[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]
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