17542 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 

This deviation allows the bridge to 

remain closed to navigation for 

approximately 5 consecutive days, 

sometime within a nineteen day period. 

DATES: This deviation is effective from 

6 a.m. on April 25, 2011 through 5 p.m. 

on May 13, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2010– 

0203 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0203 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

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 Jim Wetherington, Bridge 

Administration Branch, Coast Guard; 

telephone 504–671–2128, e-mail 

james.r.wetherington@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Louisiana Department of Transportation 

and Development has requested a 

temporary deviation from the operating 

schedule of the swing span bridge 

across the Mermentau River at mile 7.1 

in Grand Chenier, Cameron Parish, 

Louisiana. The closure is necessary in 

order to perform physical and 

mechanical repairs pertaining to the 

bridge’s main span and components. 

This maintenance is essential for the 

continued operation of the bridge. 

The operating schedule for the bridge 

is in 33 CFR 117.480 and states the 

bridge opens on signal; except that, from 

6 p.m. to 6 a.m. the draw shall open on 

signal if at least 4 hours notice is given, 

for the passage of vessels. This deviation 

allows the bridge to remain closed to 

navigation for approximately 5 

consecutive days, occurring sometime 

between April 25, 2011 and May 13, 

2011. Exact times and dates for the 

closures will be published in the Local 

Notice to Mariners and broadcast via the 

Coast Guard Broad Notice to Mariners 

system. 

The vertical clearance of the swing 

span bridge in the closed-to-navigation 

position is 13.15 feet above Mean High 

Water, elevation 3.1 feet Mean Sea 

Level. Vessels are able to transit under 

the bridge during operations. There is 

an alternate navigation route via Grand 

Lake for vessels unable to pass under 

the bridge. Navigation on the waterway 

consists of tugs with tows, fishing 

vessels and recreational craft. Due to 

prior experience and coordination with 

waterway users, it has been determined 

that the closure will not have a 

significant effect on navigation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: March 15, 2011. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2011–7416 Filed 3–29–11; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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 lee.d.soule@uscg.mil. 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 

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Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 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-tonavigation 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-tonavigation 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 opento-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. 

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17544 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Rules and Regulations 

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 

■ 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. 

■ 2. Add § 117.664 to read as follows: 

§ 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] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 19 and 20 

RIN 2900–AN34 

Board of Veterans’ Appeals: Remand 

or Referral for Further Action; 

Notification of Evidence Secured by 

the Board and Opportunity for 

Response 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending the Appeals 

Regulations of the Board of Veterans’ 

Appeals (Board) to articulate the Board’s 

practice of referring unadjudicated 

claims to the Agency of Original 

Jurisdiction (AOJ) for appropriate 

action, and to describe when it is 

appropriate for the Board to remand a 

claim to the AOJ for the limited purpose 

of issuing a Statement of the Case (SOC). 

We are also amending the Board’s Rules 

of Practice to outline the procedures the 

Board must follow when supplementing 

the record with a recognized medical 

treatise, and to remove the notice 

procedures the Board must currently 

follow when considering law not 

considered by the AOJ. The purpose of 

these amendments is to codify existing 

practices derived from caselaw, enhance 

efficiency, and provide guidance and 

clarification. 

DATES: Effective Date: The final rule is 

effective April 29, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Laura H. Eskenazi, Principal Deputy 

Vice Chairman, Board of Veterans’ 

Appeals (012), Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–8078. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On 

December 18, 2009, VA published in the 

Federal Register (74 FR 67149) a Notice 

of Proposed Rulemaking (NPRM) that 

proposed to amend 38 CFR 19.9 to 

articulate the Board’s practice of 

referring unadjudicated claims to the 

AOJ for appropriate action and to define 

when the Board can remand a claim to 

the AOJ for the limited purpose of 

issuing an SOC. The NPRM also 

proposed to amend 38 CFR 20.903 to 

codify the notice procedures the Board 

must follow when supplementing the 

record with a recognized medical 

treatise, and to eliminate the notice 

procedures the Board must currently 

follow when considering law not 

previously considered by the AOJ. 

Interested persons were invited to 

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