[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Proposed Rules]
[Pages 46697-46698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23442]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-97-004]
RIN 2115-AE47
Drawbridge Operation Regulation for the Minnesota River
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rule making.
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SUMMARY: The Coast Guard proposes removing the 24 hour advance notice
requirement from the regulation governing operation of drawbridges over
the Minnesota River between the mouth and LeSueur, MN. This action is
being taken to update the regulation to reflect existing conditions and
to ensure the reasonable needs of navigation are met. The change will
require drawbridges on that reach of the river to open on demand in
accordance with the general drawbridge operating regulations under 33
CFR 117 Subpart A.
DATES: Comments must be received on or before November 3, 1997.
ADDRESSES: Comments may be mailed to Director, Western Rivers
Operations (ob), Eighth Coast Guard District, 1222 Spruce Street, St.
Louis, MO 63103-2832, Attention: Bridge Administrator. Comments may
also be delivered to Room 2.107f at the above address between 8 a.m.
and 3 p.m., Monday through Friday, except Federal holidays. The
telephone number is (314) 539-3900, extension 378.
The Bridge Branch, Director Western Rivers Operations, maintains
the public docket for this rulemaking. Comments will become part of the
public docket and the docket will be available for inspection or
copying in room 2.107f at the above address.
FOR FURTHER INFORMATION CONTACT: Roger K. Wiebusch, Bridge
Administrator, Director Western Rivers Operations, 314-539-3900,
extension 378.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourage interested persons to particiate in this
rulemaking by submitting written data, views, or arguments. The Coast
Guard is soliciting comments on the regulation change until November 3,
1997. The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guared plans no public hearing. Persons may request a
public hearing by writing to the Bridge Administrator at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at the time and place announced by a later notice in the
Federal Register.
Background and Purpose
The proposed change will ensure the regulation reflects favorable
existing drawbridge operating practices. Coordination between the Coast
Guard, waterway users and owners of the only affected drawbridge at
Savage, MN, Mile 14.3 on the Minnesota River, have resulted in the
bridge being operated in a manner that meets the needs of both
navigation and the railroad. (All written correspondence regarding this
coordination is available in the public docket). Operation of the
Savage Drawbridge will revert to the existing general drawbridge
regulations found in 33 CFR, 117 Subpart A, i.e. it will open on
demand. Approval of this proposal will eliminate an obsolete and
undesirable drawbridge regulation and ensure continued favorable
drawbridge operation practices.
Discussion of Change
This proposed rule will remove the requirement in 33 CFR 117.663,
paragraph (a), that currently requires river traffic to provide 24
hours advance notice for drawbridge operation. All bridges below
(downstream of) LeSueur, MN will now operate under the general bridge
requirements found in 33 CFR 117 Subpart A, i.e. will have to open upon
demand. The only bridge that will be affected is the railroad
drawbridge at Savage, MN. The proposed rule will maintain the existing
language in the second paragraph of 33 CFR 117.663 stating that the
draws of bridges above LeSueur, MN need not be opened for the passage
of vessels.
Regulatory Evaluation
This rule is not a significant regulatory action under 3(f) of
Executive Order 12866 and does not require an assessment of potential
cost and benefits under section 6(a)(3) of that order. It has been
exempted from review by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
The proposed rule affects one drawbridge and is not expected to
significantly alter the day-to-day activities of any businesses.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this change, if adopted, will have a
significant economic impact on a substantial number of small entities.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000. Because the proposed rule affects only
one drawbridge and requires the bridge to open upon demand, the Coast
Guard expects the impact of this change to be minimal. Therefore, the
Coast Guard certifies under 5 U.S.C. 605(b) that this change, if
adopted, will not have a significant economic impact on a substantial
number of small entities. If, however, you think that your business or
organization qualifies as a small entity and that this proposed rule
will have a significant economic impact on your business or
organization, please submit a comment (See ADDRESSES) explaining why
you think it qualifies and in what way and to what degree this proposed
rule will economically affect it.
Collection of Information
This proposed rule contains no collection of information
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this change does not have sufficient federalism
[[Page 46698]]
implications to warrant preparation of a Federalism Assessment.
Environment
The Coast Guard has reviewed the environmental impact of this
proposed rule and concluded that under section 2.B.2e(32) of COMDTINST
M16475.1B, this proposed change is categorically excluded from further
environmental documentation because promulgation of changes to
drawbridge regulations have been found not to have significant effect
on the environment. A ``Categorical Exclusion Determination'' is
available for inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulation
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. Sec. 499; 49 CFR 1.46; 33 CFR 1.05-1(g);
section 117.255 also issued under the authority of Pub. L. 102-587,
106 Stat. 5039.
2. Section 117.663 is revised to read as follows:
Sec. 117.663 Minnesota River.
The draws of bridges above LeSueur, MN need not be opened for the
passage of vessels.
Dated: August 21, 1997.
T.W. Josiah,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 97-23442 Filed 9-3-97; 8:45 am]
BILLING CODE 4910-14-M
