Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-Superior Harbor, MN, 76324-76328 [2010-30739]
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
Tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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
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17:01 Dec 07, 2010
Jkt 223001
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary 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 because it
simply promulgates the operating
regulations or procedures for
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. In § 117.1087 add paragraph (e) to
read as follows:
*
*
*
*
*
(e) The draw of the Canadian National
Bridge, mile 55.72, at Oshkosh, shall
operate as follows:
(1) From April 15 to October 15 the
draw will be remotely operated and
shall remain in the open position for
vessel traffic unless the following train
sequence occurs; when a train is
scheduled to cross the bridge, a flashing
red light will be displayed when the
bridge will close in 10 minutes, then a
fixed red light when the bridge will
close in 5 minutes, then a flashing red
light and continuous ringing bell when
the bridge will close in 1 minute, and
during the closing sequence. After train
traffic has crossed, and when the bridge
again opens for vessel traffic, a flashing
red light and continuous ringing bell
will be displayed when the bridge will
open in 1 minute, and during the
opening sequence.
(2) From October 16 to April 14 the
draw shall open on signal if at least a
12 hour advance notice is provided.
(3) Before the bridge opens or closes,
and while the draw is in motion, the
remote operator shall monitor waterway
traffic by remote visual inspection to
show the waterway is clear and it is safe
to operate the draw. The remote
operator shall also announce that the
bridge is opening or closing on VHF–FM
Marine Radiotelephone. The owners of
the bridge shall maintain 2 board gauges
in accordance with 33 CFR 118.160 of
this chapter. The remote drawtender
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BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. USCG–2010–1030]
RIN 1625–AA09
Drawbridge Operation Regulation;
Duluth Ship Canal, Duluth-Superior
Harbor, MN
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
Fox River.
Frm 00008
[FR Doc. 2010–30740 Filed 12–7–10; 8:45 am]
33 CFR Part 117
1. The authority citation for part 117
continues to read as follows:
PO 00000
Dated: November 23, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard Commander,
Ninth Coast Guard District.
Coast Guard
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
§ 117.1087
may be contacted by mariners at
anytime by radiotelephone or
commercial phone number; this
information shall be so posted on the
bridge so that they are plainly visible to
vessel operators approaching the up or
downstream side of the bridge.
Sfmt 4702
ACTION:
The Coast Guard proposes to
establish a drawbridge opening
schedule for the Duluth Aerial Lift
Bridge for vessels under 300 gross tons.
Scheduled drawbridge openings were
requested by various local entities to
help reduce traffic congestion near the
drawbridge during the peak navigation
and tourist season. The scheduled
drawbridge openings are expected to
improve traffic congestion in the area
and enhance safety for all modes of
transportation.
SUMMARY:
Comments and related material
must reach the Coast Guard on or before
January 7, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–1030 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
DATES:
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or e-mail Mr. Lee Soule, Bridge
Management Specialist, Ninth Coast
Guard District; telephone (216) 902–
6085, e-mail Lee.D.Soule@uscg.mil. 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:
FOR FURTHER INFORMATION CONTACT:
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 https://
www.regulations.gov and will include
any personal information you have
provided.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–1030),
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 (https://
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 https://
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
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2010–1030’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
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unbound format, no larger than 81⁄2 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
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
1030’’ 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 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.
Basis and Purpose
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.
The bridge currently opens on signal for
all vessel traffic that requires a bridge
opening. Marine traffic on the waterway
consists of large commercial vessels,
smaller commercial vessels, and both
power and sail recreational vessels.
PO 00000
Frm 00009
Fmt 4702
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76325
Various entities in Duluth that
requested the scheduled openings
included: City of Duluth, Duluth Fire
Department-Emergency Management,
Duluth Police Department, Park Point
Community Association, and Canal Park
Business Association. The scheduled
drawbridge openings were requested
during the peak navigation and tourist
season 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
(Park Point and Canal Park), improve
access and response times for
emergency response entities, and
enhance pedestrian safety in the vicinity
of the bridge.
