76324 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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. In § 117.1087 add paragraph (e) to 

read as follows: 

§ 117.1087 Fox River. 

* * * * * 

(e) The draw of the Canadian National 

Bridge, mile 55.72, at Oshkosh, shall 

operate as follows: 

(1) From April 15 to October 15 the 

draw will be remotely operated and 

shall remain in the open position for 

vessel traffic unless the following train 

sequence occurs; when a train is 

scheduled to cross the bridge, a flashing 

red light will be displayed when the 

bridge will close in 10 minutes, then a 

fixed red light when the bridge will 

close in 5 minutes, then a flashing red 

light and continuous ringing bell when 

the bridge will close in 1 minute, and 

during the closing sequence. After train 

traffic has crossed, and when the bridge 

again opens for vessel traffic, a flashing 

red light and continuous ringing bell 

will be displayed when the bridge will 

open in 1 minute, and during the 

opening sequence. 

(2) From October 16 to April 14 the 

draw shall open on signal if at least a 

12 hour advance notice is provided. 

(3) Before the bridge opens or closes, 

and while the draw is in motion, the 

remote operator shall monitor waterway 

traffic by remote visual inspection to 

show the waterway is clear and it is safe 

to operate the draw. The remote 

operator shall also announce that the 

bridge is opening or closing on VHF–FM 

Marine Radiotelephone. The owners of 

the bridge shall maintain 2 board gauges 

in accordance with 33 CFR 118.160 of 

this chapter. The remote drawtender 

may be contacted by mariners at 

anytime by radiotelephone or 

commercial phone number; this 

information shall be so posted on the 

bridge so that they are plainly visible to 

vessel operators approaching the up or 

downstream side of the bridge. 

Dated: November 23, 2010. 

M.N. Parks, 

Rear Admiral, U.S. Coast Guard Commander, 

Ninth Coast Guard District. 

[FR Doc. 2010–30740 Filed 12–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1030] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Duluth Ship Canal, Duluth-Superior 

Harbor, MN 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a drawbridge opening 

schedule for the Duluth Aerial Lift 

Bridge for vessels under 300 gross tons. 

Scheduled drawbridge openings were 

requested by various local entities to 

help reduce traffic congestion near the 

drawbridge during the peak navigation 

and tourist season. The scheduled 

drawbridge openings are expected to 

improve traffic congestion in the area 

and enhance safety for all modes of 

transportation. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 7, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–1030 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76325 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

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 or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–1030), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2010–1030’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

1030’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why one would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Basis and Purpose 

The Duluth Aerial Bridge is located 

0.25 miles from Duluth Harbor North 

Pier Light at the lakeward end of the 

Duluth Ship Canal. It is a vertical lift 

type bridge that provides 15 feet of 

vertical clearance in the down position 

and up to 141 feet in the open position. 

The bridge currently opens on signal for 

all vessel traffic that requires a bridge 

opening. Marine traffic on the waterway 

consists of large commercial vessels, 

smaller commercial vessels, and both 

power and sail recreational vessels. 

Various entities in Duluth that 

requested the scheduled openings 

included: City of Duluth, Duluth Fire 

Department-Emergency Management, 

Duluth Police Department, Park Point 

Community Association, and Canal Park 

Business Association. The scheduled 

drawbridge openings were requested 

during the peak navigation and tourist 

season to improve the flow of vehicular 

traffic over the bridge, relieve vehicular 

traffic congestion near the bridge and on 

city streets on both sides of the bridge 

(Park Point and Canal Park), improve 

access and response times for 

emergency response entities, and 

enhance pedestrian safety in the vicinity 

of the bridge. 

Commander, Ninth Coast Guard 

District, approved a temporary deviation 

from regulations, with request for 

comments, that was published in the 

April 22, 2010, issue of the Federal 

Register (75 FR 20918). The temporary 

deviation was constructed to be used as 

a test bridge schedule during the 2010 

navigation and tourist season. The test 

schedule allowed for scheduled bridge 

openings on the hour and half-hour for 

all vessels under 300 gross tons between 

the hours of 6 a.m. and 9 p.m., seven 

days per week, and on signal between 

9 p.m. and 6 a.m., from May 3 to 

October 29, 2010. The bridge continued 

to open at all times for all vessels over 

300 gross tons and Federal, State, and 

local government vessels, vessels in 

distress, commercial vessels engaged in 

rescue or emergency salvage operations, 

vessels engaged in pilot duties, and 

vessels seeking shelter from severe 

weather. Written comments regarding 

the test schedule were solicited 

throughout the period. 

