Drawbridge Operation Regulation; St. Louis River (Duluth-Superior Harbor), Between the Towns of Duluth, MN and Superior, WI, 18407-18409 [2017-07907]
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Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Proposed Rules
The Proposal
Environmental Review
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) Part 71 by modifying Class E
airspace extending upward from 700
feet above the surface at Perry Lefors
Field, Pampa, TX. Specifically, this
action would remove the segment 3
miles each side of the 354° bearing from
the Pampa NDB extending from the 7.3mile radius to 10.1 miles north of the
airport and would reduce the Class E
airspace extending upward from 700
feet above the surface at the airport from
a 7.3-mile radius to a 6.4-mile radius.
This action also proposes to modify
Class E airspace extending upward from
700 feet above the surface at Gaines
County Airport, Seminole, TX by
removing the segment 2.5 miles each
side of the 189° bearing from the Gaines
CO NDB extending from the 6.7-mile
radius to 7.7 miles south of the airport.
Airspace reconfiguration is necessary
due to the decommissioning of nondirectional radio beacons (NDB),
cancellation of NDB approaches, and
implementation of area navigation
(RNAV) procedures at the above
airports. Controlled airspace is
necessary for the safety and
management of the standard instrument
approach procedures for IFR operations
at the airports.
Class E airspace designations are
published in paragraph 6005 of FAA
Order 7400.11A, dated August 3, 2016,
and effective September 15, 2016, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
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12:41 Apr 18, 2017
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List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting
Points, dated August 3, 2015, and
effective September 15, 2016, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 feet or More
Above the Surface of the Earth.
*
*
*
ASW TX E5
*
*
Pampa, TX [Amended]
Pampa, Perry Lefors Field, TX
(Lat. 35°36′47″ N., long. 100°59′47″ W.)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of Perry Lefors Field.
*
*
*
ASW TX E5
*
*
Seminole, TX [Amended]
Seminole, Gaines County Airport, TX
(Lat. 32°40′31″ N., long. 102°39′10″ W.)
That airspace extending upward from 700
feet above the surface within a 6.7-mile
radius of Gaines County Airport.
Issued in Fort Worth, Texas, on April 10,
2017.
Walter Tweedy,
Acting Manager, Operations Support Group,
Central Service Center.
[FR Doc. 2017–07781 Filed 4–18–17; 8:45 am]
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18407
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify 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
proposed rule would affect 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 proposed rule would 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.
DATES: Comments and related material
must reach the Coast Guard on or before
May 19, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2017–0212 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
If
you have questions on this proposed
rule, call or email Mr. Lee D. Soule,
Bridge Management Specialist, Ninth
Coast Guard District; telephone 216–
902–6085, email Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LWD Low Water Datum
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed
rulemaking
Pub. L. Public Law
E:\FR\FM\19APP1.SGM
19APP1
18408
Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Proposed Rules
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The St. Louis River flows eastward
through Grassy Point into the St. Louis
Bay and then into the west side of
Superior Bay near its north end through
Rices Point and Connors Point. The
Minnesota Channel, the dredged
channel, follows the Minnesota shore
for 2 miles west of Grassy Point before
turning south. The buoys in the
Minnesota Channel, are maintained
from April 28 to December 7 each year
when the waterway is typically ice free.
The waterway is used by recreational
and commercial vessels, including large
freighters. Most vessels, including the
larger freighters, avoid navigating the
Minnesota Channel after December 7
when the buoys are decommissioned for
the winter and ice makes navigation
difficult.
The Burlington Northern Grassy Point
Railroad Bridge at mile 5.44 is a center
swing bridge that provides 175 feet of
horizontal clearance in both draws and
a vertical clearance of 12 feet in the
closed position with an unlimited
clearance in the open position at LWD.
Fixed spans, outside of the channel
limits, adjoining the bridge have a
horizontal clearance of 64 feet and a
vertical clearance of 13 feet at LWD. The
bridge currently opens on signal, except
that from January 1 through March 15
the draw opens on signal if at least 24
hours notice is provided.
The bridges listed in the regulation 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.
The Duluth, Missabe & Iron Range
combined Railroad and Highway Bridge,
also known as the Oliver Bridge, at mile
13.91, is a center swing bridge with a
horizontal clearance of 125 feet in both
draws and a vertical clearance of 22 feet
in the closed position at LWD. This
bridge has been authorized to remain in
the closed position for over 20 years but
must return to operable condition when
notified by the District Commander to
do so.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
III. Discussion of Proposed Rule
The bridge river/waterway mile
numbers in the current regulation and
the Coast Pilot 6 do not match. To avoid
confusion this discussion only refers to
the bridge mile numbers as published in
the current Coast Pilot 6. The intent is
to correct the mile numbers in this
proposed rule so both the CFR and
Coast Pilot 6 match.
