[Federal Register Volume 68, Number 247 (Wednesday, December 24, 2003)]
[Rules and Regulations]
[Pages 74477-74479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31625]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-02-035]
RIN 1626-AA09


Drawbridge Operation Regulation Change, St. Croix River, 
Minnesota and Wisconsin

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations governing the 
operation of the Burlington Northern Santa Fe Railroad Bridge, Mile 
0.2, Prescott, Wisconsin; U.S. 16-61 Bridge, Mile 0.3, Prescott, 
Wisconsin, the Union Pacific Railroad Bridge, Mile 17.3, Hudson, 
Wisconsin across the St. Croix River, and the S36 Highway Bridge at 
Stillwater, mile 23.4. This rule modifies the dates and hours requiring 
advanced notice for openings on each of the bridges. These changes are 
intended to reduce the number of hours that a drawtender is required to 
be on site at each of the bridges while maintaining satisfactory 
service to vessels navigating the area.

DATES: This rule is effective January 23, 2004.

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. The telephone number is (314) 539-3900, 
extension 2378.

FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Eighth Coast 
Guard District, Bridge Branch, Bridge Administrator, (314) 539-3900, 
extension 2378.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On April 16, 2002, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation Change, St. Croix 
River, MN in the Federal Register (67 FR 18521). We received six 
letters commenting on the proposed rule. On March 25, 2003, we 
clarified a statement in the NPRM and reopened the comment period to 
receive additional comments (68 FR 14364). No comments were received 
during the additional comment period. On September 9, 2003, we 
published a Supplemental Notice of Proposed Rulemaking (SNPRM) (68 FR 
53079) in which we amended the original proposed rule based on comments 
received in response to the April 16, 2002 NPRM. No additional comments 
were received in response to the SNPRM. No public hearing was 
requested, and none was held.

Background and Purpose

    In accordance with 33 CFR 117.667, the draws of the Burlington 
Northern Santa Fe Railroad Bridge, Mile 0.2 at Prescott, Wisconsin, the 
U.S. 16-61 Bridge, Mile 0.3, at Prescott, Wisconsin and the Union 
Pacific Railroad Bridge, Mile 17.3, at Hudson, Wisconsin, currently 
open on signal; except that, from December 15 through March 31, the 
draws open on signal if at least 24-hours notice is given. Currently, 
the S36 Stillwater Highway Bridge, Mile 23.4 at Stillwater, Minnesota 
opens on signal at various times throughout the day from May 15 through 
October 15, and on signal from October 16 through May 14. The NPRM 
proposed to amend the regulations governing drawbridges across the St. 
Croix River by adding a notice requirement for bridge openings during 
the summer season. Specifically, the NPRM requiring that advance notice 
be given prior to 11 p.m. for openings between midnight and 7 a.m. from 
April 1 to October 15 for three of the four bridges.
    The Burlington Northern Santa Fe Railroad, Mile 0.2 at Prescott 
initially

[[Page 74478]]

requested a change to the regulation for the Burlington Northern Santa 
Fe Railroad, to open on signal from 7 a.m. to midnight and to open 
between midnight and 7 a.m., if the bridge was notified prior to 11 
p.m. during the summer tourism months. Although the request was 
submitted by only one bridge owner, the approval would also impact the 
U.S. 16-61 Bridge and the Union Pacific Railroad Bridge. Therefore, the 
proposal was expanded to include these two bridges. The S36 Bridge at 
Stillwater is more remotely located than the other three bridges, and 
we have proposed a separate opening requirement for the S36 Bridge 
rather than including it with the other three bridges.

Discussion of Comments and Changes

    The Coast Guard received no comment letters in response to the 
SNPRM. No changes will be made to this final rule.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of the Executive Order 12866, Regulatory Planning and Review, 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 Homeland 
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary.
    Implementing the regulation will allow the owners of drawbridges to 
reduce the number of hours drawtenders are required to be on site due 
to a reduction in requests to open the drawbridges between midnight and 
8 a.m. from 1 April to 31 October. Previously, these advance 
notification requirements were temporarily instated to facilitate 
maintenance on the bridges. During the maintenance periods, the bridge 
owners received no complaints from commercial or recreational vessel 
operators. Additionally, this has become the widely accepted method of 
voluntarily requesting bridge openings from local vessel operators 
during non-maintenance periods without complaint.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule 
will not have a significant economic impact on a substantial number of 
small entities. This Coast Guard identified local marinas as small 
entities that might be affected by this rule due to restricted access 
to the marinas during periods when drawtenders are not on site. These 
Entities were consulted prior to initiating this rulemaking process to 
minimize the economic impact that might result from this rule.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we 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. 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 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 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) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Indian Tribal Governments

    This 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.

Energy Effects

    We have analyzed this 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

    We have analyzed this rule under Commandant Instruction M16475.1D,

[[Page 74479]]

which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. Promulgation of changes to drawbridge 
regulations have been found to not have significant effect on the human 
environment. A final ``Environmental Analysis Check List'' and a final 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. Sec. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); Section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

0
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 Santa Fe Railroad Bridge, 
Mile 0.2, the Prescott Highway Bridge, Mile 0.3, and the Hudson 
Railroad Bridge, Mile 17.3, shall operate as follows:
    (1) From April 1 to October 31:
    (i) 8 a.m. to midnight, the draws shall open on signal;
    (ii) Midnight to 8 a.m., the draws shall open on signal if 
notification is made prior to 11 p.m.,
    (2) From November 1 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: December 12, 2003.
R.F. Duncan,
Commander, 8th CG District.
[FR Doc. 03-31625 Filed 12-23-03; 8:45 am]
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