Commander, Ninth Coast Guard
District, approved a temporary deviation
from regulations, with request for
comments, that was published in the
April 22, 2010, issue of the Federal
Register (75 FR 20918). The temporary
deviation was constructed to be used as
a test bridge schedule during the 2010
navigation and tourist season. The test
schedule allowed for scheduled bridge
openings on the hour and half-hour for
all vessels under 300 gross tons between
the hours of 6 a.m. and 9 p.m., seven
days per week, and on signal between
9 p.m. and 6 a.m., from May 3 to
October 29, 2010. The bridge continued
to open at all times for all vessels over
300 gross tons and Federal, State, and
local government vessels, vessels in
distress, commercial vessels engaged in
rescue or emergency salvage operations,
vessels engaged in pilot duties, and
vessels seeking shelter from severe
weather. Written comments regarding
the test schedule were solicited
throughout the period.
The Coast Guard received four (4)
comments regarding the test schedule
that were successfully received by the
Docket Management Facility. Three of
the comments were from charter
fishermen operating out of Duluth
Harbor. The fourth comment was from
a representative of Duluth Seaway Port
Authority. The comments from charter
fishermen generally cited objections to
the scheduled bridge openings for their
type of vessels. Among the comments
were statements regarding
inconsistencies by bridge operators for
openings, concerns for vessel safety due
to smaller power vessels operating in
the canal at high speeds among vessels
waiting for bridge openings, and dates
and times of the day that the scheduled
openings should apply; specifically, that
the scheduled openings should not be in
place before 7:30 a.m. each day. The
Port Authority commenter stated that
the scheduled openings should not
apply to commercial vessels of any size
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
that support the commercial cargo
business in the port, as well as research
and survey vessels. The Port Authority
comment also included a
recommendation to adjust the dates and
times that scheduled drawbridge
openings would apply.
In addition to the written comments,
a stakeholders meeting was held in
Duluth on October 20, 2010, to review
and evaluate the test drawbridge
schedule and receive comments. The
stakeholders meeting included
representatives from Coast Guard, City
of Duluth, Duluth Seaway Port
Authority, Park Point Community
Association, Canal Park Business
Association, Great Lakes Towing
Company, Vista Cruise Lines, Duluth
Yacht Club, and Charter Fishermen.
Discussion of Proposed Rule
The City of Duluth collected data
throughout the test period related to
vehicular and vessel traffic counts, and
the number of bridge openings. In
addition to the data collected, each
stakeholder had the opportunity to
amplify their written comments and
provide additional direct input to the
Coast Guard during the October 20,
2010, meeting. During the stakeholder
meeting it was generally agreed by all
parties that the scheduled bridge
openings appeared to improve the
general flow of vehicular traffic on both
sides of the bridge and reduced
vehicular traffic congestion. The claim
of inconsistencies by the bridge
schedule were from 6 a.m. to 9 p.m.
each day. It was requested that the
scheduled openings start at 7:30 a.m.
instead of 6 a.m. The later start time was
requested to allow for the charter
fishermen to obtain bridge openings for
their first trip of the day during a time
when vehicular traffic is still relatively
light. The data collected by the City of
Duluth supports the agreed change to
the dates that the scheduled openings
would apply. The data also identifies
that the requested time each day to start
scheduled openings should be 7 a.m.
instead of 6 a.m. or 7:30 a.m. In addition
to the vehicular traffic data below that
indicates a clear increase in rush hour
traffic between 7 and 8 a.m., bridge
opening logs showed that the first trip
each day for most charter fishermen
occurred before 7 a.m. In order to
maintain an effective bridge schedule
that accomplishes the purpose of
managing traffic congestion while still
providing for the reasonable needs of
navigation, the proposed rule adjusts
the times for scheduled openings from
7 a.m. to 9 p.m. The later time was also
discussed and determined to remain at
9 p.m. since there is still considerable
vehicular traffic departing the public
park area on Minnesota Point around
this hour between Memorial Day and
Labor Day. Additionally, the 9 p.m. time
does not adversely affect any vessel
traffic. The data below collected by City
of Duluth illustrates support for the
agreed adjustments during the
stakeholders meeting:
operators was discussed, and appeared
to be isolated to only a few incidents.
They also occurred near the beginning
of the test period and can reasonably be
attributed to all parties adjusting to the
scheduled bridge openings. The Port
Authority and Great Lakes Towing
Company representatives stated their
positions that towing vessels engaged in
port operations should be specifically
included with vessels that continue to
have bridge openings at any time (on
signal). The proposed rule has been
adjusted to include these types of
vessels for openings on signal. Research
and survey vessels operating from
Duluth Harbor were also requested to be
specifically included in this group. This
class of vessels is considered public or
government vessels and may request
bridge openings on signal. Only a minor
adjustment to the proposed language is
needed to address this statement. The
comment regarding vessels operating at
unsafe speeds in the canal is considered
a law enforcement issue and not related
to the scheduled drawbridge openings.
The Coast Guard will take these reports
into consideration. Regarding the time
of year and hours each day that the
scheduled openings would apply, it was
generally agreed during the stakeholders
meeting that the scheduled openings
would be beneficial and effective
between Memorial Day and Labor Day
each year, instead of the beginning of
May to the end of October, as it was
implemented for the test schedule. The
scheduled opening hours during the test
TOTAL VESSELS UNDER 300 GROSS TONS
May
2009 .................................................................................
2010 .................................................................................
June
383
528
July
1287
1066
Aug
Sep
Oct
2015
2088
1974
1430
1331
1016
212
380
1097
860
1184
630
800
752
350
429
Total Bridge Openings
2009 .................................................................................
2010 .................................................................................
320
300
841
576
TOTAL VEHICLES (BOTH DIRECTIONS)
[Vehicular counts were not collected in 2009]
May
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2010 .................................................................................
June
July
Aug
Sep
Oct
102,564
210,539
266,000
230,668
160,591
163,110
In addition to the two scheduled
openings per hour, vessels will continue
to have access to the harbor through the
7 a.m.–8 a.m. alternate Superior, Wisconsin, Entry
Channel, and passage of the Aerial
97.53 Bridge during unscheduled openings for
87.80 commercial vessels. The proposed
84.09 schedule is expected to provide for the
reasonable balance of all modes of
TOTAL AVERAGE VEHICLES FOR EACH
HOUR
6 a.m.–7 a.m.
June ..........
July ...........
August .......
VerDate Mar<15>2010
68.20
58.77
50.04
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PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
transportation and effectively
accomplish the requested goal of
improving traffic congestion and safety
in the area of the Duluth Aerial Bridge.
This proposed regulation also adjusts
the current required advance notice
requirement for vessels from 24-hours to
12-hours vessels between January 1 and
March 15.
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
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Regulatory Planning and Review
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order. The Office
of Management and Budget has not
reviewed it under that Order. This
determination is expected to improve
traffic congestion and safety in the
vicinity of the drawbridge and does not
exclude bridge openings for vessel
traffic.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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 certifies under 5
U.S.C. 605(b) that this proposed rule
would not have a significant economic
impact on a substantial number of small
entities. The proposed rule continues to
provide at least two drawbridge
openings per hour between 7 a.m. and
9 p.m. each day, and openings at any
time during all other hours, as well as
during unscheduled transits of
commercial vessels. The test schedule
implemented this year resulted in only
minor adjustments in schedules or
operations for all entities. Additionally,
all vessels that do not require bridge
openings may transit the drawbridge at
any time, and the alternate Superior,
Wisconsin, Entry Channel may be used
by all vessels at any time.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
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Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 Mr. Lee D.
Soule, Bridge Management Specialist,
U.S. Coast Guard, telephone 216–902–
6085, e-mail lee.d.soule@uscg.mil, or fax
216–902–6088. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
76327
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
This proposed rule does not have
Tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
Governments, because it would 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.
Federalism
Energy Effects
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Collection of Information
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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
PO 00000
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Fmt 4702
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Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
Environment
We have analyzed this proposed 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 preliminary 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 because it
simply promulgates the operating
regulations or procedures for
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 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; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.661 to read as follow:
jlentini on DSKJ8SOYB1PROD with PROPOSALS
§ 117.661 Duluth Ship Canal (DuluthSuperior Harbor).
The draw of the Duluth Ship Canal
Aerial bridge, mile 0.25 at Duluth, shall
open 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 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 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 vessels 300 gross
tons or greater. From January 1 through
March 15, the draw shall open on signal
if at least 12 hours 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
VerDate Mar<15>2010
17:01 Dec 07, 2010
Jkt 223001
service if necessary, so that the vessels
do not attempt to enter the canal.
Dated: November 23, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard Commander,
Ninth Coast Guard District.
[FR Doc. 2010–30739 Filed 12–7–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2009–1134]
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or e-mail MST1 Jaime Sayers,
Waterways Management Division, Coast
Guard Sector Columbia River; telephone
503–240–9319, e-mail
Jaime.A.Sayers@uscg.mil. 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:
FOR FURTHER INFORMATION CONTACT:
RIN 1625–AA87
Security Zone; Vessels Carrying
Hazardous Cargo, Sector Columbia
River Captain of the Port Zone
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 https://
www.regulations.gov and will include
any personal information you have
provided.
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes the
establishment of a 500 yard security
zone around vessels carrying hazardous
cargo, as determined by the Captain of
the Port (COTP) Columbia River, when
such vessels are located in the Sector
Columbia River COTP Zone as defined
in 33 CFR 3.65–15 and the COTP
Columbia River determines that a
security zone is necessary and
enforcement of that security zone is
practicable. The security zones will help
ensure the security of the vessels
themselves as well as the maritime
public due to the hazardous nature of
the cargo on board.
DATES: Comments and related material
must be received by the Coast Guard on
or before March 8, 2011. Requests for
public meetings must be received by the
Coast Guard on or before January 24,
2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2009–1134 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
SUMMARY:
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2009–1134),
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(via https://
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 https://
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
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2009–1134’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
E:\FR\FM\08DEP1.SGM
08DEP1
]]>Agencies
[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76324-76328]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30739]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2010-1030]
RIN 1625-AA09
Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-
Superior Harbor, MN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a drawbridge opening
schedule for the Duluth Aerial Lift Bridge for vessels under 300 gross
tons. Scheduled drawbridge openings were requested by various local
entities to help reduce traffic congestion near the drawbridge during
the peak navigation and tourist season. The scheduled drawbridge
openings are expected to improve traffic congestion in the area and
enhance safety for all modes of transportation.
DATES: Comments and related material must reach the Coast Guard on or
before January 7, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-1030 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the
[[Page 76325]]
``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 Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone (216) 902-6085, e-mail
Lee.D.Soule@uscg.mil. 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 https://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-2010-1030), 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 (https://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 https://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 https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2010-1030'' in the ``Keyword''
box. Click ``Search'' 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 https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-1030'' 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 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.
Basis and Purpose
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. The
bridge currently opens on signal for all vessel traffic that requires a
bridge opening. Marine traffic on the waterway consists of large
commercial vessels, smaller commercial vessels, and both power and sail
recreational vessels.
Various entities in Duluth that requested the scheduled openings
included: City of Duluth, Duluth Fire Department-Emergency Management,
Duluth Police Department, Park Point Community Association, and Canal
Park Business Association. The scheduled drawbridge openings were
requested during the peak navigation and tourist season 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 (Park Point and Canal Park), improve access and response times
for emergency response entities, and enhance pedestrian safety in the
vicinity of the bridge.
Commander, Ninth Coast Guard District, approved a temporary
deviation from regulations, with request for comments, that was
published in the April 22, 2010, issue of the Federal Register (75 FR
20918). The temporary deviation was constructed to be used as a test
bridge schedule during the 2010 navigation and tourist season. The test
schedule allowed for scheduled bridge openings on the hour and half-
hour for all vessels under 300 gross tons between the hours of 6 a.m.
and 9 p.m., seven days per week, and on signal between 9 p.m. and 6
a.m., from May 3 to October 29, 2010. The bridge continued to open at
all times for all vessels over 300 gross tons and Federal, State, and
local government vessels, vessels in distress, commercial vessels
engaged in rescue or emergency salvage operations, vessels engaged in
pilot duties, and vessels seeking shelter from severe weather. Written
comments regarding the test schedule were solicited throughout the
period.
The Coast Guard received four (4) comments regarding the test
schedule that were successfully received by the Docket Management
Facility. Three of the comments were from charter fishermen operating
out of Duluth Harbor. The fourth comment was from a representative of
Duluth Seaway Port Authority. The comments from charter fishermen
generally cited objections to the scheduled bridge openings for their
type of vessels. Among the comments were statements regarding
inconsistencies by bridge operators for openings, concerns for vessel
safety due to smaller power vessels operating in the canal at high
speeds among vessels waiting for bridge openings, and dates and times
of the day that the scheduled openings should apply; specifically, that
the scheduled openings should not be in place before 7:30 a.m. each
day. The Port Authority commenter stated that the scheduled openings
should not apply to commercial vessels of any size
[[Page 76326]]
that support the commercial cargo business in the port, as well as
research and survey vessels. The Port Authority comment also included a
recommendation to adjust the dates and times that scheduled drawbridge
openings would apply.
In addition to the written comments, a stakeholders meeting was
held in Duluth on October 20, 2010, to review and evaluate the test
drawbridge schedule and receive comments. The stakeholders meeting
included representatives from Coast Guard, City of Duluth, Duluth
Seaway Port Authority, Park Point Community Association, Canal Park
Business Association, Great Lakes Towing Company, Vista Cruise Lines,
Duluth Yacht Club, and Charter Fishermen.
Discussion of Proposed Rule
The City of Duluth collected data throughout the test period
related to vehicular and vessel traffic counts, and the number of
bridge openings. In addition to the data collected, each stakeholder
had the opportunity to amplify their written comments and provide
additional direct input to the Coast Guard during the October 20, 2010,
meeting. During the stakeholder meeting it was generally agreed by all
parties that the scheduled bridge openings appeared to improve the
general flow of vehicular traffic on both sides of the bridge and
reduced vehicular traffic congestion. The claim of inconsistencies by
the bridge operators was discussed, and appeared to be isolated to only
a few incidents. They also occurred near the beginning of the test
period and can reasonably be attributed to all parties adjusting to the
scheduled bridge openings. The Port Authority and Great Lakes Towing
Company representatives stated their positions that towing vessels
engaged in port operations should be specifically included with vessels
that continue to have bridge openings at any time (on signal). The
proposed rule has been adjusted to include these types of vessels for
openings on signal. Research and survey vessels operating from Duluth
Harbor were also requested to be specifically included in this group.
This class of vessels is considered public or government vessels and
may request bridge openings on signal. Only a minor adjustment to the
proposed language is needed to address this statement. The comment
regarding vessels operating at unsafe speeds in the canal is considered
a law enforcement issue and not related to the scheduled drawbridge
openings. The Coast Guard will take these reports into consideration.
