[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Rules and Regulations]
[Pages 71706-71708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27102]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-04-018]
RIN 1625-AA09


Drawbridge Operation Regulation; St. Croix River, Wisconsin, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the 
Prescott Highway Bridge, across the St. Croix River at Mile 0.3, at 
Prescott, Wisconsin. Under the rule, the drawbridge need not open for 
river traffic and may remain in the closed-to-navigation position from 
November 1, 2005, to April 1, 2006. This rule allows the bridge owners 
to make necessary repairs to the bridge.

DATES: This rule is effective November 1, 2005, to April 1, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of the docket [CGD08-04-018] and are available for inspection 
or copying at room 2.107f in the Robert A. Young Federal Building at 
Eighth Coast Guard District, between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On September 21, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; St. Croix River, 
Wisconsin and Minnesota in the Federal Register (69 FR 56379). We 
received no comment letters on the proposed rule. No public hearing was 
requested, and none was held.

Background and Purpose

    On May 3, 2004, the Wisconsin Department of Transportation 
requested a temporary change to the operation of the Prescott Highway 
Bridge across the St. Croix River, Mile 0.3, at Prescott, Wisconsin, to 
allow the drawbridge to remain in the closed-to-navigation position for 
a 5-month period while the electrical and hydraulic systems are 
overhauled. Navigation on the waterway consists of both commercial 
(excursion boat) and recreational watercraft, which may be minimally 
impacted by the closure period. Currently, the draw opens on signal for 
passage of river traffic from April 1 to October 31, 8 a.m. to 
midnight, except that from midnight to 8 a.m. the draw shall open on 
signal if notification is made prior to 11 p.m. From November 1 to 
March 31, the draw shall open on signal if at least 24 hours notice is 
given. The Wisconsin Department of Transportation requested the 
drawbridge be permitted to remain closed to navigation from November 1, 
2005, to April 1, 2006.

Discussion of Comments and Changes

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

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of 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).
    The Coast Guard expects this temporary change to operation of the 
Prescott Highway Bridge to have minimal economic impact on commercial 
traffic operating on the St. Croix River such that a full regulatory 
evaluation under the regulatory policies and procedures of DHS is 
unnecessary. This temporary change will cause minimal interruption of 
the drawbridge's regular operation, since the change is only in effect 
during the winter months while the river is frozen.

[[Page 71707]]

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 
would not have a significant economic impact on a substantial number of 
small entities. This rule would be in effect for 5 months during the 
early winter months when the river is frozen over and navigation is 
practically at a standstill. The Coast Guard expects the impact of this 
action to be minimal.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they could better evaluate 
its effects on them and participate in the rulemaking. 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 1-800-REG-FAIR (1-800-734-3247).

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 expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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 does not create an 
environmental risk to health or risk to safety that may 
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 would 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 a significant energy action by 
the Administrator of the Office of Information and Regulatory Affairs. 
Therefore, it does not require a Statement of Energy Effects under 
Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. Paragraph 32(e) excludes the promulgation 
of operating regulations or procedures for drawbridges from the 
environmental documentation requirements of the National Environmental 
Policy Act (NEPA). Since this regulation would alter the normal 
operating conditions of the drawbridge, it falls within this exclusion.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

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. 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. From November 1, 2005, to April 1, 2006, in Sec.  117.667, suspend 
paragraph (a) and add new paragraphs (d) and (e) to read as follows:


Sec.  117.667  St. Croix River.

* * * * *

[[Page 71708]]

    (d) The draws of the Burlington Northern Santa Fe Railroad Bridge, 
Mile 0.2, 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.
    (e) The draw of the Prescott Highway Bridge, Mile 0.3, need not 
open for river traffic and may be maintained in the closed-to-
navigation position from November 1, 2005, to April 1, 2006.

    Dated: November 18, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-27102 Filed 12-9-04; 8:45 am]
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