Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-Superior Harbor, MN, 38099-38101 [2018-16669]
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38099
Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules
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environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (Docket No. FAA–
2018–0468 and Airspace Docket No. 18–
AEA–13) and be submitted in triplicate
to DOT Docket Operations (see
ADDRESSES section for the address and
phone number.) You may also submit
comments through the internet at https://
www.regulations.gov.
Persons wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed stamped
postcard on which the following
statement is made: ‘‘Comments to FAA
Docket No. FAA–2018–0468; Airspace
Docket No. 18–AEA–13.’’ The postcard
will be date/time stamped and returned
to the commenter.
All communications received before
the specified closing date for comments
will be considered before taking action
on the proposed rule. The proposal
contained in this document may be
changed in light of the comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
comment closing date. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s web page at https://
www.faa.gov/air_traffic/publications/
airspace_amendments/.
You may review the public docket
containing the proposal, any comments
received and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined between
8:00 a.m. and 4:30 p.m., Monday
through Friday, except federal holidays
at the office of the Eastern Service
Center, Federal Aviation
Administration, Room 350, 1701
Columbia Avenue, College Park, GA
30337.
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.11B, Airspace
Designations and Reporting Points,
dated August 3, 2017, and effective
VerDate Sep<11>2014
18:01 Aug 02, 2018
Jkt 244001
September 15, 2017. FAA Order
7400.11B is publicly available as listed
in the ADDRESSES section of this
document. FAA Order 7400.11B lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
The Proposal
The FAA proposes an amendment to
Title 14, Code of Federal Regulations
(14 CFR) part 71 to modify Class E
airspace extending upward from 700
feet or more above the surface within a
6.6-mile radius (increased from a 6.4mile radius) of Cambridge-Dorchester
Regional Airport, Cambridge, MD, due
to the decommissioning of the
Cambridge NDB, and cancellation of the
NDB approach. The airspace redesign
would enhance the safety and
management of IFR operations at the
airport. The geographic coordinates of
the airport also would be adjusted to
coincide with the FAA’s aeronautical
database, and the airport name would be
updated to Cambridge-Dorchester
Regional Airport, (formerly CambridgeDorchester Airport).
Class E airspace designations are
published in Paragraph 6005 of FAA
Order 7400.11B, dated August 3, 2017,
and effective September 15, 2017, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. 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
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
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.
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Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
In consideration of the foregoing, 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 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 Federal Aviation
Administration Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, and
effective September 15, 2017, is
amended as follows:
■
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
*
*
ANE ME E5 Cambridge, MD [Amended]
Cambridge-Dorchester Regional Airport, MD
(Lat. 38°32′22″ N, long. 76°01′49″ W)
That airspace extending upward from 700
feet above the surface within a 6.6- mile
radius of Cambridge-Dorchester Regional
Airport.
Issued in College Park, Georgia, on July 26,
2018.
Shawn Reddinger,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2018–16606 Filed 8–2–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0181]
RIN 1625–AA09
Drawbridge Operation Regulation;
Duluth Ship Canal, Duluth-Superior
Harbor, MN
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating schedule that
SUMMARY:
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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules
governs the Duluth Aerial Lift Bridge for
vessels under 300 gross tons. The City
of Duluth has requested that the current
summer bridge schedule (Memorial Day
to Labor Day) be extended to include the
spring and fall.
DATES: Comments and related material
must reach the Coast Guard on or before
September 4, 2018.
ADDRESSES: You may submit comments
identified by docket number USCG–
2018–0181 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
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CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of
1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Duluth Aerial Bridge is located
0.25 miles from Duluth Harbor North
Pier Light at the lakeward end of the
Duluth Ship Canal. It is a vertical lift
type bridge that provides 15 feet of
vertical clearance in the down position
and up to 141 feet in the open position.
Currently the bridge opens on signal
except that, from the Friday before
Memorial Day through the Tuesday after
Labor Day each year, between the hours
of 7 a.m. and 9 p.m., seven days a week,
the drawbridge opens on the hour and
half-hour for vessels under 300 gross
tons, if needed; and the bridge will open
on signal for all vessels from 9 p.m. to
7 a.m., seven days a week, and at all
times for Federal, state, and local
government vessels, vessels in distress,
commercial vessels engaged in rescue or
emergency salvage operations,
commercial-assist towing vessels
engaged in towing or port operations,
vessels engaged in pilot duties, vessels
seeking shelter from severe weather, and
all commercial vessels 300 gross tons or
greater. From January 1 through March
VerDate Sep<11>2014
18:01 Aug 02, 2018
Jkt 244001
15, the draw opens 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.
Marine traffic on the waterway
consists of large commercial vessels,
smaller commercial vessels, and both
power and sail recreational vessels.
Duluth-Superior Harbor has two federal
project channels available for mariners
to enter the harbor: The Duluth Ship
Canal and the Superior Channel. The
Superior Channel is not crossed by any
bridges.
III. Discussion of Proposed Rule
The City of Duluth operates the
Duluth Aerial Lift Bridge across the
Duluth Ship Canal and has reported
increased traffic and community growth
on Minnesota Point, which is only
accessible by the Aerial Bridge, and has
requested that the current scheduled
summer openings be extended to
include the spring and fall. The City of
Duluth believes this will improve the
flow of vehicular traffic over the bridge,
relieve vehicular 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. The City of
Duluth has informally queried local
stake holders and has received several
comments in favor of extending the
summer bridge operating schedule to
cover the spring and fall dates (March
16 to December 31).
