[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Proposed Rules]
[Pages 18521-18523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9108]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD08-02-035]
RIN 2115-AE47


Drawbridge Operation Regulation Change, St. Croix River, MN

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend the regulations 
governing four drawbridges across the St. Croix River by adding a 
notice requirement for openings during the winter season. This proposed 
rule would allow the owners of the drawbridges to reduce the number of 
hours drawtenders are required to be on site between midnight and 7 
a.m. from mid-October to mid-December, when there are few requests for 
openings.

DATES: Comments must reach the Coast Guard on or before June 17, 2002.

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.

FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge 
Administrator, at the address listed above or telephone (314) 539-3900, 
extension 378.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD08-02-
035), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
it reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Eighth Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining why one would 
be beneficial. If we determine that one would aid this rulemaking, we 
will hold one at a time and place announced by a later notice in the 
Federal Register.

Background and Purpose

    The draws of the Burlington Northern Santa Fe Railroad Bridge, Mile 
0.2, the U.S. 16-61 Bridge, Mile 0.3, at Prescott, and the Union 
Pacific Railroad Bridge, Mile 17.3, at Hudson, open on signal; except 
that, from December 15 through March 31, the draws open on signal if at 
least 24-hours notice is given. Until the 1980s, the St. Croix River 
was extensively used for commercial navigation; however, over the past 
20 years, the character of navigation on the river has changed from 
commercial towboats to mainly recreational and excursion boats. Except 
for its headwaters, the entire St. Croix River is included in the 
National Wild and Scenic River system. The Lower St. Croix River 
(between Taylor Falls and its confluence with the Upper Mississippi 
River at Prescott, WI) is within the ``recreational'' designated area 
of the river. The demise of commercial barge markets and the push for 
preserving the scenic qualities of the St. Croix River have changed the 
type of navigation from commercial to recreation. Recreational traffic 
is heaviest during the summer months but falls off drastically with the 
seasonal change to fall. Recreational boating usually ceases by mid-
October. Due to the high cost of bridge operations and the decrease of 
recreational boating in the fall, the Wisconsin Department of 
Transportation requested the Coast Guard change the regulation for the 
U.S. 16-61 bridge, Mile 0.3, at Prescott, to require 24-hour advance 
notice for opening from October 16 to March 31. Subsequently, due to 
the lack of bridge openings that have been requested from 11 p.m. to 7 
a.m., the Burlington Northern Santa Fe Railroad requested a change to 
the regulation for the Burlington Northern Santa Fe Bridge, Mile 0.2, 
to open on signal from 7 a.m. to 11 p.m. and to open between midnight 
and 7 a.m., if the bridge was notified prior to 11 p.m. Due to the 
proximity of all St. Croix River drawbridges and the short length of 
the river, a review of the general drawbridge regulations for the St. 
Croix River was deemed appropriate.
    An investigation was conducted for two separate actions; one for 
the 60-day extension of the 24-hour notification requirement from 
December 15 to October 15, and the other for restricting drawbridge 
openings between the hours of midnight and 7 a.m. Although the request 
was submitted by only one drawbridge owner, the approval would impact 
all drawbridges across the St. Croix River below Stillwater. Therefore 
the proposal was expanded to include the Burlington Northern Santa Fe 
Railroad Bridge, Mile 0.2, the U.S. 16-61 Bridge, Mile 0.3, at 
Prescott, and the Union Pacific Railroad Bridge, Mile 17.3, at Hudson. 
The S36 Bridge, mile 23.4, at Stillwater, regulation was also reviewed, 
but that regulation already contained a 24-hour advance notice 
requirement for openings beginning on October 16. Data from the three 
bridges showed an overall 73 percent decrease in the number of 
requested bridge openings after October 15 due to the onset of wintry 
conditions and recreational boaters stowing their boats for the winter. 
The character of vessel activity on the Lower St. Croix River has 
changed from commercial navigation to recreational boating. This 
resulted in an 87 percent reduction in requests for drawbridge openings 
between the hours of midnight and 7 a.m. for the period April 1 to 
December 14.

[[Page 18522]]

    The purpose of this proposed rulemaking would be to allow 
drawbridge owners to reduce the number of hour drawbridge tenders are 
on site. Since the number of requests for bridge openings from October 
16 to March 31 and during 11 p.m. to 7 a.m. from April 1 to October 15 
has drastically reduced over the recent past, the need for drawtenders 
to be on site during these times has also drastically reduced.

