[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38099-38101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16669]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0181]
RIN 1625-AA09


Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-
Superior Harbor, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that

[[Page 38100]]

governs the Duluth Aerial Lift Bridge for vessels under 300 gross tons. 
The City of Duluth has requested that the current summer bridge 
schedule (Memorial Day to Labor Day) be extended to include the spring 
and fall.

DATES: Comments and related material must reach the Coast Guard on or 
before September 4, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0181 using Federal eRulemaking Portal at http://www.regulations.gov.
    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 email Mr. Lee D. Soule, Bridge Management Specialist, 
Ninth Coast Guard District; telephone 216-902-6085, email 
<a href="/cdn-cgi/l/email-protection#1f537a7a315b314c706a737a5f6a6c7c7831727673"><span class="__cf_email__" data-cfemail="38745d5d167c166b574d545d784d4b5b5f16555154">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    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. Currently 
the bridge opens 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 opens 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 commercial vessels 300 
gross tons or greater. From January 1 through March 15, the draw opens 
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.
    Marine traffic on the waterway consists of large commercial 
vessels, smaller commercial vessels, and both power and sail 
recreational vessels. Duluth-Superior Harbor has two federal project 
channels available for mariners to enter the harbor: The Duluth Ship 
Canal and the Superior Channel. The Superior Channel is not crossed by 
any bridges.

III. Discussion of Proposed Rule

    The City of Duluth operates the Duluth Aerial Lift Bridge across 
the Duluth Ship Canal and has reported increased traffic and community 
growth on Minnesota Point, which is only accessible by the Aerial 
Bridge, and has requested that the current scheduled summer openings be 
extended to include the spring and fall. The City of Duluth believes 
this will improve the flow of vehicular traffic over the bridge, 
relieve vehicular 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. The City of Duluth has 
informally queried local stake holders and has received several 
comments in favor of extending the summer bridge operating schedule to 
cover the spring and fall dates (March 16 to December 31).
    The regulation only affects recreational vessels and commercial 
vessels under 300 gross tons. The drawbridge will continue to open at 
all times for commercial vessels over 300 gross tons. The only change 
to the regulation will be to extend the dates of the scheduled bridge 
openings from the Friday before Memorial Day through the Tuesday after 
Labor Day to March 16 through December 31 each year.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771. This regulatory action 
determination is based on the expected improvement to traffic and all 
modes of traffic using the drawbridge, and the proven improvement 
realized by the previous change to the bridge schedule implemented in 
the last rulemaking.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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. While some owners or operators of 
vessels intending to transit the bridges may be small entities, for the 
reasons stated in section IV.A above this proposed rule would not have 
a significant economic impact on any vessel owner or operator because 
we coordinated with the marina operators and the local stakeholders and 
incorporated their concerns into the proposed regulation.
    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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental

[[Page 38101]]

jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT, above. 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.

C. 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.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. 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 
proposed rule elsewhere in this preamble.

F. 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. This proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed rule. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to revise 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. Revise Sec.  117.661 to read as follows:


Sec.  117.661  Duluth Ship Canal (Duluth-Superior Harbor).

    The draw of the Duluth Ship Canal Aerial bridge, mile 0.25 at 
Duluth, shall operate as follows:
    (a) From 16 March through 31 December, 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 commercial vessels 300 
gross tons or greater.
    (b) 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: July 27, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-16669 Filed 8-2-18; 8:45 am]
 BILLING CODE 9110-04-P


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