[Federal Register Volume 75, Number 77 (Thursday, April 22, 2010)]
[Rules and Regulations]
[Pages 20918-20920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9337]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0247]


Drawbridge Operation Regulations; Duluth Ship Canal, Duluth, MN

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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SUMMARY: Commander, Ninth Coast Guard District, has issued a temporary 
deviation from the regulation governing the operation of the Duluth 
Aerial Bridge across the Duluth Ship Canal, mile 0.25, at Duluth, MN. 
This deviation will test a change to the drawbridge operation schedule 
to determine whether a permanent change to the schedule is needed. The 
deviation will allow scheduled openings on the hour and half-hour for 
vessels under 300 gross tons from May 3 to October 29, 2010, between 
the hours of 6 a.m. and 9 p.m., seven days per week. The bridge will 
open on signal for all vessels from 9 p.m. to 6 a.m., and at all times 
for Federal, state, and local government vessels used for public 
safety, vessels in distress, commercial vessels engaged in rescue or 
emergency salvage operations, vessels engaged in pilot duties, vessels 
seeking shelter from severe weather, and all commercial vessels 300 
gross tons or greater.

DATES: This deviation is effective from 6 a.m. on May 3, 2010 through 9 
p.m. on October 29, 2010. Comments and related material must be 
received by the Coast Guard by October 31, 2010.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-0247 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except

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Federal holidays. The telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
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 e-mail Mr. Lee D. Soule, Bridge Management Specialist, 
Ninth Coast Guard District Bridge Branch; telephone: 216-902-6085, e-
mail: [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2010-0247), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online to (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Keyword'' box insert ``USCG-2010-0247,'' 
click ``Search,'' and then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2010-0247'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before October 31, 2010 using one of the four 
methods specified under ADDRESSES. Please explain why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Duluth Aerial Bridge at mile 0.25 over the Duluth Ship Canal 
has a vertical clearance of 15 feet in the closed position and a 
vertical clearance of 141 feet in the opened position. The normal 
operating schedule as outlined in 33 CFR 117.661 requires the bridge to 
open on signal for all vessels, 24 hours, 7 days a week, between March 
16 and December 31 each year. The scheduled drawbridge openings were 
requested to improve the flow of vehicular traffic over the bridge, 
relieve vehicular traffic congestion near the bridge and on city 
streets on both sides of the bridge, improve access and response times 
for emergency response vehicles, and enhance pedestrian safety during 
the peak navigation and tourist season (May 1 to October 31). The 
bridge, and roadway, provides the only access and evacuation route 
across the Ship Canal to Minnesota Point. The City of Duluth has stated 
that approximately 4,250 vehicles cross the bridge daily during the 
winter months and approximately 15,000 vehicles cross the bridge daily 
during the peak tourist season, with very heavy pedestrian traffic on 
both sides of the bridge. Vessel traffic on this waterway consists of 
recreational vessels, small commercial vessels, and larger commercial 
vessels. An estimated average of 86 vessels under 300 gross tons, and 7 
vessels 300 gross tons and over, pass the bridge each day between May 1 
and October 31 each year, with an average of 27 bridge openings per day 
during the same period.
    Commander, Ninth Coast Guard District, has approved the temporary 
deviation to the existing drawbridge regulations for the 2010 
navigation and tourist season in order to test the proposed schedule 
and its effectiveness for all vessel, vehicular, and pedestrian traffic 
at the crossing. The temporary drawbridge schedule is expected to 
provide for the reasonable needs of all modes of transportation, and 
the reasonable needs of navigation by providing two scheduled bridge 
openings per hour for recreational vessels and all vessels under 300 
gross tons, as well as occasional unscheduled openings when larger 
commercial vessels are passed. Vessels may also gain access to Duluth 
Harbor at all times through Superior Harbor, WI.

Temporary Drawbridge Schedule

    From May 3 to October 29, 2010, between the hours of 6 a.m. and 9 
p.m., seven days per week, the drawbridge will open on the hour and 
half-hour for vessels under 300 gross tons, if needed. The bridge will 
open on signal for all vessels from 9 p.m. to 6 a.m., and at all times 
for Federal, state, and local government vessels used for public 
safety, vessels in distress, commercial vessels engaged in rescue or 
emergency salvage operations, vessels engaged in pilot duties, vessels 
seeking shelter from severe weather, and all commercial vessels 300 
gross tons or greater.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the

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end of the designated time period. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

    Dated: April 13, 2010.
Peter V. Neffenger,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2010-9337 Filed 4-21-10; 8:45 am]
BILLING CODE 9110-04-P