Discussion of Proposed Rule

    This proposed rulemaking would change the regulations governing the 
St. Croix River drawbridge operating requirements. The bridges that 
would be affected are the Burlington Northern Santa Fe Railroad Bridge, 
mile 0.2, the U.S. 16-61 bridge, mile 0.3, at Prescott, and the Union 
Pacific railroad bridge, mile 17.3, at Hudson. Currently these bridges 
open on signal from April 1 to December 14 and upon 24-hours advance 
notice from December 15 to March 31. This proposed change would require 
the bridges to operate as follows from April 1 to October 15: (1) 7 
a.m. to midnight, open on signal and (2) midnight to 7 a.m., open on 
signal, if notification is given prior to 11 p.m. It would also extend 
the current period during which 24-hours advance notice is required by 
an additional 60 days. This advance notice is now required during the 
period of October 16 to March 31.
    New subparagraph (3) for the S36 Bridge, mile 23.4, at Stillwater, 
would be added to existing paragraph (b) of 33 CFR 117.667 to require 
bridge openings as follows: (3) From October 16 through May 14, if at 
least 24 hours notice is given. The river is frozen during the winter 
months negating the necessity for an emergency provision during that 
time frame. The subparagraphs would add a section previously omitted 
and would provide an operating schedule for this bridge for the entire 
year.
    The bridges are being renamed from the existing names of the 
Burlington Northern Santa Fe Railroad Bridge, Mile 0.2, the U.S. 16-61 
bridge, Mile 0.3, at Prescott, the Union Pacific railroad bridge, Mile 
17.3, at Hudson, and the S36 Bridge, Mile 23.4, at Stillwater to the 
Burlington Northern Railroad Drawbridge, Mile 0.2, Prescott Highway 
Drawbridge, Mile 0.3, and the Hudson Railroad Drawbridge, Mile 17.3, 
and the Stillwater Highway Bridge, Mile 23.4, respectively. The reason 
for this change is to have the regulation reflect how the local bridge 
users actually refer to these bridges.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of the Executive Order 12866 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 Transportation (DOT) (44 
FR 11040; February 26, 1979).
    The Coast Guard expects the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary.
    Implementing the proposed regulation would allow the owners of 
drawbridges the ability to reduce the number of hours drawtenders are 
required to be on site due to the infrequency of requests to open 
drawbridges between midnight and 7 a.m. and from mid-October to mid-
December. Previous requests were authorized for drawbridges to remain 
closed to navigation to facilitate maintenance. This occurred without 
complaints from commercial or recreational vessel operators. The 
Stillwater Highway Drawbridge, Mile 23.4, requires 24-hour advance 
notification to open starting on October 16. This has been the 
operating schedule for many years and has not generated complaints from 
the waterway users despite the heavy recreational use in the area.
    The proposed regulation change would not affect the present safe 
operation of bridges.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we offer to assist small 
entities in understanding the proposed 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 
proposed rule may contact Mr. Roger K. Wiebusch, Bridge Administrator, 
Eighth Coast Guard District, Bridge Branch, at (314) 539-3900, 
extension 378.
    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 proposed 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 proposed 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) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal Government's having first provided the funds to pay 
those unfunded mandate costs. This proposed rule would not impose an 
unfunded mandate.

[[Page 18523]]

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This proposed 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. We 
invite your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph (32), of 
Commandant Instruction M16475.1D, this proposed rule is categorically 
excluded from further environmental documentation. Promulgation of 
changes to drawbridge regulations has been found not to have 
significant effect on the human environment. A ``Categorical Exclusion 
Determination'' is available in the docket for inspection or copying 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    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. 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 Railroad Drawbridge, mile 
0.2, Prescott Highway Drawbridge, mile 0.3, and the Hudson Railroad 
Drawbridge, mile 17.3, shall operate as follows:
    (1) From April 1 to October 15:
    (i) 7 a.m. to midnight, the draws shall open on signal;
    (ii) Midnight to 7 a.m., the draws shall open on signal if 
notification is made prior to 11 p.m.,
    (2) From October 16 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: April 2, 2002.
Roy J. Casto,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 02-9108 Filed 4-15-02; 8:45 am]
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