[Federal Register: December 24, 2003 (Volume 68, Number 247)]
[Rules and Regulations]
[Page 74477-74479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24de03-12]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-02-035]
RIN 1626-AA09
Drawbridge Operation Regulation Change, St. Croix River,
Minnesota and Wisconsin
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulations governing the
operation of the Burlington Northern Santa Fe Railroad Bridge, Mile
0.2, Prescott, Wisconsin; U.S. 16-61 Bridge, Mile 0.3, Prescott,
Wisconsin, the Union Pacific Railroad Bridge, Mile 17.3, Hudson,
Wisconsin across the St. Croix River, and the S36 Highway Bridge at
Stillwater, mile 23.4. This rule modifies the dates and hours requiring
advanced notice for openings on each of the bridges. These changes are
intended to reduce the number of hours that a drawtender is required to
be on site at each of the bridges while maintaining satisfactory
service to vessels navigating the area.
DATES: This rule is effective January 23, 2004.
ADDRESSES: Comments and materials received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD08-02-035 and 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 7 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. The telephone number is (314) 539-3900,
extension 2378.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Eighth Coast
Guard District, Bridge Branch, Bridge Administrator, (314) 539-3900,
extension 2378.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 16, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation Change, St. Croix
River, MN in the Federal Register (67 FR 18521). We received six
letters commenting on the proposed rule. On March 25, 2003, we
clarified a statement in the NPRM and reopened the comment period to
receive additional comments (68 FR 14364). No comments were received
during the additional comment period. On September 9, 2003, we
published a Supplemental Notice of Proposed Rulemaking (SNPRM) (68 FR
53079) in which we amended the original proposed rule based on comments
received in response to the April 16, 2002 NPRM. No additional comments
were received in response to the SNPRM. No public hearing was
requested, and none was held.
Background and Purpose
In accordance with 33 CFR 117.667, the draws of the Burlington
Northern Santa Fe Railroad Bridge, Mile 0.2 at Prescott, Wisconsin, the
U.S. 16-61 Bridge, Mile 0.3, at Prescott, Wisconsin and the Union
Pacific Railroad Bridge, Mile 17.3, at Hudson, Wisconsin, currently
open on signal; except that, from December 15 through March 31, the
draws open on signal if at least 24-hours notice is given. Currently,
the S36 Stillwater Highway Bridge, Mile 23.4 at Stillwater, Minnesota
opens on signal at various times throughout the day from May 15 through
October 15, and on signal from October 16 through May 14. The NPRM
proposed to amend the regulations governing drawbridges across the St.
Croix River by adding a notice requirement for bridge openings during
the summer season. Specifically, the NPRM requiring that advance notice
be given prior to 11 p.m. for openings between midnight and 7 a.m. from
April 1 to October 15 for three of the four bridges.
The Burlington Northern Santa Fe Railroad, Mile 0.2 at Prescott
initially
[[Page 74478]]
requested a change to the regulation for the Burlington Northern Santa
Fe Railroad, to open on signal from 7 a.m. to midnight and to open
between midnight and 7 a.m., if the bridge was notified prior to 11
p.m. during the summer tourism months. Although the request was
submitted by only one bridge owner, the approval would also impact the
U.S. 16-61 Bridge and the Union Pacific Railroad Bridge. Therefore, the
proposal was expanded to include these two bridges. The S36 Bridge at
Stillwater is more remotely located than the other three bridges, and
we have proposed a separate opening requirement for the S36 Bridge
rather than including it with the other three bridges.
Discussion of Comments and Changes
The Coast Guard received no comment letters in response to the
SNPRM. No changes will be made to this final rule.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of the 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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Implementing the regulation will allow the owners of drawbridges to
reduce the number of hours drawtenders are required to be on site due
to a reduction in requests to open the drawbridges between midnight and
8 a.m. from 1 April to 31 October. Previously, these advance
notification requirements were temporarily instated to facilitate
maintenance on the bridges. During the maintenance periods, the bridge
owners received no complaints from commercial or recreational vessel
operators. Additionally, this has become the widely accepted method of
voluntarily requesting bridge openings from local vessel operators
during non-maintenance periods without complaint.
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. This Coast Guard identified local marinas as small
entities that might be affected by this rule due to restricted access
to the marinas during periods when drawtenders are not on site. These
Entities were consulted prior to initiating this rulemaking process to
minimize the economic impact that might result from this rule.
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 process. 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 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 effect 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 would not create an
environmental risk to health or risk to safety that might
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
We have analyzed this rule under Commandant Instruction M16475.1D,
[[Page 74479]]
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. Promulgation of changes to drawbridge
regulations have been found to not have significant effect on the human
environment. A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
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. Sec. 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. In Sec. 117.667, paragraph (a) and paragraph (b), introductory
text, are revised and a new paragraph (b)(3) is added to read as
follows:
Sec. 117.667 St. Croix River.
(a) The draws of the Burlington Northern Santa Fe Railroad Bridge,
Mile 0.2, the Prescott Highway Bridge, Mile 0.3, and the Hudson
Railroad Bridge, Mile 17.3, shall operate as follows:
(1) From April 1 to October 31:
(i) 8 a.m. to midnight, the draws shall open on signal;
(ii) Midnight to 8 a.m., the draws shall open on signal if
notification is made prior to 11 p.m.,
(2) From November 1 through March 31, the draw shall open on signal
if at least 24 hours notice is given.
(b) The draw of the Stillwater Highway Bridge, Mile 23.4, shall
open on signal as follows:
* * *
(3) From October 16 through May 14, if at least 24 hours notice is
given.
* * * * *
Dated: December 12, 2003.
R.F. Duncan,
Commander, 8th CG District.
[FR Doc. 03-31625 Filed 12-23-03; 8:45 am]
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