[Federal Register: September 9, 2003 (Volume 68, Number 174)]
[Proposed Rules]
[Page 53079-53081]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se03-28]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-02-035]
RIN 1626-AA09
Drawbridge Operation Regulation Change, St. Croix River,
Minnesota and Wisconsin
AGENCY: Coast Guard, DHS.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard has revised its proposal to amend the
regulations governing the operation of the Burlington Northern Santa Fe
Railroad Bridge, mile 0.2, Prescott, Wisconsin; the U.S. 16-61 Bridge,
mile 0.3, Prescott, Wisconsin, the Union Pacific Railroad Bridge, mile
17.3, Hudson, Wisconsin across the St. Croix River, and the S36 Highway
Bridge at Stillwater, mile 23.4. The revised proposal would modify the
dates and hours requiring advanced notice for openings on each of the
bridges. This proposed change is intended to reduce the number of hours
that a drawtender is required to be on site at each of the bridges
while maintaining satisfactory service to vessels navigating the area.
DATES: Comments and related materials must be received by November 10,
2003.
ADDRESSES: Comments and related materials received from the public, as
well as documents indicated in this preamble as being available in the
docket, are part of docket CGD08-02-035 and are available for
inspection or copying at room 2.107f in the Robert A. Young Federal
Building at Eighth Coast Guard District, Bridge Branch, 1222 Spruce
Street, St. Louis, MO 63103-2832, between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. The telephone number is (314)
539-3900, extension 2378. Commander (obr) maintains the public docket
for this rulemaking.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 539-3900, extension 2378.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD08-02-
035), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
it reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the Eighth Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Regulatory History
On April 16, 2002, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation Change, St. Croix
River, MN in the Federal Register (67 FR 18521). On March 25, 2003, we
clarified a statement in the NPRM and reopened the comment period to
receive additional comments (68 FR 14364). We received six letters
commenting on the proposed rule. No public hearing was requested, and
none was held.
Background and Purpose
In accordance with 33 CFR 117.667, the draws of the Burlington
Northern Santa Fe Railroad Bridge, Mile 0.2 at Prescott, Wisconsin, the
U.S. 16-61 Bridge, Mile 0.3, at Prescott Wisconsin and the Union
Pacific Railroad Bridge, Mile 17.3, at Hudson, Wisconsin, currently
open on signal; except that, from December 15 through March 31, the
draws open on signal if at least 24-hours notice is given. Currently,
the S36 Stillwater Highway Bridge, Mile 23.4, opens on signal at
various times throughout the day from May 15 through October 15, and on
signal from October 16 through May 14. The NPRM proposed to amend the
regulations governing drawbridges across the St. Croix River by adding
a notice requirement for bridge openings during the summer season.
Specifically, the NPRM proposed requiring that advance notice be given
prior to 11 p.m. for openings between midnight and 7 a.m. from April 1
to October 15 for three of the four bridges.
The Burlington Northern Santa Fe Railroad, Mile 0.2 at Prescott
initially requested a change to the regulation for the Burlington
Northern Santa Fe Railroad, to open on signal from 7 a.m. to midnight
and to open between midnight and 7 a.m., if the bridge was notified
prior to 11 p.m during the summer tourism months. Although the request
was submitted by only one bridge owner, the approval would also impact
the U.S. 16-61 Bridge and the Union Pacific Railroad Bridge. Therefore,
the proposal was expanded to include these two bridges. The S36 Bridge
at Stillwater is more remotely located than the other three bridges,
and we have proposed a separate opening requirement for the S36 Bridge
rather than including it with the other three bridges.
Discussion of Comments and Changes
The rule proposed by the NPRM included two separate changes to the
existing regulation that affect the Burlington Northern Santa Fe
Bridge, the U.S. 16-61 bridge, and the Union Pacific railroad bridge.
The first change would restrict drawbridge openings between midnight
and 7 a.m. by requiring that advance notice be made by 11 p.m. the
night before. The second change would move up the date when the
drawbridges require 24-hour notification for an opening from December
15 to October 16 each year. The Coast Guard received six letters
commenting on one or both of the proposed changes.
One letter opposed the proposed requirement allowing the
drawbridges to remain in the closed to navigation position between
midnight and 7 a.m. except when a request for an opening was received
prior to 11 p.m. The letter cited impacts on weekend boaters who may
want late night openings, additional openings required by increases in
the river level, and the difficulty in amending the bridge operating
regulations once they have become effective. A review of the bridge
opening data for the period of April 1 to December 14 for the years
1998--
[[Page 53080]]
2002 revealed that bridge openings between midnight and 7 a.m.
decreased by 87% during that time period. For 2001, there were two
openings in this time period, and in 2002 there was one opening. Due to
the drastic reduction in requests for openings during the midnight to 7
a.m. time period, including weekends and high river stages, the Coast
Guard has determined that impact on vessel traffic in the affected area
will be minimal and may be avoided by making a request for an opening
prior to 11 p.m. Accordingly, the requirement to give advanced notice
for openings between midnight and 7 a.m. will remain in the proposed
rule. With regard to the burden of modifying or removing a regulation
once in effect, nothing in this proposed rule would create an unusual
burden to future amendment in accordance with Administrative Procedures
Act.
Three letters proposed changing the time period that requires an
advance notice from midnight to 7 a.m. to midnight to 8 a.m. This would
allow the drawbridge owners to provide two standard eight-hour work
shifts instead of one eight-hour shift and one nine-hour shift during 8
a.m. to midnight time period when the bridges would be required to open
on signal. A review of the historical bridge opening data for the
affected bridges revealed that the bridges opened on average less than
two times per month between the hours of 7 a.m. and 8 a.m. for the
period April 1 through October 31. The Coast Guard agrees that changing
the end of the time period from 7 a.m. to 8 a.m. would have minimal
impact on vessel traffic and facilitate more manageable work shifts for
the bridge owner. Additionally, vessels that might be impacted by the
change can avoid delays by requesting a bridge opening prior to 11 p.m.
the day before. Therefore, we have amended the proposed rule to reflect
the time change.
Two letters opposed moving the start of the winter 24-hour
notification time period from December 15 to October 16. One of the
letters cited that the boating season on the St. Croix River does not
traditionally end until late October. The other letter cited a
deterrent effect on vacationers wanting to view the fall colors on the
river. After reviewing the bridge opening data for October 16 through
November 1, the Coast Guard has determined that the amount of vessel
traffic on the St. Croix River is sufficient to amend the beginning
date for the 24-hour notification period from October 16 to November 1.
In summary, this SNPRM proposes modifying the rule as it was
originally proposed in the NPRM by extending the time period requiring
advanced notification before 11 p.m. during the summer tourism season
by one hour from midnight to 8 a.m. instead of midnight to 7 a.m. This
SNPRM also proposes moving the ending date of the summer operating
hours from October 15, as it was originally proposed in the NPRM, to
October 31.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of the 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).
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
Implementing the proposed regulation would allow the owners of
drawbridges to reduce the number of hours drawtenders are required to
be on site due a reduction in requests to open the drawbridges between
midnight and 8 a.m. from 1 April to 31 October. Previously, these
advanced notification requirements were temporarily instated to
facilitate maintenance on the bridges. During these maintenance
periods, the bridge owners received no complaints from commercial or
recreational vessel operators. Additionally, this has become the widely
accepted method of voluntarily requesting bridge openings from local
vessel operators during non-maintenance periods without complaint.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed 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 proposed
rule will not have a significant economic impact on a substantial
number of small entities. The Coast Guard identified local marinas as
small entities that might be affected by this rule due to restricted
access to the marinas during periods when drawtenders are not on site.
These entities were consulted prior to initiating this rulemaking
process to minimize the economic impact that might result from this
proposed rule.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
Addresses) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 the proposed rule so that they could better
evaluate its effects on them and participate in the rulemaking process.
Any individual that qualifies or, believes he or she qualifies as a
small entity and requires assistance with the provisions of this
proposed rule may contact Mr. Roger K. Wiebusch, Bridge Administrator,
Eighth Coast Guard District, Bridge Branch, at (314) 539-3900,
extension 2378.
Collection of Information
This proposed 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 proposed 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 proposed 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 proposed rule would not affect a taking of private property or
otherwise
[[Page 53081]]
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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 proposed 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 proposed 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 proposed 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 by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
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. Promulgation of changes to drawbridge
regulations have been found to not have significant effect on the human
environment. A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
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.
2. In Sec. 117.667, paragraph (a) and paragraph (b), introductory
text, are revised and a new paragraph (b)(3) is added to read as
follows:
Sec. 117.667 St. Croix River
(a) The draws of the Burlington Northern Railroad Drawbridge, mile
0.2, Prescott Highway Drawbridge, mile 0.3, and the Hudson Railroad
Drawbridge, 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.
(b) The draw of the Stillwater Highway Bridge, mile 23.4, shall
open on signal as follows:
* * * * *
(3) From October 16 through May 14, if at least 24 hours notice is
given.
* * * * *
Dated: August 25, 2003.
J.W. Stark,
Captain, U.S. Coast Guard, Acting Commander, 8th Coast Guard Dist.
[FR Doc. 03-22793 Filed 9-8-03; 8:45 am]
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