[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Rules and Regulations]
[Pages 22199-22201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10186]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0687]


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is altering the operating schedule that 
governs the Stillwater Highway Bridge across the St. Croix River, mile 
23.4, at Stillwater, Minnesota. This action is necessary because the 
Stillwater Highway Bridge is no longer open to vehicular traffic. This 
operating schedule change will increase daily openings for vessel 
traffic on the St. Croix River, while minimally impacting the 
pedestrian and bicycle traffic that transits the bridge.

DATES: This rule is effective May 15, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-0687 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Stillwater Highway Bridge, across the St. Croix River, mile 
23.4, at Stillwater, Minnesota, currently operates under 33 CFR 
117.667(b). The Stillwater Highway Bridge provides a vertical clearance 
of 10.9 feet above normal pool in the closed-to-navigation position. 
Navigation on the waterway consists primarily of commercial 
sightseeing/dinner cruise boats and recreational watercraft. On July 7, 
2017, the Coast Guard was informed that with the August 2017 opening of 
the new St. Croix River Crossing, vehicular traffic over the Stillwater 
Highway Bridge terminated. In response, on August 30, 2017, we 
published a temporary deviation titled Notice of temporary deviation 
from drawbridge regulations; request for comments (82 FR 41174). There, 
we stated why we issued the temporary deviation, and invited comments 
on whether a permanent change to the Stillwater Highway Bridge 
operating schedule was warranted. In addition, the petition we received 
for schedule change was made available for public inspection in the 
Federal eRulemaking Portal online docket at http://www.regulations.gov. 
During the comment period that ended on November 28, 2017, we received 
41 comments.
    The Coast Guard is issuing this rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that 
good cause exists for not publishing a notice of proposed rulemaking 
(NPRM) with respect to this rule because it is unnecessary. The 
temporary deviation provided for public notice and comment, and this 
final rule lifts, rather than imposes, restrictions on the operating 
schedule of the Stillwater Highway Bridge.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal

[[Page 22200]]

Register. Delaying the effective date of this rule would be 
impracticable and contrary to the public interest because immediate 
action is needed to change the schedule of the bridge before the summer 
boating season begins.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
The Stillwater Highway Bridge currently operates under 33 CFR 
117.667(b). It has been closed to vehicular traffic and is now open for 
pedestrian and bicycle use only. As the current operating schedule was 
created solely to reduce the impact of drawspan openings on vehicular 
traffic, it now no longer serves the purpose or needs of the bridge.

IV. Discussion of Comments, Changes and the Rule

    As noted above, we received 41 comments on our temporary deviation 
published on August 30, 2017. Of the 41 comments we received, 37 were 
in favor of the new schedule, and 4 were not. Most of the 37 commenters 
in favor of the half hour schedule identified as boaters and stated 
that the half hour lift schedule represented a good compromise between 
boaters and pedestrians. Of the 4 commenters not in favor of the 
schedule, two stated that no change was necessary, one requested no 
change until a study regarding the schedule impact on bicyclists could 
be conducted, and one commenter, the Minnesota Department of 
Transportation, the owner of the bridge, requested that the schedule be 
adjusted to keep the number of lifts consistent with previous years.
    The Coast Guard finds that there is a need to change the current 
schedule as it no longer serves the needs or purpose of the bridge. The 
Coast Guard also finds that a study regarding the impact of the new 
schedule specifically on bicyclists is not necessary to delay the 
schedule change for the upcoming boating season. Finally, while the 
Coast Guard understands the Minnesota Department of Transportation's 
concerns for keeping a consistent number of openings with previous 
years, the Minnesota Department of Transportation did not propose an 
alternate schedule, and as described above, the needs and purpose of 
the bridge have changed from previous years.
    Approximately 5 of the 37 commenters in favor of the rule also 
proposed that the bridge either remain open and close on request of 
pedestrians, open on demand, or open every 15 minutes. The Coast Guard 
disagrees with these proposals. However, 2 of these 37 commenters 
proposed that, at least while the bridge is closed to pedestrian and 
bicycle traffic during construction, the bridge should remain open. The 
Coast Guard disagrees as the Minnesota Department of Transportation may 
have particular needs, such as for maintenance and repair, to keep the 
bridge in the closed position even while it is not open to pedestrian 
traffic.
    Further, 2 of the 37 commenters in favor of the new schedule also 
proposed that the bridge's off-season 24 hour notice requirement be 
reduced to 2 hour notice, and another 3 of these 37 commenters also 
requested a no-wake zone in the vicinity of the bridge. These proposals 
were not part of the temporary deviation and are outside the scope of 
this rulemaking.
    Finally, the Minnesota Department of Transportation requested that 
the Coast Guard work with the Minnesota and Wisconsin State Historic 
Preservation Offices to ensure that the schedule has no adverse effect 
under Section 106 of the Historic Preservation Act and also that the 
Coast Guard hold public meeting before making a permanent change to the 
schedule. Neither the Minnesota nor the Wisconsin State Historic 
Preservation Office themselves submitted a comment on the temporary 
deviation, and the schedule change is merely operational and has no 
effect on the aesthetics of the Stillwater Highway Bridge. Moreover, 
absent a specific need to hold a public meeting, the Coast Guard finds 
that there has been sufficient public comment on this schedule in the 
public docket of the temporary deviation. Accordingly, the Coast Guard 
finds that it is appropriate to adopt the schedule change that was 
implemented during the temporary deviation.
    There are no changes in the regulatory text of this rule from the 
temporary deviation. This rule requires the bridge to open daily, every 
30 minutes from 8 a.m. until midnight, and upon two hours notice from 
midnight until 8 a.m.

V. 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 and Executive orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the findings from 
the test deviation that the final rule will reduce negative impact to 
navigation while minimally impacting bicycle and pedestrian traffic.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 will not have a significant economic impact on a 
substantial number of small entities. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section V.A above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    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. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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

[[Page 22201]]

1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate 
against small entities that question or complain about this rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. 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.

F. 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 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule simply promulgates the operating regulations or procedures for a 
drawbridge. It is categorically excluded from further review under 
paragraph L49 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. Neither a Record of Environmental Consideration nor a 
Memorandum for the Record are required for this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the For Further 
Information Contact section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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 117.667(b) to read as follows:


Sec.  117.667  St. Croix River.

* * * * *
    (b) The draw of the Stillwater Lift Bridge, Mile 23.4, shall open 
on signal as follows:
    (1) From May 15 through October 15, daily:
    (i) 8 a.m. to midnight, every half hour;
    (ii) Midnight to 8 a.m., upon two hours notice.
    (2) From October 16 through May 14, if at least 24 hours notice is 
given.
* * * * *

    Dated: May 8, 2018.
Paul F. Thomas,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2018-10186 Filed 5-11-18; 8:45 am]
 BILLING CODE 9110-04-P