82 FR 33802 - Drawbridge Operation Regulation; St. Louis River (Duluth-Superior Harbor), Between the Towns of Duluth, MN and Superior, WI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 139 (July 21, 2017)

Page Range		33802-33803
FR Document		2017-15371

The Coast Guard is modifying the regulations that govern the drawbridges over the St. Louis River at Duluth-Superior Harbor. This waterway borders Minnesota and Wisconsin and is listed under Minnesota as St. Louis River (Duluth-Superior Harbor) and under Wisconsin as Duluth-Superior Harbor (St. Louis River) in the CFR. This rule affects both regulations. The owner of the Burlington Northern Grassy Point Railroad Bridge at mile 5.44 requested the regulation be updated to include permanent winter operating schedule. This rule also aligns river mile numbers with the United States Coast Pilot and deletes bridges from the regulations that were removed from the waterway and makes the regulation easier to read and less confusing to the mariner.

Federal Register, Volume 82 Issue 139 (Friday, July 21, 2017)

[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33802-33803]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15371]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0212]
RIN 1625-AA09


Drawbridge Operation Regulation; St. Louis River (Duluth-Superior 
Harbor), Between the Towns of Duluth, MN and Superior, WI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the regulations that govern the 
drawbridges over the St. Louis River at Duluth-Superior Harbor. This 
waterway borders Minnesota and Wisconsin and is listed under Minnesota 
as St. Louis River (Duluth-Superior Harbor) and under Wisconsin as 
Duluth-Superior Harbor (St. Louis River) in the CFR. This rule affects 
both regulations. The owner of the Burlington Northern Grassy Point 
Railroad Bridge at mile 5.44 requested the regulation be updated to 
include permanent winter operating schedule. This rule also aligns 
river mile numbers with the United States Coast Pilot and deletes 
bridges from the regulations that were removed from the waterway and 
makes the regulation easier to read and less confusing to the mariner.

DATES: This rule is effective August 21, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type [USCG-
2017-0212]. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth 
Coast Guard District; telephone 216-902-6085, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LWD Low Water Datum
NEPA National Environmental Policy Act of 1969
NPRM Notice of proposed rulemaking
RFA Regulatory Flexibility Act of 1980
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 19, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled, Drawbridge Operation Regulation; St. Louis River 
(Duluth-Superior Harbor), between the towns of Duluth, MN and Superior, 
WI, in the Federal Register (82 FR 18407). We did not receive any 
comments on this proposed rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 499. The current regulations for St. Louis River drawbridges (33 
CFR 117.669 and 33 CFR 117.1083) includes the operating schedules for 
the Burlington Northern Grassy Point Railroad Bridge at mile 5.44, the 
Grassy Point Bridge at mile 8.0, the Arrow Head Bridge at mile 8.7, and 
the Duluth, Missabe & Iron Range combined Railroad and Highway Bridge, 
also known as the Oliver Bridge, at mile 13.91.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a 30 day comment period in the Federal 
Register and solicited comments through the Ninth Coast Guard Local 
Notice to Mariners for the same 30 days and we did not receive any 
comments.
    Title 33 of the Code of Regulations part 117 lists drawbridge 
regulations by state. The St. Louis River is the border between 
Minnesota (listed under 33 CFR 117.669) and Wisconsin (listed under 33 
CFR 117.1083). The St. Louis River is listed by state separately under 
both sections of the CFR. This rule will revise 33 CFR 117.1083 (under 
Wisconsin) to direct readers to 33 CFR 117.669 (under Minnesota) to 
simplify the rule and make it easier to reference by mariners.
    The Coast Guard is modifying the operating schedule of the The 
Burlington Northern Grassy Point Railroad Bridge at mile 5.44 to 
include authorized permanent winter hours. Mariners will still be able 
to request bridge openings with 12-hours advance notice during times of 
light traffic volume on the river due to ice formation that typically 
prevents most vessel navigation in the channel from December 15 through 
March 15 each year.
    The bridges listed in the regulations as the Grassy Point Bridge at 
mile 8.0 and the Arrow Head Bridge at mile 8.7, respectively, have been 
removed from the waterway and will be removed from the regulations.
    The Duluth, Missabe & Iron Range combined Railroad and Highway 
Bridge, also known as the Oliver Bridge, at mile 13.91, will be renamed 
the Canadian National Combined Railroad and Highway Bridge to reflect 
the current owner and use. The authorization to remain in the closed 
position will continue as before, but the drawbridge must return to 
operable condition when notified by the District Commander to do so.

