[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Pages 4583-4585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2300]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-97-004]
RIN 2115-AE47
Drawbridge Operation Regulations; Minnesota River
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is 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 operate under the
General Drawbridge Operating Regulation contained in 33 CFR part 117
subpart A and thus open on demand.
DATES: This final rule is effective March 2, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at Director, Western Rivers Operations, Bridge
Branch, 1222 Spruce Street, Suite 2.107f, St. Louis, Missouri, 63103-
2832, between 8 a.m. and 4 p.m., Monday through Friday, except Federal
holidays. The telephone number is (314) 539-3900, extension 378.
FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge
[[Page 4584]]
Administrator, Director, Western Rivers Operations, (314) 539-3900,
extension 378.
SUPPLEMENTARY INFORMATION:
Regulatory History
On September 4, 1997 the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulation for the Minnesota
River in the Federal Register (62 FR 46697). The Coast Guard received
no comments on the proposed rulemaking. No public hearing was
requested, and none was held.
Background
In the past, the low number of vessel transits that required draw
openings on the Minnesota River from its mouth through LeSueur, MN did
not require the draw at Savage, MN to be manned 24 hours per day. Thus,
the existing regulation, 33 CFR 117.663(a), required that river traffic
provide a 24 hours advance notice in the event the railroad drawbridge
at Savage, MN required opening. However, in the last several years, a
significant increase in river traffic on this stretch of the Minnesota
River, combined with the increased importance of that traffic's
cargoes, has resulted in the need to open this draw on demand. In order
to accommodate this increase in river traffic--and to better facilitate
commerce--the Coast Guard organized a meeting between waterway users
and the owners of the only affected drawbridge at Savage, MN, Mile 14.3
on the Minnesota River. This meeting resulted in an agreement between
the waterway users and the bridge owners to eliminate the 24-hour
advance-notice-opening requirement and institute an open-on-demand
policy for the Savage, MN railroad bridge. Thus, the requirement in 33
CFR 117.663(a), that river traffic shall provide a 24 hours advance
notice before the draw will be opened, is no longer applicable and
requires deletion. All bridges at and below LeSueur, MN will now
operate under the general bridge requirements found in 33 CFR Part 117
Subpart A. That is, the draws will open upon demand.
As previously mentioned, the only bridge that will be affected by
this proposed rulemaking is the railroad drawbridge at Savage, MN. The
regulation maintains 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.
Discussion of Comments and Changes
No comments were received during the comment period for the Notice
of Proposed Rulemaking. Removing the 24-hour-advance-notice requirement
in 33 CFR 117.663(a) requires all drawbridges located downstream of
LeSueur, MN on the Minnesota River to open upon demand for passage of
river traffic as required by the General Drawbridge Operating
Regulation, 33 CFR Part 117 Subpart A. The only bridge affected is the
railroad drawbridge at Savage, MN.
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 polices 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 rule affects one drawbridge and is not expected to significantly
alter the day-to-day activities of any businesses. This evaluation is
supported by the fact that the Coast Guard did not receive any comments
on the expense of implementing the regulation. Moreover, since this
change reflects existing operating conditions at the Savage, MN
railroad drawbridge there are no impacts and additional costs
associated with this rulemaking.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this change has significant economic
impact on the substantial number of small entities. Small entities
include (1) small businesses, 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. Specifically, since this rule only affects one drawbridge and
the owners of that draw have already implemented an open-on-demand,
policy the Coast Guard expects the impact of this change to be minimal.
Therefore, the Coast Guard certifies under section 605(b) of the
Regulatory Flexibility Act (5 U.S.C. 601 et se.) that this change will
not have a significant economic impact on a substantial number of small
entities.
Asstance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
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. Any individual that qualifies or, believes he or
she qualifies as a small entity, and requires assistance with the
provisions of this rule, may contact Mr. Roger K. Wiebusch, Bridge
Administrator, Director, Western Rivers Operations, (314) 539-3900
extension 378.
Collection of Information
This final rule does not provide for a collection of information
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 rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Agreement.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2(e)(32)(e) of the NEPA
Implementing Procedures, COMDTINST M16475.1B, this 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 human environment. A ``Categorical
Exclusion Determination'' is available for inspection or copying where
indicated under ADDRESSES.
List of Subjects
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 117 as follows:
1. The authority citation for 33 CFR 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 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 need not be opened for the
passage of vessels.
[[Page 4585]]
Dated: January 20, 1998.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 98-2300 Filed 1-29-98; 8:45 am]
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