[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13541]


[[Page Unknown]]

[Federal Register: June 3, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD02-93-002
RIN 2115-AE47

 

Drawbridge Operation Regulations; St. Croix River, MN and WI

AGENCY: Coast Guard, DOT.

ACTION: Final temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary rule to regulate 
the operation of the S36 Bridge over the St. Croix River at mile 23.4, 
at Stillwater. The present opening schedule has contributed to traffic 
delays and congestion in Stillwater. The existing regulation is being 
temporarily amended for the purpose of evaluating the reasonableness of 
proposed changes. The Coast Guard is requesting comments from 
interested parties throughout the evaluation period.

EFFECTIVE DATES: This temporary rule is effective from June 3, 1994 to 
October 15, 1994. Comments must be received on or before November 15, 
1994.

ADDRESSES: Comments may be mailed to Commander (ob), Second Coast Guard 
District, 1222 Spruce Street, St. Louis, Missouri 63103-2832, 
Attention: docket CGD02-93-002.
    Comments may also be delivered to room 2.107B at the above address 
between 8 a.m. and 3 p.m., Monday through Friday, except federal 
holidays. For information concerning comments, the telephone number is 
(314) 539-3724.

FOR FURTHER INFORMATION CONTACT:
Roger K. Wiebusch, Bridge Administrator, Second Coast Guard District, 
1222 Spruce Street, St. Louis, Missouri 63103-2832, telephone (314) 
539-3724.

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 (CGD02-93-002), identify the specific section 
of this proposal to which each comment applies, and give the reason for 
each comment. Each person who wants an acknowledgment of the receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. The Coast Guard may change or not implement a final 
rule in view of the comments.
    The Coast Guard does not plan to hold another public meeting. 
However, persons may request a public meeting by writing to the Docket 
Clerk at the address under ADDRESSES. If the Coast Guard determines 
that the opportunity to make oral presentations will aid the rulemaking 
process, the Coast Guard will hold a public hearing at a time and place 
announced by a later notice in the Federal Register.

Drafting Information

    The principal persons involved in drafting this document are Wanda 
G. Renshaw, Project Manager, and Lieutenant Commander Arn Denny, 
Project Attorney.

Regulatory History

    On Friday, October 8, 1993, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulations, St. 
Croix River, Minnesota and Wisconsin in the Federal Register (58 FR 
52466). The Coast Guard received six comments on the proposal. A public 
meeting was requested and held on April 7, 1994, in the Stillwater 
Municipal Building.
    For the reasons discussed below, the Coast Guard has decided to 
issue a temporary regulation which will allow it to evaluate the 
proposed changes for the remainder of the summer boating season. The 
Coast Guard has decided that good cause exists for making this 
temporary regulation effective upon publication in the Federal Register 
because, since vessel traffic falls off dramatically in the fall, early 
implementation will provide for an evaluation period which will include 
as much of the summer boating season as is possible.

Background and Purpose

    The St. Croix River is heavily used by recreational craft. River 
excursion boats are the only known commercial navigation passing the 
bridge. To meet the navigational needs of these boaters, the S36 Bridge 
is presently required to open on signal, from May 15 through October 
15, on a set schedule of hourly and half-hourly openings from 8 a.m. to 
10 p.m. From October 16 through May 14 the draw will open on signal if 
at least 24 hours notice is given.
    The Mayor of Stillwater requested that the operating schedule be 
amended as a means of reducing traffic congestion on the approaches to 
the bridge. As a result, the Coast Guard proposed a change which would 
permit hourly openings on weekdays from 8 a.m. to 10 p.m. and on 
Saturdays, Sundays and federal holidays from 8 a.m. to midnight. The 
draw would continue to be operated with two hours advance notice from 
10 p.m. to 8 a.m. weekdays, and from midnight to 8 a.m., Saturdays, 
Sundays, and federal holidays.

