[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Rules and Regulations]
[Pages 59123-59124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28513]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-99-077]
RIN-2115-AE47


Drawbridge Operation Regulations; Duluth Ship Canal (Duluth-
Superior Harbor), MN

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: Commander, Ninth Coast Guard District is temporarily changing 
the regulations governing the Duluth Aerial Lift Bridge over Duluth 
Ship Canal in Duluth, MN. The bridge need not open for vessel traffic 
and will remain in the closed-to-navigation position from December 15, 
1999, until March 20, 2000. This temporary rule has been authorized due 
to major rehabilitation and the need to immobilize the bridge for this 
project.

DATES: This temporary rule is effective from 12:01 a.m. on December 15, 
1999, to 11:59 p.m. on March 20, 2000.

ADDRESSES: Documents concerning this temporary rule are available for 
inspection and copying at 1240 East Ninth Street, Room 2019, Cleveland, 
OH, 44199-2060 between 6:30 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (216) 902-6084.

FOR FURTHER INFORMATION CONTACT: Mr. Scot Striffler, Project Manager, 
Ninth Coast Guard District Bridge Branch, at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

Discussion of Temporary Rule

    On January 21, 1999, the City of Duluth, MN, requested the Coast 
Guard approve a time period when the Duluth Aerial lift bridge would 
not be required to open for vessel traffic in order to complete a major 
rehabilitation of the operating machinery and deck replacement. A 16-
week closure was originally requested by the City.
    Commander, Ninth Coast Guard District, solicited the input of 
commercial vessel operators and Coast Guard engineers and determined 
that the project could be completed within 13 and one-half weeks 
without imposing unreasonable restrictions on navigation, while still 
providing the necessary time to complete the rehabilitation work. 
(Between January 1 and March 15 each year, the bridge is required to 
open for vessels if at least 24 hours advance notice is provided.) The 
Coast Guard authorized the bridge to remain in the closed-to-navigation 
position from 12:01 a.m. on December 15, 1999 until 11:59 p.m. on March 
20, 2000.
    The closure dates were based on the traditional times of the least 
commercial shipping activity in Duluth Harbor. There is no recreational 
or small entity vessel traffic during this period due to heavy ice in 
the west end of Lake Superior and Duluth/Superior Harbor. The Coast 
Guard also considered the fact that an alternate access to the harbor 
is available through the federal channel in Superior, WI.
    This temporary rule is being promulgated without a notice of 
proposed rulemaking. Under 5 U.S.C. 553(b)(B), the Coast Guard finds 
that good cause exists for not publishing an NPRM. Due to the extensive 
input by commercial marine interests, limited vessel activity during a 
majority of the closure period due to severe weather and ice, the need 
to perform the work necessary to maintain the bridge in a safe and 
operable condition during regular operating times, and the availability 
of access to the harbor through Superior Harbor Entry, notice and 
comment on this temporary final rule are unnecessary.

Regulatory Evaluation

    This temporary rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has not been reviewed by the Office of Management and 
Budget under that order. It is not significant under the regulatory 
policies and procedures of the Department of Transportation (DOT) (44 
FR 11040; February 26, 1979).
    The Coast Guard expects the economic impact of this proposed rule 
to be so minimal that a full Regulatory Evaluation under paragraph 10e 
of the regulatory policies and procedures of DOT is unnecessary. Access 
to the harbor will be available through another maintained waterway in 
close proximity to the bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this temporary rule will have a 
significant impact on a substantial number of small entities. ``Small 
entities'' may include small businesses and 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.
    Marine activity in the harbor is virtually non-existent during a 
majority of the authorized closure period due to extreme weather and 
ice. Only larger vessels, or specially designed vessels, are capable of 
transiting the harbor in heavy ice.
    Therefore, the Coast Guard certifies under 5 U.S.C 605(b) that this 
temporary rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

    This temporary rule does not provide for a collection-of-
information requirement under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.).

Federalism

    The Coast Guard has analyzed this temporary rule under the 
principles and criteria contained in Executive Order 12612, and has 
determined that this temporary rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
temporary rule and concluded that, under figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.lC, this temporary rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket for inspection or 
copying where indicated under ADDRESSES.

[[Page 59124]]

List of Subjects in 33 CFR Part 117

    Bridges.

    For reasons set out in the preamble, the Coast Guard temporarily 
amends Part 117 of Title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Effective from 12:01 a.m., December 15, 1999, to 11:59 p.m., 
March 20, 2000, Sec. 117.661 is suspended and a new Sec. 117.T662 is 
added to read as follows:


Sec. 117.T662  Duluth Ship Canal (Duluth-Superior Harbor).

    The draw of the Duluth Aerial Lift Bridge, mile 0.1 over the Duluth 
Ship Canal in Duluth, MN, need not open for the passage of vessels and 
may be maintained in the closed-to-navigation position.

    Dated: October 18, 1999.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 99-28513 Filed 11-1-99; 8:45 am]
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