[Federal Register Volume 64, Number 6 (Monday, January 11, 1999)]
[Rules and Regulations]
[Pages 1516-1517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-388]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CCGD08-98-073]
RIN 2115-AE47
Temporary Drawbridge Regulation; Illinois Waterway, Illinois
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 McDonough Street Bridge, mile
287.3; Jefferson Street Bridge, mile 287.9; Cass Street Bridge, mile
288.1; Jackson Street Bridge, mile 288.4 and the Ruby Street Bridge,
mile 288.7, Illinois Waterway. The drawbridges, with the exception of
the Jefferson Street Bridge, will be allowed to remain closed to
navigation from 7:30 a.m. to 9 a.m. and 4:15 to 5:15 p.m. Monday
through Friday. On Saturdays, the drawbridges, save the Jefferson
Street Bridge, will be allowed to remain closed to navigation from 7:30
a.m. to 8:30 a.m. and 4:15 to 5:15 p.m. This temporary rule is issued
to facilitate land traffic management while the Jefferson Street Bridge
remains in the open-to-navigation position for emergency repairs.
DATES: This temporary rule is effective from 7:30 a.m. December 3, 1998
until 7:30 a.m. on February 1, 1999.
ADDRESSES: Unless otherwise indicated, documents referred to in this
notice will be available for inspection and copying at room 2.107f in
the Robert A. Young Federal Building at Director, Western Rivers
Operations (ob), Eighth Coast Guard District, 1222 Spruce Street, St.
Louis, MO 63103-2832, between 7 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge
Administrator; Director, Western Rivers Operations, Eighth Coast Guard
District, Bridge Branch, 1222 Spruce Street, St. Louis, MO 63103-2832,
telephone 314-539-3900 extension 378.
SUPPLEMENTARY INFORMATION:
Background
On October 23, 1998, the Jefferson Street Bridge, mile 287.9,
Illinois Waterway in Joliet, Illinois was struck and seriously damaged
by a vessel. The allision requires the Jefferson Street bridge to
remain in the open-to-navigation position until repairs are completed.
It is estimated that it will take three months until the repairs are
complete. The Jefferson Street Bridge is one of five bascule leaf
drawbridges within Joliet that carry vehicular traffic across the
Illinois Waterway. The current regulations permits the bridges to
remain closed to navigation during commuter hours of 7:30 a.m. to 8:30
a.m. and 4:15 p.m. to 5:15 p.m. Monday through Saturday. Damage to the
Jefferson Street Bridge prevents its use by highway traffic and has
increased traffic levels on the other bridges and travel time between
bridges. The temporary rule was requested by the Illinois Department of
Transportation in order to accommodate the additional vehicular traffic
that has been diverted to the four remaining operable bridges.
In accordance with 5 U.S.C. 533, a notice of proposed rulemaking
has not been published and good cause exists for making this rule
effective in less than 30 days from publication since the change has
been implemented to address an emergency situation. Specifically, the
extensive damage to the Jefferson Street Bridge caused by a vessel
allision. Thus, following normal rule making procedures would be
impractical. Delaying implementation of the regulation will not
adversely impact navigation; however, it would result in unnecessary
prolonged traffic management problems within the City of Joliet,
Illinois.
Discussion of Temporary Rule
The five Joliet area drawbridges have a minimum vertical clearance
of 16.5 feet above normal pool in the closed-to-navigation position.
Navigation on the waterway consists primarily of commercial tows and
recreational watercraft. Presently, the draws of all Illinois Waterway
bridges within Joliet open on signal for passage of river
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traffic, except that they need not open from 7:30 a.m. to 8:30 a.m. and
from 4:15 p.m. to 5:15 p.m. Monday through Saturday. This temporary
drawbridge operation amendment has been coordinated with the commercial
waterway operators who do not object. Extending the morning drawbridge
closure period by 30 minutes during the week now until February 1,
1999, will not adversely impact navigation. It will, however,
significantly facilitate traffic management in the City of Joliet.
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 cost 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 the rule to be so
minimal that a full Regulatory Evaluation under paragraph 10(e) is
unnecessary. This is because river traffic will be extremely limited by
lock closures and river ice during the period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard was required to consider whether this action will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their field and governmental jurisdictions with populations
of less than 50,000.
The temporary rule only impacts vessel traffic for one half hour a
day Monday through Friday during the late fall and winter months. This
timeframe is a very inactive period for commercial navigation.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b), that this
action will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This action contains no collection-of-information requirements
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 have sufficient
implications for 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)(a)
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 for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard is
amending 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. on December 3, 1998, through 7:29 a.m. on
February 1, 1999, paragraph (c) of Sec. 117.393 is suspended and a new
paragraph (e) is added to read as follows:
Sec. 117.393 Illinois Waterway.
* * * * *
(c) The draws of the McDonough Street Bridge, mile 287.3; Cass
Street Bridge, Mile 288.1; Jackson Street Bridge, mile 288.4 and the
Ruby Street Bridge, mile 288.7; all of Joliet, shall open on signal,
except that they need not open from 7:30 a.m. to 9 a.m. and from 4:15
p.m. to 5:15 p.m. Monday through Friday. On Saturday the draws need not
open from 7:30 a.m. to 8:30 a.m. and from 4:15 p.m. to 5:15 p.m.
Dated December 3, 1998.
A.L. Gerfin, Jr.,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 99-388 Filed 1-8-99; 8:45 am]
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