Drawbridge Operating Regulations; Mississippi River, Iowa and Illinois

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-99-031]

RIN 2115-AE47

Drawbridge Operating Regulations; Mississippi River, Iowa and

Illinois

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes a temporary change to the regulation

governing the Rock Island Railroad and Highway Drawbridge, Mile 482.9,

Upper Mississippi River. Under the proposed rule the drawbridge need

not open for vessel traffic and may remain in the closed-to-navigation

position from 7:30 a.m. to 11:30 a.m. on September 26, 1999. This

temporary rule would allow the scheduled running of the Quad City

Marathon as part of a local community event.

DATES: Comments must be received on or before August 23, 1999.

ADDRESSES: Comments can be mailed to Commander, Eighth Coast Guard

District (obr), 1222 Spruce Street, St. Louis, Missouri 63103-2832,

between 7 a.m. and 4 p.m., Monday through Friday except Federal

holidays. Comments will become part of the public docket and will be

available for copying and inspection in room 2.107f at the same

address.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge

Administrator; Eighth Coast Guard District, Bridge Branch, 1222 Spruce

Street, St. Louis, Missouri 63103-2832, telephone 314-539-3900

extension 378.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested parties to participate in

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

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD 08-99-031) and the specific section of

this document to which each 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 acknowledgement 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 proposal in view of the comments.

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

hearing in writing to the address under ADDRESSES. The request should

include the reasons why a hearing would be beneficial. If the Coast

Guard determines that the opportunity for oral presentations will aid

this rulemaking, it will hold a public hearing at a time and place

announced by a notice in the Federal Register.

[[Page 39455]]

Background and Purpose

On May 8, 1999, the Department of Army Rock Island Arsenal

requested a temporary change to the operation of the Rock Island

Railroad and Highway Drawbridge across the Upper Mississippi River,

Mile 482.9 at Davenport, Iowa. The Rock Island Arsenal requested that

the drawbridge be permitted to remain closed to navigation from 7:30

a.m. to 11:30 a.m. on September 26, 1999. During this time participants

in the Quad City Marathon will cross the bridge.

The Rock Island Railroad Drawbridge navigation span has a vertical

clearance of 23.8 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.

A short comment period of thirty days is being provided for

interested parties to express their views. The comment period will

allow affected individuals in the local areas to participate in the

rulemaking and will allow the Coast Guard to publish a final rule prior

to the event. If comments are received, the Coast Guard may change this

proposed rule.

Regulatory Evaluation

This temporary 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).

The Coast Guard expects the economic impact of this temporary rule

to be so minimal that a full Regulatory Evaluation under paragraph

10(e) of the regulatory policies and procedures of DOT is unnecessary.

This is because river traffic is not likely to be delayed more than

four hours.

Small Entities

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

the Coast Guard must consider whether this temporary rule will have a

significant economic impact on a substantial number of small entities.

``Small entities'' may include small businesses and 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.

Because it expects the impact of this action to be minimal, the

Coast Guard certifies under 5 U.S.C. Sec. 605(b), that this action will

not have a significant economic impact on a substantial number of small

entities.

Collection of Information

This temporary rule does not provide for a collection-of-

information requirement under the Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this temporary rule under the

principles and criteria contained in Executive Order 12612, and has

determined that this temporary rule does not raise sufficient

implications of federalism to warrant the preparation of a Federalism

Assessment. The authority to regulate the permits of bridges over the

navigable waters of the U.S. belongs to the Coast Guard by Federal

statutes.

Environmental

The Coast Guard considered the environmental impact of this

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

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

excluded from further environmental documentation. A Categorical

Exclusion Determination is available in the docket for inspection or

copying where indicated under ADDRESSES.

List of Subject in 33 CFR Part 117

Bridges.

For the reasons set out in the preamble, the Coast Guard proposes

to amend Part 117 of Title 33, Code of Federal Regulations, 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 Pub. L. 102-587,

106 Stat. 5039.

2. Effective 7:30 a.m. to 11:30 a.m. on September 26, 1999,

Sec. 117.T388 is added to read as follows:

Sec. 117.T388 Upper Mississippi River.

The Rock Island Railroad and Highway Drawbridge, at mile 482.9,

Upper Mississippi River, opens on signal, except that from 7:30 a.m. to

11:30 a.m. on September 26, 1999, the drawspan need not open for vessel

traffic and may be maintained in the closed-to-navigation position.

Dated: July 2, 1999.

Paul J. Pluta,

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

[FR Doc. 99-18748 Filed 7-21-99; 8:45 am]

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