[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30482]


[[Page Unknown]]

[Federal Register: December 12, 1994]


  
  
  
  
  
  
=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

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 rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the regulation governing the 
operation of the S36 Bridge over the St. Croix River at mile 23.4, at 
Stillwater, Minnesota. The existing regulation was temporarily amended 
for the 1994 St. Croix River boating season because the previous 
opening schedule was contributing to traffic delays and congestion in 
Stillwater. This revised opening schedule was evaluated through the 
1994 St. Croix River boating season. As a result of traffic studies and 
evaluations, a new opening schedule is being implemented to reduce 
traffic delays and congestion.

EFFECTIVE DATE: January 11, 1995.

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:

Drafting Information

    The principal persons involved in drafting this document are Wanda 
G. Renshaw, Project Manager, and Lieutenant S. Moody, 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. At that meeting the bridge owner, Minnesota 
Department of Transportation (MNDOT), recommended a revised opening 
schedule based on traffic data and studies. The Coast Guard decided to 
issue a temporary regulation which would allow evaluation of MNDOT's 
proposed changes during the summer boating season. The temporary 
regulation was published as a Final Temporary Rule on Friday, June 3, 
1994 in the Federal Register (59 FR 28776).

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 opens on signal if at 
least 24 hours notice is given.
    In an effort to reduce traffic congestion on the approaches to the 
bridge, the Mayor of Stillwater requested that the bridge's operating 
schedule be amended. 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 
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 would 
remain in effect.

Discussion of Comments and Changes

    The Coast Guard received six comments on the Proposed Rulemaking. 
Three supported the proposed change; a fourth, 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 comments, one from a 
local recreational boater and the other from the owner of a local 
marina, objected to the proposed change. As a result of the objections, 
the Coast Guard requested that 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 the evaluation of vehicle traffic counts and studies, 
MNDOT reported 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 published a Final Temporary Rule promulgating the 
opening schedule recommended by MNDOT, and requested comments 
throughout the evaluation period, which ended November 15, 1994. No 
comments have been received. Accordingly, the Coast Guard is revising 
the existing regulation to promulgate the opening schedule in effect 
for the 1994 boating season.

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 comments submitted in response to the Notice 
of Proposed Rulemaking published in the Federal Register on Friday, 
October 8, 1993, (58 FR 52466), 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 final 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 final 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 rule 
and concluded that under section 2.B.2 of the NEPA Implementing 
Procedures, COMDTINST M16475.1B, this final 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.
    For 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. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under authority of Pub. L. 102-587, 106 Stat. 
5039.

    2. Section 117.667 paragraph (b) is 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) 8 a.m. to 9 a.m., every half hour;
    (ii) 9 a.m. to 8 p.m., every hour on the hour;
    (iii) 8 p.m. to midnight, every half hour; and
    (iv) Midnight to 8 a.m., upon at least two hours notice.
* * * * *
    Dated: November 27, 1994.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Commander, Second Coast Guard District.
[FR Doc. 94-30482 Filed 12-9-94; 8:45 am]
BILLING CODE 4910-14-M