The regulation only affects
recreational vessels and commercial
vessels under 300 gross tons. The
drawbridge will continue to open at all
times for commercial vessels over 300
gross tons. The only change to the
regulation will be to extend the dates of
the scheduled bridge openings from the
Friday before Memorial Day through the
Tuesday after Labor Day to March 16
through December 31 each year.
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.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This 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 (OMB) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771. This regulatory action
determination is based on the expected
improvement to traffic and all modes of
traffic using the drawbridge, and the
proven improvement realized by the
previous change to the bridge schedule
implemented in the last rulemaking.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard 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 bridges
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 we
coordinated with the marina operators
and the local stakeholders and
incorporated their concerns into the
proposed regulation.
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 (Public Law 104–
121), we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
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Federal Register / Vol. 83, No. 150 / Friday, August 3, 2018 / Proposed Rules
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
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.
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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 will 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
VerDate Sep<11>2014
18:01 Aug 02, 2018
Jkt 244001
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.
A preliminary Record of
Environmental Consideration and a
Memorandum for the Record are not
required for this proposed 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.
Documents mentioned in this NPRM
as being available in this docket and all
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38101
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’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
revise 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 follows:
§ 117.661 Duluth Ship Canal (DuluthSuperior Harbor).
The draw of the Duluth Ship Canal
Aerial bridge, mile 0.25 at Duluth, shall
operate as follows:
(a) From 16 March through 31
December, 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 commercial vessels 300 gross tons or
greater.
(b) 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: July 27, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2018–16669 Filed 8–2–18; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 83, Number 150 (Friday, August 3, 2018)]
[Proposed Rules]
[Pages 38099-38101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16669]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2018-0181]
RIN 1625-AA09
Drawbridge Operation Regulation; Duluth Ship Canal, Duluth-
Superior Harbor, MN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating schedule that
[[Page 38100]]
governs the Duluth Aerial Lift Bridge for vessels under 300 gross tons.
The City of Duluth has requested that the current summer bridge
schedule (Memorial Day to Labor Day) be extended to include the spring
and fall.
DATES: Comments and related material must reach the Coast Guard on or
before September 4, 2018.
ADDRESSES: You may submit comments identified by docket number USCG-
2018-0181 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
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Duluth Aerial Bridge is located 0.25 miles from Duluth Harbor
North Pier Light at the lakeward end of the Duluth Ship Canal. It is a
vertical lift type bridge that provides 15 feet of vertical clearance
in the down position and up to 141 feet in the open position. Currently
the bridge opens on signal except that, from the Friday before Memorial
Day through the Tuesday after Labor Day each year, between the hours of
7 a.m. and 9 p.m., seven days a week, the drawbridge opens on the hour
and half-hour for vessels under 300 gross tons, if needed; and the
bridge will open on signal for all vessels from 9 p.m. to 7 a.m., seven
days a week, and at all times for Federal, state, and local government
vessels, vessels in distress, commercial vessels engaged in rescue or
emergency salvage operations, commercial-assist towing vessels engaged
in towing or port operations, vessels engaged in pilot duties, vessels
seeking shelter from severe weather, and all commercial vessels 300
gross tons or greater. From January 1 through March 15, the draw opens
on signal if at least 12 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.
Marine traffic on the waterway consists of large commercial
vessels, smaller commercial vessels, and both power and sail
recreational vessels. Duluth-Superior Harbor has two federal project
channels available for mariners to enter the harbor: The Duluth Ship
Canal and the Superior Channel. The Superior Channel is not crossed by
any bridges.
III. Discussion of Proposed Rule
The City of Duluth operates the Duluth Aerial Lift Bridge across
the Duluth Ship Canal and has reported increased traffic and community
growth on Minnesota Point, which is only accessible by the Aerial
Bridge, and has requested that the current scheduled summer openings be
extended to include the spring and fall. The City of Duluth believes
this will improve the flow of vehicular traffic over the bridge,
relieve vehicular 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. The City of Duluth has
informally queried local stake holders and has received several
comments in favor of extending the summer bridge operating schedule to
cover the spring and fall dates (March 16 to December 31).
The regulation only affects recreational vessels and commercial
vessels under 300 gross tons. The drawbridge will continue to open at
all times for commercial vessels over 300 gross tons. The only change
to the regulation will be to extend the dates of the scheduled bridge
openings from the Friday before Memorial Day through the Tuesday after
Labor Day to March 16 through December 31 each year.
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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771. This regulatory action
determination is based on the expected improvement to traffic and all
modes of traffic using the drawbridge, and the proven improvement
realized by the previous change to the bridge schedule implemented in
the last rulemaking.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard 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 bridges 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
we coordinated with the marina operators and the local stakeholders and
incorporated their concerns into the proposed regulation.
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 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental
[[Page 38101]]
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 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 will 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.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this proposed 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.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website'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 revise 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.661 to read as follows:
Sec. 117.661 Duluth Ship Canal (Duluth-Superior Harbor).
The draw of the Duluth Ship Canal Aerial bridge, mile 0.25 at
Duluth, shall operate as follows:
(a) From 16 March through 31 December, 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 commercial vessels 300
gross tons or greater.
(b) 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: July 27, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-16669 Filed 8-2-18; 8:45 am]
BILLING CODE 9110-04-P
