83 FR 54245 - Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-Superior Harbor, MN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 209 (October 29, 2018)

Page Range		54245-54247
FR Document		2018-23504

The Coast Guard is modifying the operating schedule that governs 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.

Federal Register, Volume 83 Issue 209 (Monday, October 29, 2018)

[Federal Register Volume 83, Number 209 (Monday, October 29, 2018)]
[Rules and Regulations]
[Pages 54245-54247]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23504]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs 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: This rule is effective November 28, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2018-0181 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 
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
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On August 3, 2018, we published a Notice of Proposed Rulemaking 
entitled Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-
Superior Harbor, MN in the Federal Register (83 FR 38099). We did not 
receive any comments on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
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 hour notice is given.
    The City of Duluth, operator of the Duluth Aerial Lift Bridge, has 
requested that the current schedule be extended to include the spring 
and fall. This is due to increased traffic and community growth in the 
region.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period of 30 days and no 
comments were received. 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.

[[Page 54246]]

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 expected 
improvement to 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 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.
    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 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.  117.661 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 open on signal; except that, from March 16 through 
December 31, 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

[[Page 54247]]

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 shall 
open on signal if at least 12 hour 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: October 22, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-23504 Filed 10-26-18; 8:45 am]
 BILLING CODE 9110-04-P

54246 Federal Register / Vol. 83, No. 209 / Monday, October 29, 2018 / Rules and Regulations

V. Regulatory Analyses concerning its provisions or options for we do discuss the effects of this rule
We developed this rule after compliance, please contact the person elsewhere in this preamble.
considering numerous statutes and listed in the FOR FURTHER INFORMATION
F. Environment
CONTACT, above.
Executive Orders related to rulemaking.
Small businesses may send comments We have analyzed this rule under
Below we summarize our analyses
on the actions of Federal employees Department of Homeland Security
based on a number of these statutes and
who enforce, or otherwise determine Management Directive 023–01 and
Executive Orders, and we discuss First
compliance with, Federal regulations to Commandant Instruction M16475.lD,
Amendment rights of protesters.
the Small Business and Agriculture which guides the Coast Guard in
A. Regulatory Planning and Review Regulatory Enforcement Ombudsman complying with the National
Executive Orders 12866 and 13563 and the Regional Small Business Environmental Policy Act of 1969
direct agencies to assess the costs and Regulatory Fairness Boards. The (NEPA) (42 U.S.C. 4321–4370f), and
benefits of available regulatory Ombudsman evaluates these actions have made a determination that this
alternatives and, if regulation is annually and rates each agency’s action is one of a category of actions
necessary, to select regulatory responsiveness to small business. If you which do not individually or
approaches that maximize net benefits. wish to comment on actions by cumulatively have a significant effect on
Executive Order 13771 directs agencies employees of the Coast Guard, call 1– the human environment. This rule
to control regulatory costs through a 888–REG–FAIR (1–888–734–3247). The simply promulgates the operating
budgeting process. This rule has not Coast Guard will not retaliate against regulations or procedures for
been designated a ‘‘significant small entities that question or complain drawbridges. This action is categorically
regulatory action,’’ under Executive about this rule or any policy or action excluded from further review, under
Order 12866. Accordingly, it has not of the Coast Guard. figure 2–1, paragraph (32)(e), of the
been reviewed by the Office of Instruction.
C. Collection of Information A Record of Environmental
Management and Budget (OMB) and
This rule calls for no new collection Consideration and a Memorandum for
pursuant to OMB guidance it is exempt
of information under the Paperwork the Record are not required for this rule.
from the requirements of Executive
Order 13771. Reduction Act of 1995 (44 U.S.C. 3501– G. Protest Activities
This regulatory action determination 3520).
The Coast Guard respects the First
is based on the expected improvement D. Federalism and Indian Tribal Amendment rights of protesters.
to all modes of traffic using the Government Protesters are asked to contact the
drawbridge, and the proven person listed in the FOR FURTHER
improvement realized by the previous A rule has implications for federalism
INFORMATION CONTACT section to
change to the bridge schedule under Executive Order 13132,
Federalism, if it has a substantial direct coordinate protest activities so that your
implemented in the last rulemaking. message can be received without
effect on the States, on the relationship
B. Impact on Small Entities between the national government and jeopardizing the safety or security of
the States, or on the distribution of people, places or vessels.
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended, power and responsibilities among the List of Subjects in 33 CFR Part 117
requires federal agencies to consider the various levels of government. We have Bridges.
potential impact of regulations on small analyzed this rule under that Order and
have determined that it is consistent For the reasons discussed in the
entities during rulemaking. The term
with the fundamental federalism preamble, the Coast Guard amends 33
‘‘small entities’’ comprises small
principles and preemption requirements CFR part 117 as follows:
businesses, not-for-profit organizations
that are independently owned and described in Executive Order 13132. PART 117—DRAWBRIDGE
operated and are not dominant in their Also, this rule does not have tribal OPERATION REGULATIONS
fields, and governmental jurisdictions implications under Executive Order
with populations of less than 50,000. 13175, Consultation and Coordination ■ 1. The authority citation for part 117
The Coast Guard did not receive any with Indian Tribal Governments, continues to read as follows:
comments from the Small Business because it does not have a substantial Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Administration on this rule. The Coast direct effect on one or more Indian Department of Homeland Security Delegation
Guard certifies under 5 U.S.C. 605(b) tribes, on the relationship between the No. 0170.1.
that this rule will not have a significant Federal Government and Indian tribes, ■ 2. Revise § 117.661 to read as follows:
economic impact on a substantial or on the distribution of power and
number of small entities. While some responsibilities between the Federal § 117.661 Duluth Ship Canal (Duluth-
owners or operators of vessels intending Government and Indian tribes. Superior Harbor).
to transit the bridge may be small The draw of the Duluth Ship Canal
E. Unfunded Mandates Reform Act
entities, for the reasons stated in section Aerial bridge, mile 0.25 at Duluth, shall
IV.A above this final rule would not The Unfunded Mandates Reform Act open on signal; except that, from March
have a significant economic impact on of 1995 (2 U.S.C. 1531–1538) requires 16 through December 31, between the
any vessel owner or operator. Federal agencies to assess the effects of hours of 7 a.m. and 9 p.m., seven days
Under section 213(a) of the Small their discretionary regulatory actions. In a week, the drawbridge shall open on
Business Regulatory Enforcement particular, the Act addresses actions the hour and half-hour for vessels under
amozie on DSK3GDR082PROD with RULES

Fairness Act of 1996 (Pub. L. 104–121), that may result in the expenditure by a 300 gross tons, if needed; and the bridge
we want to assist small entities in State, local, or tribal government, in the will open on signal for all vessels from
understanding this rule. If the rule aggregate, or by the private sector of 9 p.m. to 7 a.m., seven days a week, and
would affect your small business, $100,000,000 (adjusted for inflation) or at all times for Federal, state, and local
organization, or governmental more in any one year. Though this rule government vessels, vessels in distress,
jurisdiction and you have questions will not result in such an expenditure, commercial vessels engaged in rescue or

VerDate Sep<11>2014 16:53 Oct 26, 2018 Jkt 247001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1

Document Created: 2018-10-27 01:08:21
Document Modified: 2018-10-27 01:08:21

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 November 28, 2018.
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		83 FR 54245
RIN Number		1625-AA09

83 FR 54245 - Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-Superior Harbor, MN

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 83, Issue 209 (October 29, 2018)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard