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


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 
[email protected].

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