[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Rules and Regulations]
[Pages 69759-69761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28285]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0937]
RIN 1625-AA09


Drawbridge Operation Regulation; Black River, La Crosse, WI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Canadian Pacific Railroad Drawbridge across the Black River 
at Mile 1.0 near La Crosse, Wisconsin. The drawspan shall immediately 
open upon demand once the vessel requiring an opening establishes 
contact with the remote operator located in Minneapolis,

[[Page 69760]]

Minnesota, via radiotelephone on VHF-FM Channel 16, or by standard 
telephone calling (507) 895-6087. The remote drawbridge operator will 
ensure the drawspan can safely be opened, immediate move it to the open 
to navigation position, and then maintain constant contact with the 
vessel until it has completely transited the bridge.

DATES: This rule is effective November 21, 2012.

ADDRESSES: 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-2011-0937 and are available online by 
going to http://www.regulations.gov, inserting USCG-2011-0937 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 email Eric A. Washburn, Bridge Administrator, Western Rivers, 
Coast Guard; telephone 314-269-2378, email [email protected]. If 
you have questions on viewing the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

A. Regulatory History and Information

    On November 14, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Black River, La 
Crosse, Wisconsin, in the Federal Register (76 FR 70384). We received 
no comments on the rule. A public meeting was held on November 29, 
2011, in La Crosse, Wisconsin, at which no objections were presented 
against the rule. On June 15, 2012, through July 15, 2012, we 
authorized a test deviation period to gauge the effects of the rule on 
the waterway users. No objections were presented during or after the 
test deviation period.

B. Basis and Purpose

    The Black River is a navigable waterway of the United States from 
its mouth at mile 698.2 of the Upper Mississippi River, to 
approximately mile 3.0. Heavy recreational vessel traffic can be found 
along the length of the river and commercial navigation primarily 
operates up to mile 1.4. In this reach commercial barge operations 
handle cement, chemical, and fuel products at various loading 
terminals. A large recreational vessel manufacturer and marine repair 
facility are also located within this stretch of river.
    In order to reduce wait time for requested drawbridge openings, 
while also reducing operating costs, Canadian Pacific requested a 
change to operation of this drawbridge. Canadian Pacific proposed that 
the drawbridge be operated via a procedure where vessels contact a 
remote drawbridge operator through VHF-FM Channel 16 or telephone (507) 
895-6087 and request an opening. The remote operator would then ensure 
that no trains are in the block and then open the drawspan as 
appropriate. Once opened to navigation, the drawbridge would remain 
raised until the remote operator verifies safe passage of the vessel by 
means of radio or telephone confirmation with the passing vessel, video 
monitoring, and boat detection equipment.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period of 60 days in which no 
comments were received.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or executive orders.

1. 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, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under that Order.
    The impact of this regulatory action upon the current regulatory 
text is that it communicates a change in the procedure to open the 
drawbridge. Specifically, this action changes the regulatory text from 
``The draw of the CP Rail railroad bridge, mile 1.0 at La Crosse, shall 
open on signal if at least two hours notice is given'' to ``The 
drawspan of the Canadian Pacific Railroad Bridge, mile 1.0, at La 
Crosse, Wisconsin is operated by a remote operator located at the 
Canadian Pacific Railway Minneapolis Operations Center, in Minneapolis, 
Minnesota. Drawspan shall open upon demand by contacting remote 
operator via VHF-FM Channel 16 or telephone (507) 895-6087.''

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. 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 action is based on the expected reduction in wait time for 
drawspan openings and will not impact the local businesses, 
organizations, or government entities in the community.
    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. The Coast Guard 
provided a comment period of 60 days in which no comments were 
received.

12. 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. The Coast Guard provided a comment period 
of 60 days in which no comments were received.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards. The Coast Guard 
provided a

[[Page 69761]]

comment period of 60 days in which no comments were received.

14. 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. Revise Sec.  117.1081 to read as follows:


Sec.  117.1081  Black River.

    The drawspan of the Canadian Pacific Railroad Bridge, mile 1.0, at 
La Crosse, Wisconsin is operated by remote operator located at the 
Canadian Pacific Railway Minneapolis Operations Center, in Minneapolis, 
Minnesota. Drawspan shall open upon demand by contacting remote 
operator via VHF-FM Channel 16 or telephone (507) 895-6087.

    Dated: October 31, 2012.
Roy A. Nash,
Rear Admiral, Commander, U.S. Coast Guard, Eighth Coast Guard District.
[FR Doc. 2012-28285 Filed 11-20-12; 8:45 am]
BILLING CODE 9110-04-P