[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Rules and Regulations]
[Pages 59123-59124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28513]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD09-99-077]
RIN-2115-AE47
Drawbridge Operation Regulations; Duluth Ship Canal (Duluth-
Superior Harbor), MN
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Commander, Ninth Coast Guard District is temporarily changing
the regulations governing the Duluth Aerial Lift Bridge over Duluth
Ship Canal in Duluth, MN. The bridge need not open for vessel traffic
and will remain in the closed-to-navigation position from December 15,
1999, until March 20, 2000. This temporary rule has been authorized due
to major rehabilitation and the need to immobilize the bridge for this
project.
DATES: This temporary rule is effective from 12:01 a.m. on December 15,
1999, to 11:59 p.m. on March 20, 2000.
ADDRESSES: Documents concerning this temporary rule are available for
inspection and copying at 1240 East Ninth Street, Room 2019, Cleveland,
OH, 44199-2060 between 6:30 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (216) 902-6084.
FOR FURTHER INFORMATION CONTACT: Mr. Scot Striffler, Project Manager,
Ninth Coast Guard District Bridge Branch, at (216) 902-6084.
SUPPLEMENTARY INFORMATION:
Discussion of Temporary Rule
On January 21, 1999, the City of Duluth, MN, requested the Coast
Guard approve a time period when the Duluth Aerial lift bridge would
not be required to open for vessel traffic in order to complete a major
rehabilitation of the operating machinery and deck replacement. A 16-
week closure was originally requested by the City.
Commander, Ninth Coast Guard District, solicited the input of
commercial vessel operators and Coast Guard engineers and determined
that the project could be completed within 13 and one-half weeks
without imposing unreasonable restrictions on navigation, while still
providing the necessary time to complete the rehabilitation work.
(Between January 1 and March 15 each year, the bridge is required to
open for vessels if at least 24 hours advance notice is provided.) The
Coast Guard authorized the bridge to remain in the closed-to-navigation
position from 12:01 a.m. on December 15, 1999 until 11:59 p.m. on March
20, 2000.
The closure dates were based on the traditional times of the least
commercial shipping activity in Duluth Harbor. There is no recreational
or small entity vessel traffic during this period due to heavy ice in
the west end of Lake Superior and Duluth/Superior Harbor. The Coast
Guard also considered the fact that an alternate access to the harbor
is available through the federal channel in Superior, WI.
This temporary rule is being promulgated without a notice of
proposed rulemaking. Under 5 U.S.C. 553(b)(B), the Coast Guard finds
that good cause exists for not publishing an NPRM. Due to the extensive
input by commercial marine interests, limited vessel activity during a
majority of the closure period due to severe weather and ice, the need
to perform the work necessary to maintain the bridge in a safe and
operable condition during regular operating times, and the availability
of access to the harbor through Superior Harbor Entry, notice and
comment on this temporary final rule are unnecessary.
Regulatory Evaluation
This temporary rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has not been reviewed by the Office of Management and
Budget under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary. Access
to the harbor will be available through another maintained waterway in
close proximity to the bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this temporary rule will have a
significant impact on a substantial number of small entities. ``Small
entities'' may include small businesses and 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.
Marine activity in the harbor is virtually non-existent during a
majority of the authorized closure period due to extreme weather and
ice. Only larger vessels, or specially designed vessels, are capable of
transiting the harbor in heavy ice.
Therefore, the Coast Guard certifies under 5 U.S.C 605(b) that this
temporary rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This temporary rule does not provide for a collection-of-
information requirement under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
Federalism
The Coast Guard has analyzed this temporary rule under the
principles and criteria contained in Executive Order 12612, and has
determined that this temporary rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
temporary rule and concluded that, under figure 2-1, paragraph 32(e) of
Commandant Instruction M16475.lC, this temporary rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
[[Page 59124]]
List of Subjects in 33 CFR Part 117
Bridges.
For reasons set out in the preamble, the Coast Guard temporarily
amends Part 117 of Title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Effective from 12:01 a.m., December 15, 1999, to 11:59 p.m.,
March 20, 2000, Sec. 117.661 is suspended and a new Sec. 117.T662 is
added to read as follows:
Sec. 117.T662 Duluth Ship Canal (Duluth-Superior Harbor).
The draw of the Duluth Aerial Lift Bridge, mile 0.1 over the Duluth
Ship Canal in Duluth, MN, need not open for the passage of vessels and
may be maintained in the closed-to-navigation position.
Dated: October 18, 1999.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 99-28513 Filed 11-1-99; 8:45 am]
BILLING CODE 4910-15-P