V. Regulatory Analyses

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

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it 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 ability that 
vessels can still transit the bridge given advanced notice during the 
winter when ice typically prevents vessels from transiting the waterway 
and vessel traffic is at its lowest. This rule will also align river 
mile numbers with the United States Coast Pilot and delete bridges from 
the regulations that have been removed from the waterway and make the 
regulation easier to read and less confusing to the mariner.

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

[[Page 33803]]

operated and are not dominant in their fields, and governmental 
jurisdictions with populations of less than 50,000. The Coast Guard did 
not receive any comments from the Small Business Administration on this 
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities. While some owners or operators of vessels intending to 
transit the bridge may be small entities, for the reasons stated in 
section IV.A above this final rule would not have a significant 
economic impact on any vessel owner or operator because the bridge will 
open with advance notice.
    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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule calls 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 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 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.

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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. 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 made a 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is 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 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.

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

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.  117.669 to read as follows:


Sec.  117.669  St. Louis River (Duluth-Superior Harbor).

    (a) The draw of the Burlington Northern Grassy Point railroad 
Bridge, mile 5.44, shall open on signal except that, from December 15 
through March 15 the draw shall open if at least 12-hour notice is 
given.
    (b) The draw of the Canadian National Combined Railroad and Highway 
Bridge, mile 13.91, need not be opened for the passage of vessels. The 
owner shall return the draw to operable condition within a reasonable 
time when notified by the District Commander to do so.


0
 3. Revise Sec.  117.1083 to read as follows:


Sec.  117.1083  Duluth-Superior Harbor (St. Louis River).

    See Sec.  117.669 St. Louis River (Duluth-Superior Harbor), listed 
under Minnesota.

    Dated: June 15, 2017.
N.A. Bartolotta,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District, 
Acting.
[FR Doc. 2017-15371 Filed 7-20-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 139 / Friday, July 21, 2017 / Rules and Regulations 33803

operated and are not dominant in their principles and preemption requirements PART 117—DRAWBRIDGE
fields, and governmental jurisdictions described in Executive Order 13132. OPERATION REGULATIONS
with populations of less than 50,000. Also, this rule does not have tribal
The Coast Guard did not receive any implications under Executive Order ■ 1. The authority citation for part 117
comments from the Small Business 13175, Consultation and Coordination continues to read as follows:
Administration on this rule. The Coast with Indian Tribal Governments, Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Guard certifies under 5 U.S.C. 605(b) because it does not have a substantial Department of Homeland Security Delegation
that this rule will not have a significant direct effect on one or more Indian No. 0170.1.
economic impact on a substantial tribes, on the relationship between the
■ 2. Revise § 117.669 to read as follows:
number of small entities. While some Federal Government and Indian tribes,
owners or operators of vessels intending or on the distribution of power and § 117.669 St. Louis River (Duluth-Superior
to transit the bridge may be small responsibilities between the Federal Harbor).
entities, for the reasons stated in section Government and Indian tribes. (a) The draw of the Burlington
IV.A above this final rule would not E. Unfunded Mandates Reform Act Northern Grassy Point railroad Bridge,
have a significant economic impact on mile 5.44, shall open on signal except
any vessel owner or operator because The Unfunded Mandates Reform Act that, from December 15 through March
the bridge will open with advance of 1995 (2 U.S.C. 1531–1538) requires 15 the draw shall open if at least 12-
notice. Federal agencies to assess the effects of hour notice is given.
Under section 213(a) of the Small their discretionary regulatory actions. In (b) The draw of the Canadian National
Business Regulatory Enforcement particular, the Act addresses actions Combined Railroad and Highway
Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a Bridge, mile 13.91, need not be opened
we want to assist small entities in State, local, or tribal government, in the for the passage of vessels. The owner
understanding this rule. If the rule aggregate, or by the private sector of shall return the draw to operable
would affect your small business, $100,000,000 (adjusted for inflation) or condition within a reasonable time
organization, or governmental more in any one year. Though this rule when notified by the District
jurisdiction and you have questions will not result in such an expenditure, Commander to do so.
concerning its provisions or options for we do discuss the effects of this rule
elsewhere in this preamble. ■ 3. Revise § 117.1083 to read as
compliance, please contact the person follows:
listed in the FOR FURTHER INFORMATION F. Environment
CONTACT, above. § 117.1083 Duluth-Superior Harbor (St.
We have analyzed this rule under
Small businesses may send comments Louis River).
Department of Homeland Security
on the actions of Federal employees Management Directive 023–01 and See § 117.669 St. Louis River (Duluth-
who enforce, or otherwise determine Commandant Instruction M16475.lD, Superior Harbor), listed under
compliance with, Federal regulations to which guides the Coast Guard in Minnesota.
the Small Business and Agriculture complying with the National Dated: June 15, 2017.
Regulatory Enforcement Ombudsman Environmental Policy Act of 1969 N.A. Bartolotta,
and the Regional Small Business (NEPA)(42 U.S.C. 4321–4370f), and Captain, U.S. Coast Guard, Commander,
Regulatory Fairness Boards. The have made a determination that this Ninth Coast Guard District, Acting.
Ombudsman evaluates these actions action is one of a category of actions [FR Doc. 2017–15371 Filed 7–20–17; 8:45 am]
annually and rates each agency’s which do not individually or BILLING CODE 9110–04–P
responsiveness to small business. If you cumulatively have a significant effect on
wish to comment on actions by the human environment. This rule
employees of the Coast Guard, call 1– simply promulgates the operating DEPARTMENT OF HOMELAND
888–REG–FAIR (1–888–734–3247). The regulations or procedures for SECURITY
Coast Guard will not retaliate against drawbridges. This action is categorically
small entities that question or complain excluded from further review, under Coast Guard
about this rule or any policy or action figure 2–1, paragraph (32)(e), of the
of the Coast Guard. Instruction. A preliminary Record of 33 CFR Part 165
C. Collection of Information Environmental Consideration and a [Docket No. USCG–2017–0594]
Memorandum for the Record are not
This rule calls for no new collection required for this rule. Safety Zone; Upper Ohio Valley Italian
of information under the Paperwork
G. Protest Activities Heritage Festival/Upper Ohio Valley
Reduction Act of 1995 (44 U.S.C. 3501–
Italian Heritage Festival Fireworks,
3520). The Coast Guard respects the First Wheeling, WV
D. Federalism and Indian Tribal Amendment rights of protesters.
Government Protesters are asked to contact the AGENCY: Coast Guard, DHS.
person listed in the FOR FURTHER ACTION: Notice of enforcement of
A rule has implications for federalism INFORMATION CONTACT section to regulation.
under Executive Order 13132, coordinate protest activities so that your
Federalism, if it has a substantial direct message can be received without SUMMARY: The Coast Guard will enforce
effect on the States, on the relationship jeopardizing the safety or security of a safety zone for the Upper Ohio Valley
sradovich on DSK3GMQ082PROD with RULES

between the national government and people, places or vessels. Italian Heritage Festival/Upper Ohio
the States, or on the distribution of Valley Italian Heritage Festival
power and responsibilities among the List of Subjects in 33 CFR Part 117 Fireworks on the Ohio River mile 90.0
various levels of government. We have Bridges. to 90.5. The safety zone is necessary to
analyzed this rule under that Order and For the reasons discussed in the provide for the safety of life and to
have determined that it is consistent preamble, the Coast Guard amends 33 protect vessels from the hazards
with the fundamental federalism CFR part 117 as follows: associated with the ‘‘Upper Ohio Valley

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Document Created: 2017-07-21 06:00:03
Document Modified: 2017-07-21 06:00:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective August 21, 2017.
Contact		If you have questions on this rule, call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone 216-902-6085, email [email protected]
FR Citation		82 FR 33802
RIN Number		1625-AA09

82 FR 33802 - Drawbridge Operation Regulation; St. Louis River (Duluth-Superior Harbor), Between the Towns of Duluth, MN and Superior, WI

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 139 (July 21, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard