to better manage flood conditions

that may threaten the Missouri River drainage basin during the spring.

On the same token, the ACOE must not allow too much water in the river

during the winter so as to prevent flooding from ice jams. This flow

manipulation has the effect of either extending or reducing the

commercial navigation season.

The ACOE, Missouri River Region, advises the public of the changes

to the navigation season in a variety of ways, including, but not

limited to: publication of an Annual Operating Plan for the Missouri

River; public meetings to discuss planned flow manipulations; several

news releases throughout the year detailing reservoir-runoff statistics

and forecasts; and an internet web site that continually updates

Missouri River stage trends and other flow information. The ACOE also

works closely with other federal and state agencies to coordinate the

dissemination of information relating to the closing and opening of the

full service flow. The extensive amount of information disseminated by

the ACOE ensures that the public is apprised of the opening and closing

of the commercial navigation season on the Missouri River.

In order to accommodate vessels during the winter season's low-

water period, the Missouri River drawbridge operation regulations

contained in 33 CFR 117.411(a) and 117.687(a) require that drawbridges

on this waterway shall open on signal; except that, from December 16

through the last day of February, the draws shall open on signal if at

least 24 hours notice is given. Additionally, 33 CFR 117.691 requires

that the draw of the Illinois Central Gulf railroad bridge located on

the Missouri River shall open on signal; except that, from December 1

through the last day of February, the draw shall open on signal if at

least 24 hours notice is given. These regulations reflect the actual

dates that the ACOE had manipulated the water level on the Missouri

River; however, during the past ten years, the ACOE has adopted a more

flexible water-management regime.

Although the ACOE has adopted a less rigid commercial navigation

season that is no longer directly linked to a given date, drawbridge

owners are still required by 33 CFR Part 117 to open their bridges on

demand commencing 1 March--regardless of the water level on the

Missouri River. This requires drawbridge owners to staff their bridges

full time despite the fact that the commercial navigation season is not

in effect. This has resulted in a situation where the current bridge

regulations governing on-demand openings for the Missouri River spans

are not aligned with the ACOE's existing commercial navigation season.

The purpose of this proposed rule is to bring the drawbridge

operating

[[Page 45981]]

regulations back in synch with the commercial navigation season. This

would be accomplished by tying the drawbridge on-demand-opening

requirement to the ACOE's restoration of navigational flows to the

Missouri River.

Discussion of Proposed Rules

There are seven drawbridges that cross the Missouri River. These

bridges span the Missouri River in the states of Missouri, Iowa,

Kansas, and Nebraska. Under the existing rules in 33 CFR 117.411(a),

117.678(a) and 117.691, the draws are required to open on demand except

that during the winter season--from December 1 through the last day of

February for the Illinois Central Gulf railroad bridge in Omaha,

Nebraska and from December 16 through the last day of February for all

other bridges--draws need not open for vessel traffic except upon 24

hours advance notice. The proposed rule would abandon the use of these

fixed dates for determining when the draws must open on demand.

Instead, the requirement to open on demand would be tied to the opening

and closure of the commercial navigation season as announced by the

ACOE.

As discussed above, the ACOE manages the flow of the Missouri to

maintain adequate water levels during the commercial navigation season

and has adopted a flexible approach that considers numerous factors in

determining when to begin and when to terminate the commercial

navigation season in any given year. Although there is some vessel

traffic outside of the ACOE commercial navigation season, that traffic

is limited a bridge passage with 24-hour advance notice meets the

reasonable needs of navigation. During the winter season, bridge owners

can relax staffing requirements since vessels are required to give 24-

hour notice before passage.

The original intent of the existing rules was to link the on-

demand-opening requirement with the commercial navigation season. With

the ACOE's flexible approach, the fixed dates in the existing rules no

longer accurately reflect the opening and closure of the commercial

navigation season. As a result, bridge owners must staff their bridges

to open on demand on March 1 even if the ACOE has not yet opened the

commercial navigation season. Similarly, bridge owners must continue to

staff their bridges to open on demand until December 16 (December 1 for

the Illinois Central Gulf railroad bridge in Omaha) even after the ACOE

has closed the commercial navigation season. This disconnect between

the existing rules and the ACOE's commercial navigation season

management practices creates confusion and inefficiency. The proposed

rules will align the drawbridge regulations with the commercial

navigation season and allow bridge owners to more efficiently manage

their operations at the beginning and end of the commercial navigation

season.

Regulatory Evaluation

This proposed rule is not a significant regulatory action under

section 3(f) of the Executive Order 12866 and does not require an

assessment of potential costs and benefits under section 6(a)(3) of

that order. It has not been reviewed by the Office of Management and

Budget 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). The Coast Guard expects the economic

impact of this proposal to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the regulatory policies and

procedures of DOT is unnecessary.

Although for more than 25 years bridges on the Missouri river have

operated on a 24-hour notice schedule during the winter season, the

dates currently published in 33 CFR Part 117 no longer coincide with

the winter season dates that the ACOE uses for flow-management

purposes. The proposed rule will result in the requirement for bridge

owners to open their spans on demand only during the commercial

navigation season. The winter season is not being extended or shortened

in any measurable manner and so the impact is simply a shift in time of

its occurrence rather than an increase or decrease in the amount of

burden. Vessels will still have the ability to navigate the Missouri

River during the flow-reduction period and bridge owners will save

money by not staffing their draws full time in order to open their

spans on demand during this same time frame.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether this proposal, if adopted, will have

a significant economic impact on a substantial number of small

entities. Small entities include 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. Since the winter season generally

corresponds with the existing dates listed in the regulation, there

will be little, if any, impact on small entities. Therefore, the Coast

Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if

adopted, will not have a significant economic impact on a substantial

number of small entities. If, however, you think that your business or

organization qualifies as a small entity and that this proposed rule

will have a significant impact on your business or organization, please

submit a comment (see ADDRESSES) explaining why you think it qualifies

and in what way and to what degree this proposed rule will economically

affect it.

Collection of Information

This proposed rule does not provide for a collection of information

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this proposed rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this proposed rule does not have sufficient

implications for federalism to warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposed rule and concluded that under Figure 2-1, paragraph 32(e) of

Commandant Instruction M16475.1C, this proposed rule is categorically

excluded from further environmental documentation. This proposed rule

merely alters the time frame when the drawbridges on the Missouri River

are required to open on demand. 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 discussed in the preamble, the Coast Guard proposes

to amend 33 CFR 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. 499; 49 CFR 1.46; CFR 1.05-1(g); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. Section 117.411(a) is revised to read as follows:

[[Page 45982]]

Sec. 117.411 Missouri River.

(a) The draws of the bridges across the Missouri River from the

mouth to Sioux City, Iowa, shall open on signal; except during the

winter season between the date of closure and date of opening of the

commercial navigation season as published by the Army Corps of

Engineers, the draw need not open unless at least 24 hours advance

notice is given.

* * * * *

3. Section 117.687(a) is revised to read as follows:

Sec. 117.687 Missouri River.

(a) The draws of the bridges across the Missouri River from the

mouth to St. Joseph shall open on signal; except during the winter

season between the date of closure and date of opening of the

commercial navigation season as published by the Army Corps of

Engineers, the draw need not open unless at least 24 hours advance

notice is given.

* * * * *

4. Section 117.691 is revised to read as follows:

Sec. 117.691 Missouri River.

The draw of the Illinois Central Gulf railroad bridge, mile 618.3,

at Omaha, shall open on signal; except during the winter season between

the date of closure and date of opening of the commercial navigation

season as published by the Army Corps of Engineers, the draw need not

open unless at least 24 hours advance notice is given.

Dated: August 20, 1998.

Paul J. Pluta,

RADM, USCG, Commander, Eighth Coast Guard District.

[FR Doc. 98-23218 Filed 8-27-98; 8:45 am]

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