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12:41 Apr 18, 2017
Jkt 241001
The bridges referred to as the Grassy
Point Bridge at mile 8.0 and the Arrow
Head Bridge at mile 8.7 in the current
regulation will be removed from the
CFR because the bridges have been
removed and are no longer crossing the
waterway.
The drawbridge referred to as the
Burlington Northern Railroad Bridge at
mile 5.7 in the current regulation will be
revised and referred to as the Burlington
Northern Railroad Grassy Point Bridge
at mile 5.44.
We reviewed the drawtender logs
provided by the owners of the
Burlington Northern Railroad Grassy
Point Bridge and found the last vessel
to request an opening in 2014 was an
unknown tug boat on December 11, at
9 p.m., and in 2015 the last vessel to
request an opening was a Coast Guard
vessel that requested an opening on
December 6, at 2 p.m., and in 2016 the
last vessel to request an opening was a
Coast Guard vessel that requested an
opening on December 2, at 5:45 p.m.
Due to the lack of openings after
December 7, we propose to allow the
bridge to open if a 12-hour notice is
given from December 15 through March
15 each year.
We propose to rename the Duluth,
Missabe & Iron Range combined
Railroad and Highway Bridge at mile
13.91 to the Canadian National Railroad
and Highway Bridge to reflect the
current ownership of the bridge, but
continue to allow the bridge to remain
in the closed position. The bridge will
be required to return to operable
condition when notified by the District
Commander to do so.
The regulatory language for these
drawbridges appear under two separate
sections of 33 CFR; § 117.669 St. Louis
River (Duluth-Superior Harbor) and
§ 117.1083 Duluth-Superior Harbor (St.
Louis River). Our intent is to issue a
Final Rule for § 117.669 that includes all
revised language for St. Louis River
drawbridges, and revise § 117.1083 by
removing the regulatory language and
referring readers to § 117.669 DuluthSuperior Harbor (St. Louis River).
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
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
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necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This NPRM has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, the NPRM has not been
reviewed by the Office of Management
and Budget.
This regulatory action determination
is based on the ability that vessels can
still transit the bridge from December 15
through March 15 if a 12-hour advance
notice of arrival is provided at a time of
year when vessel traffic is at its lowest.
All other changes to the regulation are
administrative in nature and required to
make the regulation consistent with
other published navigation information.
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 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.
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
proposed rule would not have a
significant economic impact on any
vessel owner or operator because the
bridge will still open if advance notice
if provided.
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.
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. 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. The Coast Guard will
E:\FR\FM\19APP1.SGM
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Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Proposed Rules
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
C. 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).
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 proposed 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 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.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
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
proposed rule would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
F. 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
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12:41 Apr 18, 2017
Jkt 241001
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. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally such actions are
categorically excluded from further
review, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this
document, and all public comments, are
in our online docket at https://
PO 00000
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18409
www.regulations.gov and can be viewed
by following that Web site’s
instructions. Additionally, if you go to
the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
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 § 117.669 to read as follows:
§ 117.669
Harbor).
St. Louis River (Duluth-Superior
(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 12hour 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.
■ 3. Revise § 117.1083 to read as
follows:
§ 117.1083 Duluth-Superior Harbor (St.
Louis River).
See § 117.669 St. Louis River (DuluthSuperior Harbor), listed under
Minnesota.
Dated: March 31, 2017.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2017–07907 Filed 4–18–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[4500030115]
Endangered and Threatened Wildlife
and Plants; 90-Day Findings on Two
Petitions
AGENCY:
Fish and Wildlife Service,
Interior.
E:\FR\FM\19APP1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Proposed Rules]
[Pages 18407-18409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07907]
=======================================================================
-----------------------------------------------------------------------
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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify 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
proposed rule would affect 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 proposed rule would 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.
DATES: Comments and related material must reach the Coast Guard on or
before May 19, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2017-0212 using Federal eRulemaking Portal at https://www.regulations.gov.
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 email Mr. Lee D. Soule, Bridge Management Specialist,
Ninth Coast Guard District; telephone 216-902-6085, email
Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
LWD Low Water Datum
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
[[Page 18408]]
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The St. Louis River flows eastward through Grassy Point into the
St. Louis Bay and then into the west side of Superior Bay near its
north end through Rices Point and Connors Point. The Minnesota Channel,
the dredged channel, follows the Minnesota shore for 2 miles west of
Grassy Point before turning south. The buoys in the Minnesota Channel,
are maintained from April 28 to December 7 each year when the waterway
is typically ice free. The waterway is used by recreational and
commercial vessels, including large freighters. Most vessels, including
the larger freighters, avoid navigating the Minnesota Channel after
December 7 when the buoys are decommissioned for the winter and ice
makes navigation difficult.
