Drawbridge Operation Regulations; St. Croix River, MN and WI

DEPARTMENT OF TRANSPORTATION

33 CFR Part 117

[CGD02-93-002

RIN 2115-AE47

Drawbridge Operation Regulations; St. Croix River, MN and WI

AGENCY: Coast Guard, DOT.

ACTION: Final temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary rule to regulate

the operation of the S36 Bridge over the St. Croix River at mile 23.4,

at Stillwater. The present opening schedule has contributed to traffic

delays and congestion in Stillwater. The existing regulation is being

temporarily amended for the purpose of evaluating the reasonableness of

proposed changes. The Coast Guard is requesting comments from

interested parties throughout the evaluation period.

EFFECTIVE DATES: This temporary rule is effective from June 3, 1994 to

October 15, 1994. Comments must be received on or before November 15,

1994.

ADDRESSES: Comments may be mailed to Commander (ob), Second Coast Guard

District, 1222 Spruce Street, St. Louis, Missouri 63103-2832,

Attention: docket CGD02-93-002.

Comments may also be delivered to room 2.107B at the above address

between 8 a.m. and 3 p.m., Monday through Friday, except federal

holidays. For information concerning comments, the telephone number is

(314) 539-3724.

FOR FURTHER INFORMATION CONTACT:

Roger K. Wiebusch, Bridge Administrator, Second Coast Guard District,

1222 Spruce Street, St. Louis, Missouri 63103-2832, telephone (314)

539-3724.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD02-93-002), identify the specific section

of this proposal to which each comment applies, and give the reason for

each comment. Each person who wants an acknowledgment of the receipt of

comments should enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. The Coast Guard may change or not implement a final

rule in view of the comments.

The Coast Guard does not plan to hold another public meeting.

However, persons may request a public meeting by writing to the Docket

Clerk at the address under ADDRESSES. If the Coast Guard determines

that the opportunity to make oral presentations will aid the rulemaking

process, the Coast Guard will hold a public hearing at a time and place

announced by a later notice in the Federal Register.

Drafting Information

The principal persons involved in drafting this document are Wanda

G. Renshaw, Project Manager, and Lieutenant Commander Arn Denny,

Project Attorney.

Regulatory History

On Friday, October 8, 1993, the Coast Guard published a notice of

proposed rulemaking entitled Drawbridge Operation Regulations, St.

Croix River, Minnesota and Wisconsin in the Federal Register (58 FR

52466). The Coast Guard received six comments on the proposal. A public

meeting was requested and held on April 7, 1994, in the Stillwater

Municipal Building.

For the reasons discussed below, the Coast Guard has decided to

issue a temporary regulation which will allow it to evaluate the

proposed changes for the remainder of the summer boating season. The

Coast Guard has decided that good cause exists for making this

temporary regulation effective upon publication in the Federal Register

because, since vessel traffic falls off dramatically in the fall, early

implementation will provide for an evaluation period which will include

as much of the summer boating season as is possible.

Background and Purpose

The St. Croix River is heavily used by recreational craft. River

excursion boats are the only known commercial navigation passing the

bridge. To meet the navigational needs of these boaters, the S36 Bridge

is presently required to open on signal, from May 15 through October

15, on a set schedule of hourly and half-hourly openings from 8 a.m. to

10 p.m. From October 16 through May 14 the draw will open on signal if

at least 24 hours notice is given.

The Mayor of Stillwater requested that the operating schedule be

amended as a means of reducing traffic congestion on the approaches to

the bridge. As a result, the Coast Guard proposed a change which would

permit hourly openings on weekdays from 8 a.m. to 10 p.m. and on

Saturdays, Sundays and federal holidays from 8 a.m. to midnight. The

draw would continue to be operated with two hours advance notice from

10 p.m. to 8 a.m. weekdays, and from midnight to 8 a.m., Saturdays,

Sundays, and federal holidays.

Discussion of Comments and Changes

The Coast Guard received six comments on the Notice of Proposed

Rulemaking. Three supported the proposed change citing increased bank

erosion from heavy recreational traffic, air pollution from waiting

vehicles, and loss of business in Stillwater due to traffic congestion

and delays caused by frequent bridge openings. One, from the Minnesota

Historical Society, stated that the proposed action would have no

effect on the historic characteristics of the bridge, which is listed

on the National Register of Historic Places. Two, a local recreational

boater and the owner of a local marina, objected to the proposed

change. The boater commented that traffic congestion existed in

downtown Stillwater during the winter months when the bridge was not

opened for river traffic. He noted that excessively long bridge

openings, resulting in increased delay times to highway traffic, during

the preceding boating season were caused by unusual and persistent high

river levels, requiring longer span openings to accommodate vessels

that could have passed under the closed span during normal water

conditions. He also noted that traffic delays were exacerbated by

vehicles parking on streets approaching the bridge, and that the

increased use of the bridge by tractor-trailers often precluded two-way

traffic on the narrow bridge. The marina owner objected to the proposal

because he would lose the business of larger vessels presently moored

at his facility which required bridge openings to travel downriver. He

commented that the City of Stillwater had received proposals over the

past several years to resolve the traffic congestion, but had not

implemented any of the recommendations. He also noted that street

parking in downtown Stillwater restricted traffic flow. He questioned

the perceived increase in boating traffic versus highway traffic, and

requested that a public meeting be held to present the facts and

discuss possible solutions. That meeting was convened in Stillwater on

April 7, 1994.