The Coast Guard received four (4) 

comments regarding the test schedule 

that were successfully received by the 

Docket Management Facility. Three of 

the comments were from charter 

fishermen operating out of Duluth 

Harbor. The fourth comment was from 

a representative of Duluth Seaway Port 

Authority. The comments from charter 

fishermen generally cited objections to 

the scheduled bridge openings for their 

type of vessels. Among the comments 

were statements regarding 

inconsistencies by bridge operators for 

openings, concerns for vessel safety due 

to smaller power vessels operating in 

the canal at high speeds among vessels 

waiting for bridge openings, and dates 

and times of the day that the scheduled 

openings should apply; specifically, that 

the scheduled openings should not be in 

place before 7:30 a.m. each day. The 

Port Authority commenter stated that 

the scheduled openings should not 

apply to commercial vessels of any size 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76326 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

that support the commercial cargo 

business in the port, as well as research 

and survey vessels. The Port Authority 

comment also included a 

recommendation to adjust the dates and 

times that scheduled drawbridge 

openings would apply. 

In addition to the written comments, 

a stakeholders meeting was held in 

Duluth on October 20, 2010, to review 

and evaluate the test drawbridge 

schedule and receive comments. The 

stakeholders meeting included 

representatives from Coast Guard, City 

of Duluth, Duluth Seaway Port 

Authority, Park Point Community 

Association, Canal Park Business 

Association, Great Lakes Towing 

Company, Vista Cruise Lines, Duluth 

Yacht Club, and Charter Fishermen. 

Discussion of Proposed Rule 

The City of Duluth collected data 

throughout the test period related to 

vehicular and vessel traffic counts, and 

the number of bridge openings. In 

addition to the data collected, each 

stakeholder had the opportunity to 

amplify their written comments and 

provide additional direct input to the 

Coast Guard during the October 20, 

2010, meeting. During the stakeholder 

meeting it was generally agreed by all 

parties that the scheduled bridge 

openings appeared to improve the 

general flow of vehicular traffic on both 

sides of the bridge and reduced 

vehicular traffic congestion. The claim 

of inconsistencies by the bridge 

operators was discussed, and appeared 

to be isolated to only a few incidents. 

They also occurred near the beginning 

of the test period and can reasonably be 

attributed to all parties adjusting to the 

scheduled bridge openings. The Port 

Authority and Great Lakes Towing 

Company representatives stated their 

positions that towing vessels engaged in 

port operations should be specifically 

included with vessels that continue to 

have bridge openings at any time (on 

signal). The proposed rule has been 

adjusted to include these types of 

vessels for openings on signal. Research 

and survey vessels operating from 

Duluth Harbor were also requested to be 

specifically included in this group. This 

class of vessels is considered public or 

government vessels and may request 

bridge openings on signal. Only a minor 

adjustment to the proposed language is 

needed to address this statement. The 

comment regarding vessels operating at 

unsafe speeds in the canal is considered 

a law enforcement issue and not related 

to the scheduled drawbridge openings. 

The Coast Guard will take these reports 

into consideration. Regarding the time 

of year and hours each day that the 

scheduled openings would apply, it was 

generally agreed during the stakeholders 

meeting that the scheduled openings 

would be beneficial and effective 

between Memorial Day and Labor Day 

each year, instead of the beginning of 

May to the end of October, as it was 

implemented for the test schedule. The 

scheduled opening hours during the test 

schedule were from 6 a.m. to 9 p.m. 

each day. It was requested that the 

scheduled openings start at 7:30 a.m. 

instead of 6 a.m. The later start time was 

requested to allow for the charter 

fishermen to obtain bridge openings for 

their first trip of the day during a time 

when vehicular traffic is still relatively 

light. The data collected by the City of 

Duluth supports the agreed change to 

the dates that the scheduled openings 

would apply. The data also identifies 

that the requested time each day to start 

scheduled openings should be 7 a.m. 

instead of 6 a.m. or 7:30 a.m. In addition 

to the vehicular traffic data below that 

indicates a clear increase in rush hour 

traffic between 7 and 8 a.m., bridge 

opening logs showed that the first trip 

each day for most charter fishermen 

occurred before 7 a.m. In order to 

maintain an effective bridge schedule 

that accomplishes the purpose of 

managing traffic congestion while still 

providing for the reasonable needs of 

navigation, the proposed rule adjusts 

the times for scheduled openings from 

7 a.m. to 9 p.m. The later time was also 

discussed and determined to remain at 

9 p.m. since there is still considerable 

vehicular traffic departing the public 

park area on Minnesota Point around 

this hour between Memorial Day and 

Labor Day. Additionally, the 9 p.m. time 

does not adversely affect any vessel 

traffic. The data below collected by City 

of Duluth illustrates support for the 

agreed adjustments during the 

stakeholders meeting: 

TOTAL VESSELS UNDER 300 GROSS TONS

May June July Aug Sep Oct 

2009 ................................................................................. 383 1287 2015 1974 1331 212 

2010 ................................................................................. 528 1066 2088 1430 1016 380 

Total Bridge Openings 

2009 ................................................................................. 320 841 1097 1184 800 350 

2010 ................................................................................. 300 576 860 630 752 429 

TOTAL VEHICLES (BOTH DIRECTIONS) 

[Vehicular counts were not collected in 2009] 

May June July Aug Sep Oct 

2010 ................................................................................. 102,564 210,539 266,000 230,668 160,591 163,110 

TOTAL AVERAGE VEHICLES FOR EACH

HOUR

6 a.m.–7 a.m. 7 a.m.–8 a.m. 

