[Federal Register Volume 76, Number 61 (Wednesday, March 30, 2011)]
[Rules and Regulations]
[Pages 17542-17544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7466]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-1055]
RIN 1625-AA09


Drawbridge Operation Regulations; Rainy River, Ranier, MN

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a drawbridge regulation for 
the Canadian National Railway Bridge across the Rainy River at Mile 
85.0 at Rainer, Minnesota. This rule addresses the request by the 
bridge owner to remotely operate the drawbridge and establishes 
seasonal dates of operation.

DATES: This rule is effective: April 29, 2011.

DATES: Comments and related materials received from the public, as well 
as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2010-1055 and are available online by 
going to http://www.regulations.gov, inserting USCG-2010-1055 in the 
``Keyword'' box, and then clicking ``Search''. This material is also 
available for inspection or copying at the Docket Management Facility 
(M-30), U.S. Department of Transportation, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC, 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or e-mail Mr. Lee Soule, Bridge Management Specialist, Ninth Coast 
Guard District; telephone (216) 902-6085, e-mail [email protected]. 
If you have questions on viewing material in the docket, call Renee V. 
Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 27, 2010, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Rainey River, Rainer, 
MN. in the Federal Register (75 FR 32381). We received 7 positive 
comments and 1 negative comment. No public meeting was requested, and 
none was held.

Basis and Purpose

    Currently, there is no drawbridge regulation for this drawbridge or 
waterway. The drawbridge is required to open on signal at all times in 
accordance with the general opening requirements at 33 CFR 117.5. Rainy 
River and Rainy Lake serve as the border between the United States of 
America and Canada. This bridge is a single leaf bascule type railroad 
bridge that provides a horizontal clearance of 125 feet. The water 
level on Rainy Lake and under the bridge is controlled by a hydro-
electric dam facility at International Falls, Minnesota, thus charted 
datum is based on the water level surface of Rainy Lake when the gauge 
at Fort Frances, Canada reads 1107.0 feet resulting in a variable 
vertical clearance of 6 to 10 feet in the closed position. Pursuant to 
33 CFR 117.8, numerous local entities, including; local governments, 
federal entities, and private citizens requested improvement to the 
service provided at the drawbridge to allow greater reliability for 
bridge openings for vessel traffic. Vessel traffic on the waterway 
consists of federal, state, and local public vessels, small commercial 
vessels, and both power and sail recreational vessels. The railroad 
bridge carries significant train traffic across the international 
border. Rainer is a customs port-of-entry, with particular requirements 
for trains and vessels.
    The drawbridge was remotely operated for several years without 
explicit approval by Commander, Ninth Coast Guard District. The bridge 
owner, Canadian National Railway (CN RR), requested approval to 
continue using remote operation equipment and operate the drawbridge 
with remotely located drawtenders in accordance with 33 CFR 117.42. In 
the last year, the Coast Guard was informed the drawbridge is routinely 
unresponsive to signals and communications from vessels for bridge 
openings. In addition, the presence of government and public

[[Page 17543]]

vessels operating between Rainy River and Rainy Lake has magnified the 
need for the drawbridge to be responsive and reliable for all vessel 
traffic.
    This regulation does not authorize remote operations and requires 
the bridge owner to provide the necessary drawtender(s) for the safe 
and prompt opening of the drawbridge each year between May 1 and 
October 15, 24 hours a day, 7 days a week. From October 16 to April 30 
each year the bridge would open for vessels if 12-hours advance notice 
is provided. Additionally, this regulation requires the bridge owner to 
post and maintain a clearance gauge to indicate to vessels the water 
levels and available clearance while the bridge is in the closed-to-
navigation position.

Discussion of Comments and Changes

    We received eight (8) comments in response to the NPRM. Seven (7) 
comments generally supported the proposed regulation, as written, 
including letters of support from the City of International Falls, the 
City of Rainer, and Koochiching County Board of Commissioners. Among 
the supporting comments, one commenter requested the Coast Guard 
require the bridge to be maintained in the open-to-navigation position, 
require radiotelephone operation, require additional visual signals to 
advise when the drawbridge would open for vessels, and to specify a 
maximum amount of time that the drawbridge could remain closed to 
vessel traffic. The Coast Guard did not include a specific time 
requirement in the NPRM due to the wide variation in times for train 
and border processes. The same time could not be applied for every 
instance. The Coast Guard passed the commenter's requests to leave the 
bridge in the open-to-navigation position when trains are not crossing, 
install and operate radiotelephone, and provide additional visual 
signals to improve communications with vessels and access through the 
crossing to the bridge owner. The Coast Guard may require 
radiotelephone installation and operation in the future.
    One negative comment was submitted by the bridge owner, Canadian 
National Railway (CN RR). The comment from CN RR questions the 
justification to require drawtenders due to infrequent bridge openings 
for vessels in recent years. The commenter also requests that the Coast 
Guard alter the proposed dates and times that drawtenders would be 
required to be at the drawbridge. CN RR states that no bridge opening 
requests were received until June 20th last year, and that between 
Memorial Day and Labor Day last year the bridge was required to be 
opened a total of 31 times, resulting in an average of 2.2 bridge 
openings per week. Based on the information provided by other comments 
received in response to the NPRM the Coast Guard is concerned about the 
drawbridge being responsive to requests for bridge openings and not 
being operated in accordance with federal drawbridge regulations. No 
other comments were received in response to the NPRM concerning the 
proposed dates and times that the bridge must open on signal.
    We made two modifications to the rule from the NPRM that were not 
based on comments in response to the NPRM. The name ``Rainey'' will be 
changed to ``Rainy'' to conform to the spelling on U.S. nautical charts 
and publications. An editorial change was made to the language 
describing the requirement for clearance gauges, citing the applicable 
Code of Federal Regulations.
    This rule is expected to provide for the reasonable balance of all 
modes of transportation and effectively accomplish the requested goal 
of improving bridge openings and communications between vessel 
operators and the CN RR drawtender(s).

Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders. The Coast Guard 
believes that the drawbridge has not been operated in accordance with 
the drawbridge regulations in 33 CFR part 117. This rule is expected to 
bring the drawbridge into full compliance with the federal drawbridge 
regulations.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, 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.

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 will provide for on demand drawbridge 
openings from May 1 to October 16, thereby improving access for any 
small entities during warmer weather, when most transits typically 
occur, and provide for openings with 12 hour advance notice during the 
rest of the year.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.

Collection of Information

    This rule would call 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 (adjusted for 
inflation) 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 would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

[[Page 17544]]

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. 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 Department of Homeland Security 
Management Directive 023-01, and Commandant Instruction M16475.lD, 
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 this action is one of a category of actions which 
do not individually or cumulatively have a significant effect on the 
human environment. This rule is categorically excluded under figure 2-
1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Add Sec.  117.664 to read as follows:


Sec.  117.664  Rainy River, Rainy Lake and their tributaries.

    The draw of the Canadian National Bridge, mile 85.0, at Rainer, 
shall open on signal; except that, from October 16 to April 30, the 
draw shall open on signal if at least 12-hours advance notice is 
provided. The commercial phone number to provide advance notice shall 
be posted on the bridge so that it is plainly visible to vessel 
operators approaching the up or downstream side of the bridge. The 
owners of the bridge shall maintain clearance gauges in accordance with 
33 CFR 118.160 of this chapter.

    Dated: March 21, 2011.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2011-7466 Filed 3-29-11; 8:45 am]
BILLING CODE 9110-04-P