Regarding the time of year and hours each day that the scheduled
openings would apply, it was generally agreed during the stakeholders
meeting that the scheduled openings would be beneficial and effective
between Memorial Day and Labor Day each year, instead of the beginning
of May to the end of October, as it was implemented for the test
schedule. The scheduled opening hours during the test schedule were
from 6 a.m. to 9 p.m. each day. It was requested that the scheduled
openings start at 7:30 a.m. instead of 6 a.m. The later start time was
requested to allow for the charter fishermen to obtain bridge openings
for their first trip of the day during a time when vehicular traffic is
still relatively light. The data collected by the City of Duluth
supports the agreed change to the dates that the scheduled openings
would apply. The data also identifies that the requested time each day
to start scheduled openings should be 7 a.m. instead of 6 a.m. or 7:30
a.m. In addition to the vehicular traffic data below that indicates a
clear increase in rush hour traffic between 7 and 8 a.m., bridge
opening logs showed that the first trip each day for most charter
fishermen occurred before 7 a.m. In order to maintain an effective
bridge schedule that accomplishes the purpose of managing traffic
congestion while still providing for the reasonable needs of
navigation, the proposed rule adjusts the times for scheduled openings
from 7 a.m. to 9 p.m. The later time was also discussed and determined
to remain at 9 p.m. since there is still considerable vehicular traffic
departing the public park area on Minnesota Point around this hour
between Memorial Day and Labor Day. Additionally, the 9 p.m. time does
not adversely affect any vessel traffic. The data below collected by
City of Duluth illustrates support for the agreed adjustments during
the stakeholders meeting:
Total Vessels Under 300 Gross Tons
----------------------------------------------------------------------------------------------------------------
May June July Aug Sep Oct
----------------------------------------------------------------------------------------------------------------
2009.............................. 383 1287 2015 1974 1331 212
2010.............................. 528 1066 2088 1430 1016 380
----------------------------------------------------------------------------------------------------------------
Total Bridge Openings
----------------------------------------------------------------------------------------------------------------
2009.............................. 320 841 1097 1184 800 350
2010.............................. 300 576 860 630 752 429
----------------------------------------------------------------------------------------------------------------
Total Vehicles (Both Directions)
[Vehicular counts were not collected in 2009]
----------------------------------------------------------------------------------------------------------------
May June July Aug Sep Oct
----------------------------------------------------------------------------------------------------------------
2010.............................. 102,564 210,539 266,000 230,668 160,591 163,110
----------------------------------------------------------------------------------------------------------------
Total Average Vehicles for Each Hour
------------------------------------------------------------------------
6 a.m.-7 a.m. 7 a.m.-8 a.m.
------------------------------------------------------------------------
June.................................... 68.20 97.53
July.................................... 58.77 87.80
August.................................. 50.04 84.09
------------------------------------------------------------------------
In addition to the two scheduled openings per hour, vessels will
continue to have access to the harbor through the alternate Superior,
Wisconsin, Entry Channel, and passage of the Aerial Bridge during
unscheduled openings for commercial vessels. The proposed schedule is
expected to provide for the reasonable balance of all modes of
transportation and effectively accomplish the requested goal of
improving traffic congestion and safety in the area of the Duluth
Aerial Bridge.
This proposed regulation also adjusts the current required advance
notice requirement for vessels from 24-hours to 12-hours vessels
between January 1 and March 15.
[[Page 76327]]
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. This determination is
expected to improve traffic congestion and safety in the vicinity of
the drawbridge and does not exclude bridge openings for vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. The proposed rule continues to provide at
least two drawbridge openings per hour between 7 a.m. and 9 p.m. each
day, and openings at any time during all other hours, as well as during
unscheduled transits of commercial vessels. The test schedule
implemented this year resulted in only minor adjustments in schedules
or operations for all entities. Additionally, all vessels that do not
require bridge openings may transit the drawbridge at any time, and the
alternate Superior, Wisconsin, Entry Channel may be used by all vessels
at any time.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Mr. Lee D. Soule, Bridge
Management Specialist, U.S. Coast Guard, telephone 216-902-6085, e-mail
lee.d.soule@uscg.mil, or fax 216-902-6088. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
[[Page 76328]]
Environment
We have analyzed this proposed 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 preliminary 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 because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Revise Sec. 117.661 to read as follow:
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 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 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 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
vessels 300 gross tons or greater. From January 1 through March 15, the
draw shall open on signal if at least 12 hours 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: November 23, 2010.
M.N. Parks,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 2010-30739 Filed 12-7-10; 8:45 am]
BILLING CODE 9110-04-P