As a result of the public meeting and of the objections to the

proposed revision, the Coast Guard requested that Minnesota Department

of Transportation (MNDOT) conduct traffic studies, evaluate the

results, and recommend an opening schedule that would retain an

acceptable number of bridge openings and provide for peak highway

traffic. Based on its evaluation of traffic counts and studies, MNDOT

advised that no change was warranted by traffic conditions during

weekday morning hours. Because heavy vehicular traffic arrived between

3 p.m. and 7 p.m. on weekdays, MNDOT recommended that the existing

schedule be observed up to and including the 2:30 p.m. opening and that

openings after 2:30 p.m. should occur at 4 p.m., 5:30 p.m., 6:30 p.m.,

and 7 p.m. with an opening every half hour thereafter until 10 p.m.

Because heavy vehicular traffic arrived between 9 a.m. and 8 p.m. on

weekends and holidays, MNDOT recommended that the existing schedule be

retained, up to and including the 9 a.m. opening, and that the opening

schedule be revised for one opening per hour from 9 a.m. until 8 p.m.

with half-hourly openings from 8 p.m. until midnight.

The Coast Guard has decided to amend the existing regulation with a

temporary rule promulgating the opening schedule recommended by MNDOT.

This temporary rule will be evaluated throughout the 1994 St. Croix

River boating season and comments on the revision will continue to be

received through November 15, 1994. The Coast Guard decided to make the

amendment under temporary rulemaking rather than under a deviation

which is valid only for up to 90 days because extending the evaluation

period through the remainder of the St. Croix boating season provided

for a better opportunity to consider the needs of the public.

Regulatory Evaluation

This regulation is not a significant regulatory action under

section 3(f) of Executive Order 12866 and does not require an

assessment of potential costs 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 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 proposal to be so minimal that a full Regulatory

Evaluation under paragraph 10e of the regulatory policies and

procedures of DOT is unnecessary because operators of commercial

vessels have indicated that they can adjust to the changes without

impact on their businesses.

Small Entities

After considering the submitted comments, the Coast Guard finds

that any impact on small entities, if any, is not substantial.

Therefore, the Coast Guard certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary

rule will not have a significant economic impact on a substantial

number of small entities.

Collection of Information

This rule contains no collection of information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

The Coast Guard has analyzed this temporary rule under the

principles and criteria contained in Executive Order 12612 and has

determined that it does not raise sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has reviewed the environmental impact of this

temporary rule and concluded that under section 2.B.2 of the NEPA

Implementing Procedures, COMDTINST M16475.1B, this temporary rule is

categorically excluded from further environmental documentation because

promulgation of changes to drawbridge regulations have been found to

not have a significant effect on the human environment. A categorical

Exclusion Determination is available in the docket.

List of Subjects in 33 CFR Part 117

Bridges.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

For the reasons set out in the preamble, the Coast Guard is

amending part 117 of title 33, Code of Federal Regulations, as follows.

This is a temporary amendment and will not appear in the Code of

Federal Regulations.

1. The authority citation for part 117 continues to read as

follows:

Authority: 33 U.S.C. 449; 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. In Sec. 117.667 paragraph (b) is temporarily revised to read as

follows:

Sec. 117.667 St. Croix River.

* * * * *

(b) The draw of the S36 Bridge, Mile 23.4, at Stillwater, shall

open on signal as follows:

(1) From May 15 through October 15, Monday through Friday, except

Federal holidays, from:

(i) 8 a.m. to 11 a.m., every hour on the hour;

(ii) 11 a.m. to 2:30 p.m., every half hour;

(iii) 2:30 p.m. to 5:30 p.m., at 2:30 p.m., 4 p.m. and 5:30 p.m.;

(iv) 6:30 p.m. to 10 p.m., every half hour; and

(v) 10 p.m. to 8 a.m., upon at least two hours notice.

(2) from May 15 through October 15, Saturdays, Sundays, and federal

holidays from:

(i) From 8 a.m. to 9 a.m., every half hour;

(ii) From 9 a.m. to 8 p.m., every hour on the hour;

(iii) From 8 p.m. to midnight, every half hour; and

(iv) Midnight to 8 a.m., upon at least two hours notice.

* * * * *

Dated: May 20, 1994.

Paul M. Blayney,

Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District.

[FR Doc. 94-13541 Filed 6-2-94; 8:45 am]

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