Discussion of Comments and Changes

    The Coast Guard received six comments on the Notice of Proposed 
Rulemaking. Three supported the proposed change citing increased bank 
erosion from heavy recreational traffic, air pollution from waiting 
vehicles, and loss of business in Stillwater due to traffic congestion 
and delays caused by frequent bridge openings. One, from the Minnesota 
Historical Society, stated that the proposed action would have no 
effect on the historic characteristics of the bridge, which is listed 
on the National Register of Historic Places. Two, a local recreational 
boater and the owner of a local marina, objected to the proposed 
change. The boater commented that traffic congestion existed in 
downtown Stillwater during the winter months when the bridge was not 
opened for river traffic. He noted that excessively long bridge 
openings, resulting in increased delay times to highway traffic, during 
the preceding boating season were caused by unusual and persistent high 
river levels, requiring longer span openings to accommodate vessels 
that could have passed under the closed span during normal water 
conditions. He also noted that traffic delays were exacerbated by 
vehicles parking on streets approaching the bridge, and that the 
increased use of the bridge by tractor-trailers often precluded two-way 
traffic on the narrow bridge. The marina owner objected to the proposal 
because he would lose the business of larger vessels presently moored 
at his facility which required bridge openings to travel downriver. He 
commented that the City of Stillwater had received proposals over the 
past several years to resolve the traffic congestion, but had not 
implemented any of the recommendations. He also noted that street 
parking in downtown Stillwater restricted traffic flow. He questioned 
the perceived increase in boating traffic versus highway traffic, and 
requested that a public meeting be held to present the facts and 
discuss possible solutions. That meeting was convened in Stillwater on 
April 7, 1994.
    As a result of the public meeting and of the objections to the 
proposed revision, the Coast Guard requested that Minnesota Department 
of Transportation (MNDOT) conduct traffic studies, evaluate the 
results, and recommend an opening schedule that would retain an 
acceptable number of bridge openings and provide for peak highway 
traffic. Based on its evaluation of traffic counts and studies, MNDOT 
advised that no change was warranted by traffic conditions during 
weekday morning hours. Because heavy vehicular traffic arrived between 
3 p.m. and 7 p.m. on weekdays, MNDOT recommended that the existing 
schedule be observed up to and including the 2:30 p.m. opening and that 
openings after 2:30 p.m. should occur at 4 p.m., 5:30 p.m., 6:30 p.m., 
and 7 p.m. with an opening every half hour thereafter until 10 p.m. 
Because heavy vehicular traffic arrived between 9 a.m. and 8 p.m. on 
weekends and holidays, MNDOT recommended that the existing schedule be 
retained, up to and including the 9 a.m. opening, and that the opening 
schedule be revised for one opening per hour from 9 a.m. until 8 p.m. 
with half-hourly openings from 8 p.m. until midnight.
    The Coast Guard has decided to amend the existing regulation with a 
temporary rule promulgating the opening schedule recommended by MNDOT. 
This temporary rule will be evaluated throughout the 1994 St. Croix 
River boating season and comments on the revision will continue to be 
received through November 15, 1994. The Coast Guard decided to make the 
amendment under temporary rulemaking rather than under a deviation 
which is valid only for up to 90 days because extending the evaluation 
period through the remainder of the St. Croix boating season provided 
for a better opportunity to consider the needs of the public.

Regulatory Evaluation

    This regulation 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. It has been exempted from review by the Office of 
Management and Budget under that order. It is not 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 because operators of commercial 
vessels have indicated that they can adjust to the changes without 
impact on their businesses.

Small Entities

    After considering the submitted comments, the Coast Guard finds 
that any impact on small entities, if any, is not substantial. 
Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary 
rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    The Coast Guard has analyzed this temporary rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that it does not raise sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has reviewed the environmental impact of this 
temporary rule and concluded that under section 2.B.2 of the NEPA 
Implementing Procedures, COMDTINST M16475.1B, this temporary rule is 
categorically excluded from further environmental documentation because 
promulgation of changes to drawbridge regulations have been found to 
not have a significant effect on the human environment. A categorical 
Exclusion Determination is available in the docket.

List of Subjects in 33 CFR Part 117

    Bridges.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    For the reasons set out in the preamble, the Coast Guard is 
amending part 117 of title 33, Code of Federal Regulations, as follows. 
This is a temporary amendment and will not appear in the Code of 
Federal Regulations.
    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 449; 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. In Sec. 117.667 paragraph (b) is temporarily revised to read as 
follows:


Sec. 117.667  St. Croix River.

* * * * *
    (b) The draw of the S36 Bridge, Mile 23.4, at Stillwater, shall 
open on signal as follows:
    (1) From May 15 through October 15, Monday through Friday, except 
Federal holidays, from:
    (i) 8 a.m. to 11 a.m., every hour on the hour;
    (ii) 11 a.m. to 2:30 p.m., every half hour;
    (iii) 2:30 p.m. to 5:30 p.m., at 2:30 p.m., 4 p.m. and 5:30 p.m.;
    (iv) 6:30 p.m. to 10 p.m., every half hour; and
    (v) 10 p.m. to 8 a.m., upon at least two hours notice.
    (2) from May 15 through October 15, Saturdays, Sundays, and federal 
holidays from:
    (i) From 8 a.m. to 9 a.m., every half hour;
    (ii) From 9 a.m. to 8 p.m., every hour on the hour;
    (iii) From 8 p.m. to midnight, every half hour; and
    (iv) Midnight to 8 a.m., upon at least two hours notice.
* * * * *
    Dated: May 20, 1994.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District.
[FR Doc. 94-13541 Filed 6-2-94; 8:45 am]
BILLING CODE 4910-14-M