June .......... 68.20 97.53 

July ........... 58.77 87.80 

August ....... 50.04 84.09 

In addition to the two scheduled 

openings per hour, vessels will continue 

to have access to the harbor through the 

alternate Superior, Wisconsin, Entry 

Channel, and passage of the Aerial 

Bridge during unscheduled openings for 

commercial vessels. The proposed 

schedule is expected to provide for the 

reasonable balance of all modes of 

transportation and effectively 

accomplish the requested goal of 

improving traffic congestion and safety 

in the area of the Duluth Aerial Bridge. 

This proposed regulation also adjusts 

the current required advance notice 

requirement for vessels from 24-hours to 

12-hours vessels between January 1 and 

March 15. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76327 

Regulatory Analyses 

We developed this proposed 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. 

Regulatory Planning and Review 

This proposed 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. This 

determination is expected to improve 

traffic congestion and safety in the 

vicinity of the drawbridge and does not 

exclude bridge openings for vessel 

traffic. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed 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 proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. The proposed rule continues to 

provide at least two drawbridge 

openings per hour between 7 a.m. and 

9 p.m. each day, and openings at any 

time during all other hours, as well as 

during unscheduled transits of 

commercial vessels. The test schedule 

implemented this year resulted in only 

minor adjustments in schedules or 

operations for all entities. Additionally, 

all vessels that do not require bridge 

openings may transit the drawbridge at 

any time, and the alternate Superior, 

Wisconsin, Entry Channel may be used 

by all vessels at any time. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Mr. Lee D. 

Soule, Bridge Management Specialist, 

U.S. Coast Guard, telephone 216–902– 

6085, e-mail lee.d.soule@uscg.mil, or fax 

216–902–6088. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

Collection of Information 

This proposed 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 proposed 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 

proposed 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 proposed 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. 

Civil Justice Reform 

This proposed 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 proposed 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 proposed 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 proposed 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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76328 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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. Revise § 117.661 to read as follow: 

§ 117.661 Duluth Ship Canal (DuluthSuperior Harbor). 

The draw of the Duluth Ship Canal 

Aerial bridge, mile 0.25 at Duluth, shall 

open on signal; except that, from the 

Friday before Memorial Day through the 

Tuesday after Labor Day each year, 

between the hours of 7 a.m. and 9 p.m., 

seven days a week, the drawbridge shall 

open on the hour and half-hour for 

vessels under 300 gross tons, if needed; 

and the bridge will open on signal for 

all vessels from 9 p.m. to 7 a.m., seven 

days a week, and at all times for 

Federal, State, and local government 

vessels, vessels in distress, commercial 

vessels engaged in rescue or emergency 

salvage operations, commercial-assist 

towing vessels engaged in towing or 

port operations, vessels engaged in pilot 

duties, vessels seeking shelter from 

severe weather, and all vessels 300 gross 

tons or greater. From January 1 through 

March 15, the draw shall open on signal 

if at least 12 hours notice is given. The 

opening signal is one prolonged blast, 

one short blast, one prolonged blast, one 

short blast. If the drawbridge is 

disabled, the bridge authorities shall 

give incoming and outgoing vessels 

timely and dependable notice, by tug 

service if necessary, so that the vessels 

do not attempt to enter the canal. 

Dated: November 23, 2010. 

M.N. Parks, 

Rear Admiral, U.S. Coast Guard Commander, 

Ninth Coast Guard District. 

[FR Doc. 2010–30739 Filed 12–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–1134] 

RIN 1625–AA87 

Security Zone; Vessels Carrying 

Hazardous Cargo, Sector Columbia 

River Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes the 

establishment of a 500 yard security 

zone around vessels carrying hazardous 

cargo, as determined by the Captain of 

the Port (COTP) Columbia River, when 

such vessels are located in the Sector 

Columbia River COTP Zone as defined 

in 33 CFR 3.65–15 and the COTP 

Columbia River determines that a 

security zone is necessary and 

enforcement of that security zone is 

practicable. The security zones will help 

ensure the security of the vessels 

themselves as well as the maritime 

public due to the hazardous nature of 

the cargo on board. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before March 8, 2011. Requests for 

public meetings must be received by the 

Coast Guard on or before January 24, 

2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2009–1134 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail MST1 Jaime Sayers, 

Waterways Management Division, Coast 

Guard Sector Columbia River; telephone 

503–240–9319, e-mail 

Jaime.A.Sayers@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2009–1134), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online(via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2009–1134’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 


jlentini on DSKJ8SOYB1PROD with PROPOSALS