[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Rules and Regulations]
[Pages 7405-7407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2797]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD08-04-036]
RIN 1625-AA09


Drawbridge Operation Regulation; St. Croix River, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is changing the regulation governing the 
Stillwater Highway Drawbridge, across the St. Croix River at Mile 23.4, 
at Stillwater, Minnesota. Under this rule, the drawbridge need not open 
for river traffic and may remain in the closed-to-navigation position 
from midnight, October 14, 2005, until midnight, March 15, 2006. This 
rule allows time to perform maintenance and repairs to the bridge.

DATES: This rule is effective from midnight, October 14, 2005 until 
midnight, March 15, 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 [CGD08-04-036] 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. Commander (obr), Eighth Coast Guard 
District, maintains the public docket for this rulemaking.

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

SUPPLEMENTARY INFORMATION:

Regulatory History

    On November 5, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; St. Croix River, 
Minnesota,'' in the Federal Register (69 FR 64553). We received no 
comment letters on the proposed rule. No public meeting was requested, 
and none was held.

Background and Purpose

    On September 13, 2004, the Minnesota Department of Transportation, 
requested a temporary change to the operation of the Stillwater Highway 
Drawbridge across the St. Croix River, Mile 23.4, at Stillwater, 
Minnesota to allow the drawbridge to remain in the closed-to-navigation 
position for 152 consecutive days for critical repairs and maintenance.
    The Stillwater Highway Drawbridge navigation span has a vertical 
clearance of 10.9 feet above normal pool in the closed to navigation 
position.
    Navigation on the waterway consists primarily of commercial and 
recreational watercraft and will not be significantly impacted due to 
the reduced navigation in winter months. Presently, the draw opens from 
October 16 until May 14 with 24 hours advance notice for passage of 
river traffic. The Minnesota Department of Transportation requested the 
drawbridge be permitted to remain closed-to-navigation from midnight, 
October 14, 2005 until midnight, March 15, 2006. Winter conditions on 
the St. Croix River will preclude any significant navigation demands 
for the drawspan opening. Performing maintenance on the bridge during 
the winter, when the number of vessels likely to be impacted is 
minimal, is preferred to bridge closure or advance notification 
requirements during the navigation season. This temporary change to the 
drawbridge's operation has been coordinated with the commercial 
waterway operators.

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 that this temporary change to the operation 
of the Stillwater Highway Drawbridge will have minimal economic impact 
on commercial traffic operating on the St. Croix River. This temporary 
change has been written in such a manner as to allow for minimal 
interruption of the drawbridge's regular operation.

[[Page 7406]]

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.

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 1-800-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 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 
regulatory 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. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. 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 analyzed this rule under Commandant Instruction M16475.1D, 
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.
    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. 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.

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 midnight, October 14, 2005, until midnight, March 15, 2006, in 
Sec.  117.667, suspend paragraph (b) and add a new paragraph (f) to 
read as follows:

[[Page 7407]]

Sec.  117.667  St. Croix River.

* * * * *
    (f) The Stillwater Highway Drawbridge, mile 23.4, St. Croix River, 
at Stillwater, Minnesota, need not open for river traffic and may be 
maintained in the closed-to-navigation position.

    Dated: January 26, 2005.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 05-2797 Filed 2-11-05; 8:45 am]
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