The Burlington Northern Grassy Point Railroad Bridge at mile 5.44
is a center swing bridge that provides 175 feet of horizontal clearance
in both draws and a vertical clearance of 12 feet in the closed
position with an unlimited clearance in the open position at LWD. Fixed
spans, outside of the channel limits, adjoining the bridge have a
horizontal clearance of 64 feet and a vertical clearance of 13 feet at
LWD. The bridge currently opens on signal, except that from January 1
through March 15 the draw opens on signal if at least 24 hours notice
is provided.
The bridges listed in the regulation 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.
The Duluth, Missabe & Iron Range combined Railroad and Highway
Bridge, also known as the Oliver Bridge, at mile 13.91, is a center
swing bridge with a horizontal clearance of 125 feet in both draws and
a vertical clearance of 22 feet in the closed position at LWD. This
bridge has been authorized to remain in the closed position for over 20
years but must return to operable condition when notified by the
District Commander to do so.
III. Discussion of Proposed Rule
The bridge river/waterway mile numbers in the current regulation
and the Coast Pilot 6 do not match. To avoid confusion this discussion
only refers to the bridge mile numbers as published in the current
Coast Pilot 6. The intent is to correct the mile numbers in this
proposed rule so both the CFR and Coast Pilot 6 match.
The bridges referred to as the Grassy Point Bridge at mile 8.0 and
the Arrow Head Bridge at mile 8.7 in the current regulation will be
removed from the CFR because the bridges have been removed and are no
longer crossing the waterway.
The drawbridge referred to as the Burlington Northern Railroad
Bridge at mile 5.7 in the current regulation will be revised and
referred to as the Burlington Northern Railroad Grassy Point Bridge at
mile 5.44.
We reviewed the drawtender logs provided by the owners of the
Burlington Northern Railroad Grassy Point Bridge and found the last
vessel to request an opening in 2014 was an unknown tug boat on
December 11, at 9 p.m., and in 2015 the last vessel to request an
opening was a Coast Guard vessel that requested an opening on December
6, at 2 p.m., and in 2016 the last vessel to request an opening was a
Coast Guard vessel that requested an opening on December 2, at 5:45
p.m. Due to the lack of openings after December 7, we propose to allow
the bridge to open if a 12-hour notice is given from December 15
through March 15 each year.
We propose to rename the Duluth, Missabe & Iron Range combined
Railroad and Highway Bridge at mile 13.91 to the Canadian National
Railroad and Highway Bridge to reflect the current ownership of the
bridge, but continue to allow the bridge to remain in the closed
position. The bridge will be required to return to operable condition
when notified by the District Commander to do so.
The regulatory language for these drawbridges appear under two
separate sections of 33 CFR; Sec. 117.669 St. Louis River (Duluth-
Superior Harbor) and Sec. 117.1083 Duluth-Superior Harbor (St. Louis
River). Our intent is to issue a Final Rule for Sec. 117.669 that
includes all revised language for St. Louis River drawbridges, and
revise Sec. 117.1083 by removing the regulatory language and referring
readers to Sec. 117.669 Duluth-Superior Harbor (St. Louis River).
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
This regulatory action determination is based on the ability that
vessels can still transit the bridge from December 15 through March 15
if a 12-hour advance notice of arrival is provided at a time of year
when vessel traffic is at its lowest. All other changes to the
regulation are administrative in nature and required to make the
regulation consistent with other published navigation information.
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 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. 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 proposed rule would not have
a significant economic impact on any vessel owner or operator because
the bridge will still open if advance notice if provided.
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.
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. 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. The Coast Guard will
[[Page 18409]]
not retaliate against small entities that question or complain about
this proposed rule or any policy or action of the Coast Guard.
C. 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).
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 proposed 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 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. 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. This proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
Normally such actions are categorically excluded from further review,
under figure 2-1, paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this document, and all public comments, are
in our online docket at https://www.regulations.gov and can be viewed by
following that Web site's instructions. Additionally, if you go to the
online docket and sign up for email alerts, you will be notified when
comments are posted or a final rule is published.
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
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: March 31, 2017.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2017-07907 Filed 4-18-17; 8:45 am]
BILLING CODE 9110-04-P
