Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules 38099 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (Docket No. FAA– 

2018–0468 and Airspace Docket No. 18– 

AEA–13) and be submitted in triplicate 

to DOT Docket Operations (see 

ADDRESSES section for the address and 

phone number.) You may also submit 

comments through the internet at http:// 

www.regulations.gov. 

Persons wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2018–0468; Airspace 

Docket No. 18–AEA–13.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this document may be 

changed in light of the comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

comment closing date. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at http://

www.faa.gov/air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined between 

8:00 a.m. and 4:30 p.m., Monday 

through Friday, except federal holidays 

at the office of the Eastern Service 

Center, Federal Aviation 

Administration, Room 350, 1701 

Columbia Avenue, College Park, GA 

30337. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document proposes to amend 

FAA Order 7400.11B, Airspace 

Designations and Reporting Points, 

dated August 3, 2017, and effective 

September 15, 2017. FAA Order 

7400.11B is publicly available as listed 

in the ADDRESSES section of this 

document. FAA Order 7400.11B lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA proposes an amendment to 

Title 14, Code of Federal Regulations 

(14 CFR) part 71 to modify Class E 

airspace extending upward from 700 

feet or more above the surface within a 

6.6-mile radius (increased from a 6.4- 

mile radius) of Cambridge-Dorchester 

Regional Airport, Cambridge, MD, due 

to the decommissioning of the 

Cambridge NDB, and cancellation of the 

NDB approach. The airspace redesign 

would enhance the safety and 

management of IFR operations at the 

airport. The geographic coordinates of 

the airport also would be adjusted to 

coincide with the FAA’s aeronautical 

database, and the airport name would be 

updated to Cambridge-Dorchester 

Regional Airport, (formerly CambridgeDorchester Airport). 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

Order 7400.11B, dated August 3, 2017, 

and effective September 15, 2017, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Regulatory Notices and Analyses 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore: (1) Is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, will 

not have a significant economic impact 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.11B, 

Airspace Designations and Reporting 

Points, dated August 3, 2017, and 

effective September 15, 2017, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANE ME E5 Cambridge, MD [Amended] 

Cambridge-Dorchester Regional Airport, MD 

(Lat. 38°32′22′′ N, long. 76°01′49′′ W) 

That airspace extending upward from 700 

feet above the surface within a 6.6- mile 

radius of Cambridge-Dorchester Regional 

Airport. 

Issued in College Park, Georgia, on July 26, 

2018. 

Shawn Reddinger, 

Acting Manager, Operations Support Group, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2018–16606 Filed 8–2–18; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

SUMMARY: The Coast Guard proposes to 

modify the operating schedule that 


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38100 Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules 

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 Lee.D.Soule@uscg.mil. 

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) 

§ 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 


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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules 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 

■ 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 follows: 

§ 117.661 Duluth Ship Canal (DuluthSuperior 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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