[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Proposed Rules]
[Pages 46697-46698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23442]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-97-004]
RIN 2115-AE47


Drawbridge Operation Regulation for the Minnesota River

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rule making.

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SUMMARY: The Coast Guard proposes removing the 24 hour advance notice 
requirement from the regulation governing operation of drawbridges over 
the Minnesota River between the mouth and LeSueur, MN. This action is 
being taken to update the regulation to reflect existing conditions and 
to ensure the reasonable needs of navigation are met. The change will 
require drawbridges on that reach of the river to open on demand in 
accordance with the general drawbridge operating regulations under 33 
CFR 117 Subpart A.

DATES: Comments must be received on or before November 3, 1997.

ADDRESSES: Comments may be mailed to Director, Western Rivers 
Operations (ob), Eighth Coast Guard District, 1222 Spruce Street, St. 
Louis, MO 63103-2832, Attention: Bridge Administrator. Comments may 
also be delivered to Room 2.107f at the above address between 8 a.m. 
and 3 p.m., Monday through Friday, except Federal holidays. The 
telephone number is (314) 539-3900, extension 378.
    The Bridge Branch, Director Western Rivers Operations, maintains 
the public docket for this rulemaking. Comments will become part of the 
public docket and the docket will be available for inspection or 
copying in room 2.107f at the above address.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge 
Administrator, Director Western Rivers Operations, 314-539-3900, 
extension 378.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourage interested persons to particiate in this 
rulemaking by submitting written data, views, or arguments. The Coast 
Guard is soliciting comments on the regulation change until November 3, 
1997. The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guared plans no public hearing. Persons may request a 
public hearing by writing to the Bridge Administrator at the address 
under ADDRESSES. The request should include the reasons why a hearing 
would be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at the time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The proposed change will ensure the regulation reflects favorable 
existing drawbridge operating practices. Coordination between the Coast 
Guard, waterway users and owners of the only affected drawbridge at 
Savage, MN, Mile 14.3 on the Minnesota River, have resulted in the 
bridge being operated in a manner that meets the needs of both 
navigation and the railroad. (All written correspondence regarding this 
coordination is available in the public docket). Operation of the 
Savage Drawbridge will revert to the existing general drawbridge 
regulations found in 33 CFR, 117 Subpart A, i.e. it will open on 
demand. Approval of this proposal will eliminate an obsolete and 
undesirable drawbridge regulation and ensure continued favorable 
drawbridge operation practices.

Discussion of Change

    This proposed rule will remove the requirement in 33 CFR 117.663, 
paragraph (a), that currently requires river traffic to provide 24 
hours advance notice for drawbridge operation. All bridges below 
(downstream of) LeSueur, MN will now operate under the general bridge 
requirements found in 33 CFR 117 Subpart A, i.e. will have to open upon 
demand. The only bridge that will be affected is the railroad 
drawbridge at Savage, MN. The proposed rule will maintain the existing 
language in the second paragraph of 33 CFR 117.663 stating that the 
draws of bridges above LeSueur, MN need not be opened for the passage 
of vessels.

Regulatory Evaluation

    This rule is not a significant regulatory action under 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 been 
exempted from review 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 this 
rule to be so minimal that a full Regulatory Evaluation under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary. 
The proposed rule affects one drawbridge and is not expected to 
significantly alter the day-to-day activities of any businesses.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this change, if adopted, will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000. Because the proposed rule affects only 
one drawbridge and requires the bridge to open upon demand, the Coast 
Guard expects the impact of this change to be minimal. Therefore, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this change, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities. If, however, you think that your business or 
organization qualifies as a small entity and that this proposed rule 
will have a significant economic impact on your business or 
organization, please submit a comment (See ADDRESSES) explaining why 
you think it qualifies and in what way and to what degree this proposed 
rule will economically affect it.

Collection of Information

    This proposed rule contains no collection of information 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Federalism

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this change does not have sufficient federalism

[[Page 46698]]

implications to warrant preparation of a Federalism Assessment.

Environment

    The Coast Guard has reviewed the environmental impact of this 
proposed rule and concluded that under section 2.B.2e(32) of COMDTINST 
M16475.1B, this proposed change is categorically excluded from further 
environmental documentation because promulgation of changes to 
drawbridge regulations have been found not to have significant effect 
on the environment. A ``Categorical Exclusion Determination'' is 
available for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulation

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:
    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. Section 117.663 is revised to read as follows:


Sec. 117.663  Minnesota River.

    The draws of bridges above LeSueur, MN need not be opened for the 
passage of vessels.

    Dated: August 21, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-23442 Filed 9-3-97; 8:45 am]
BILLING CODE 4910-14-M