[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Rules and Regulations]
[Pages 11332-11334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4591]
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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: Final rule.
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SUMMARY: The Coast Guard is establishing a drawbridge opening schedule
for the Duluth Aerial Lift Bridge for vessels under 300 gross tons.
Scheduled drawbridge openings will improve traffic congestion in the
area and enhance safety for all modes of transportation.
DATES: This rule is effective April 1, 2011.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2010-1030 and are available online by
going to http://www.regulations.gov, inserting USCG-2010-1030 in the
``Keyword'' box, and then clicking ``Search.'' This material is also
available for inspection or copying at the 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,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Mr. Lee Soule, Bridge Management Specialist, Ninth Coast
Guard District; telephone (216) 902-6085, e-mail [email protected].
If you have questions on viewing material in the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
Commander, Ninth Coast Guard District, published a temporary
deviation from these regulations, with request for comments, on April
22, 2010, in the Federal Register (75 FR 20918). The temporary
deviation was used to test a new bridge schedule during the 2010
navigation and tourist season. On December 8, 2010, we published a
notice of proposed rulemaking (NPRM) entitled Drawbridge Operation
Regulation; Duluth Ship Canal, Duluth-Superior Harbor, MN. in the
Federal Register (75 FR 76324). We received two comments in response to
the proposed rule. No public meeting was requested, and none was held.
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 both large
and smaller commercial vessels, as well as both power and sail
recreational vessels. Pursuant to 33 CFR 117.8 various entities in
Duluth requested scheduled openings instead of opening on signal. The
requesting entities included the City of Duluth, the Duluth Fire
Department-Emergency Management, the Duluth Police Department, the Park
Point Community Association, and the 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.
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 on
signal 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. 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. 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 between the hours of 7 a.m. and 9 p.m. The data
below collected by the City of Duluth illustrates support for the times
and dates:
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May June July Aug Sep Oct
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TOTAL VESSELS UNDER 300 GROSS TONS
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2009 383 1287 2015 1974 1331 212
2010 528 1066 2088 1430 1016 380
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TOTAL BRIDGE OPENINGS
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2009 320 841 1097 1184 800 350
2010 300 576 860 630 752 429
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[[Page 11333]]
TOTAL VEHICLES (BOTH DIRECTIONS)
(Vehicular counts were not collected in 2009)
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2010 102,564 210,539 266,000 230,668 160,591 163,110
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6 a.m.-7 a.m. 7 a.m.-8 a.m.
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TOTAL AVERAGE VEHICLES FOR EACH HOUR
June........................................................ 68.20 97.53
July........................................................ 58.77 87.80
August...................................................... 50.04 84.09
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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, as well as passage thru the Aerial Bridge
during unscheduled openings for commercial vessels. This rule will
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
final rule also adjusts the current required advance notice requirement
for vessels from 24-hours to 12-hours vessels between January 1 and
March 15.
Discussion of Comments and Changes
The Coast Guard received two comments regarding the NPRM, one that
was successfully received by the Docket Management Facility, and the
second by direct email. Both comments were from private citizens. The
first comment cited that members of the Park Point Community
Association were invited to the stakeholder meeting on October 20, 2010
described in the NPRM, however no representative from Park Point
Community Association attended, that there was no provision in the
proposed rule providing priority for emergency vehicles to cross the
bridge, and that the proposed schedule should be extended to twelve
months instead of providing only for the peak tourist season.
The October 20, 2010 stakeholders meeting was attended by a Duluth
City Councilwoman, who stated at the meeting she was representing Park
Point residents. Additionally, all Park Point residents had the
opportunity to provide comments during the test deviation as well as
during the comment period for the NPRM. Regarding priority for
emergency vehicles, 33 CFR 117.31(a) states that upon receiving
notification that an emergency vehicle is responding to an emergency
situation, a drawtender must make all reasonable efforts to have the
drawspan closed at the time the emergency vehicle arrives.
As described in the Basis and Purpose section above, all data, and
all other comments, indicate that the dates and times in this final
rule are the appropriate dates and times for scheduled drawbridge
openings, and not throughout the whole year.
The second comment, received by direct email, was from a local
recreational vessel operator. The comment stated no general objection
to the schedule, but he also stated the schedule did not appear to
improve general vehicular and pedestrian traffic congestion. All other
accounts of the scheduled openings indicate that the schedule has
helped reduce traffic congestion and improved safety for all modes of
transportation.
The Coast Guard decided not to make any changes to the proposed
rule.
Regulatory Analyses
We developed this 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 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. The rule will establish permanent
scheduled openings and revise the advance notice time during winter
seasons from twenty-four hours to twelve hours. The scheduled bridge
openings are expected to improve vehicular traffic congestion and
safety near the bridge while still providing for reasonable openings
for vessel traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule
would not have a significant economic impact on a substantial number of
small entities. This rule continues to provide at least two drawbridge
openings per hour between 7:00 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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Collection of Information
This 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
[[Page 11334]]
this 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 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 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 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 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 rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, and Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that this action is one of a category of actions which
do not individually or cumulatively have a significant effect on the
human environment. This rule is categorically excluded 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.661 to read as 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
commercial 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: February 7, 2011.
M.N. Parks,
Rear Admiral, U. S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2011-4591 Filed 3-1-11; 8:45 am]
BILLING CODE 9110-04-P