[Federal Register Volume 82, Number 139 (Friday, July 21, 2017)]
[Rules and Regulations]
[Pages 33802-33803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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