[Federal Register: December 10, 2004 (Volume 69, Number 237)]
[Rules and Regulations]
[Page 71706-71708]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de04-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD08-04-018]
RIN 1625-AA09
Drawbridge Operation Regulation; St. Croix River, Wisconsin, MN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is changing the regulation governing the
Prescott Highway Bridge, across the St. Croix River at Mile 0.3, at
Prescott, Wisconsin. Under the rule, the drawbridge need not open for
river traffic and may remain in the closed-to-navigation position from
November 1, 2005, to April 1, 2006. This rule allows the bridge owners
to make necessary repairs to the bridge.
DATES: This rule is effective November 1, 2005, to April 1, 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 [CGD08-04-018] 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.
FOR FURTHER INFORMATION CONTACT: Mr. Roger K. Wiebusch, Bridge
Administrator, (314) 539-3900, extension 2378.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On September 21, 2004, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; St. Croix River,
Wisconsin and Minnesota in the Federal Register (69 FR 56379). We
received no comment letters on the proposed rule. No public hearing was
requested, and none was held.
Background and Purpose
On May 3, 2004, the Wisconsin Department of Transportation
requested a temporary change to the operation of the Prescott Highway
Bridge across the St. Croix River, Mile 0.3, at Prescott, Wisconsin, to
allow the drawbridge to remain in the closed-to-navigation position for
a 5-month period while the electrical and hydraulic systems are
overhauled. Navigation on the waterway consists of both commercial
(excursion boat) and recreational watercraft, which may be minimally
impacted by the closure period. Currently, the draw opens on signal for
passage of river traffic from April 1 to October 31, 8 a.m. to
midnight, except that from midnight to 8 a.m. the draw shall open on
signal if notification is made prior to 11 p.m. From November 1 to
March 31, the draw shall open on signal if at least 24 hours notice is
given. The Wisconsin Department of Transportation requested the
drawbridge be permitted to remain closed to navigation from November 1,
2005, to April 1, 2006.
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 this temporary change to operation of the
Prescott Highway Bridge to have minimal economic impact on commercial
traffic operating on the St. Croix River such that a full regulatory
evaluation under the regulatory policies and procedures of DHS is
unnecessary. This temporary change will cause minimal interruption of
the drawbridge's regular operation, since the change is only in effect
during the winter months while the river is frozen.
[[Page 71707]]
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 would be in effect for 5 months during the
early winter months when the river is frozen over and navigation is
practically at a standstill. The Coast Guard expects the impact of this
action to be minimal.
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 this rule so that they could better evaluate
its effects on them and participate in the rulemaking. 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 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 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 a significant energy action by
the Administrator of the Office of Information and Regulatory Affairs.
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 considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.1D, this rule is categorically excluded 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.
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 November 1, 2005, to April 1, 2006, in Sec. 117.667, suspend
paragraph (a) and add new paragraphs (d) and (e) to read as follows:
Sec. 117.667 St. Croix River.
* * * * *
[[Page 71708]]
(d) The draws of the Burlington Northern Santa Fe Railroad Bridge,
Mile 0.2, and the Hudson Railroad Bridge, 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.
(e) The draw of the Prescott Highway Bridge, Mile 0.3, need not
open for river traffic and may be maintained in the closed-to-
navigation position from November 1, 2005, to April 1, 2006.
Dated: November 18, 2004.
R.F. Duncan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 04-27102 Filed 12-9-04; 8:45 am]
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