Rule2022-10564
Drawbridge Operation Regulation; Keweenaw Waterway, Between Houghton and Hancock, MI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 19, 2022
Effective
May 26, 2022
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard has issued a temporary deviation from the operating schedule that governs the US41 Bridge, mile 16.0, over the Keweenaw Waterway between the towns of Houghton and Hancock, Michigan. The Michigan Department of Transportation (MDOT), who owns and operates the bridge, has requested a deviation that will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. The Coast Guard is seeking comments from the public regarding these proposed changes.
Full Text
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<title>Federal Register, Volume 87 Issue 97 (Thursday, May 19, 2022)</title>
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[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Rules and Regulations]
[Pages 30418-30420]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10564]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0237]
Drawbridge Operation Regulation; Keweenaw Waterway, Between
Houghton and Hancock, MI
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations; request for
comments.
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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the US41 Bridge, mile 16.0, over the
Keweenaw Waterway between the towns of Houghton and Hancock, Michigan.
The Michigan Department of Transportation (MDOT), who owns and operates
the bridge, has requested a deviation that will test a change to the
drawbridge operation schedule to determine whether a permanent change
to the schedule is needed. The Coast Guard is seeking comments from the
public regarding these proposed changes.
DATES: This deviation is effective from 7 a.m. on May 26, 2022 through
7 p.m. on September 6, 2022. Comments and related material must reach
the Coast Guard on or before November 1, 2022.
ADDRESSES: You may submit comments identified by docket number USCG-
2022-0237 using Federal Decision Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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
<a href="/cdn-cgi/l/email-protection#ace0c9c982e882ffc3d9c0c9ecd9dfcfcb82c1c5c0"><span class="__cf_email__" data-cfemail="82cee7e7acc6acd1edf7eee7c2f7f1e1e5acefebee">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background, Purpose and Legal Basis
The US41 Bridge, mile 16.0, over the Keweenaw Waterway (the bridge)
between the towns of Houghton and Hancock, Michigan, is owned and
operated by MDOT and is the only crossing over the waterway. The bridge
is a combination highway and railroad double deck lift bridge that
provides a horizontal clearance of 7-feet in the down position, 103-
feet in the open positon, and 35-feet in the intermediate position
above low water datum (LWD) based on International Great Lakes Datum of
1985 (IGLD85).
The Keweenaw Waterway divides the Keweenaw Peninsula and is located
in the middle of the south shore of Lake Superior, a Great Lake known
for hazardous weather conditions. The federal government improved the
Keweenaw Waterway in 1861 to accommodate interstate commerce; the
Keweenaw Waterway acts as a harbor of safe refuge for vessels caught in
bad weather and is the halfway between Duluth, Minnesota and Sault Ste.
Marie, Michigan. Commercial vessels, including some over 700-feet in
length, and powered and non-powered recreational vessels utilize the
waterway. The passenger vessel RANGER III operates from the east side
of the US41 Bridge to Isle Royal and is operated by the National Park
Service with a capacity of 128-passengers. A U.S. Coast Guard Station
is located at the far west end of the waterway.
MDOT has requested a new operating schedule to relieve commuter and
commercial vehicle traffic congestion at the bridge on weekdays; the
new schedule will not apply to federal holidays that fall on weekdays.
Traffic data impacted by COVID-19 restrictions would not provide the
public with an accurate assessment of the traffic conditions at the
bridge and have intentionally have not been considered. The following
data from the 2017 through 2019 drawtender logs and traffic data from
July 9 through July 15, 2019 was provided by MDOT. We have received a
request to consider restricting the bridge openings at this location at
least twice a year since 2016. The comments and data received during
this test deviation will prove or disprove the need for restricted
openings.
MDOT provided vehicle-crossing data for a five-day workweek and we
discovered from 7 a.m. to 7 p.m. the traffic at the bridge steadily
increases then decreases without definitive spikes at morning, noon,
and evening, as shown in the below graph.
BILLING CODE 9110-04-P
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We have placed a color copy of this graph and the three graphs that
follow in the docket. See instructions in Section II for viewing items
in the docket.
MDOT provided drawtender logs for three years: 2017, 2018, and 2019
to show average opening requests and boating trends.
[GRAPHIC] [TIFF OMITTED] TR19MY22.016
[GRAPHIC] [TIFF OMITTED] TR19MY22.017
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[GRAPHIC] [TIFF OMITTED] TR19MY22.018
BILLING CODE 9110-04-C
The temporary deviation is necessary to gather data on a possible
permanent solution:
From 7 a.m. on May 26, 2022 through 7 p.m. on September 6, 2022 the
US41 Bridge, mile 16.0, over the Kewanee Waterway, shall open on
signal: Except that from 7 a.m. to 7 p.m. Monday through Friday, less
federal holidays, the draw only need to be opened on the the hour and
half-hour for any vessel. Between midnight and 4 a.m. the draw shall be
placed in the intermediate position and opened if a 2-hour advance
notice is given. The bridge shall be opened on signal to pass any
vessel over 300 feet in length or at any time 5 or more vessels gather
at the bridge requesting an opening. All other provisions of 33 CFR
117.635 shall remain in effect.
The Coast Guard will also inform the users of the waterways through
our Local Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessel operators can arrange their
transits to minimize any impact caused by the temporary deviation.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.
II. 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 Decision
Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-2022-0237 in the search box and click
``Search.'' Next, look for this document in the Search Results column,
and click on it. Then click on the Comment option. If your material
cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the
person in the FOR FURTHER INFORMATION CONTACT section of this document
for alternate instructions.
To view documents mentioned in this rule as being available in the
docket, find the docket as described in the previous paragraph, and
then select ``Supporting & Related Material'' in the Document Type
column. Public comments will also be placed in our online docket and
can be viewed by following instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page. We review all
comments received, but we will only post comments that address the
topic of the proposed rule. We may choose not to post off-topic,
inappropriate, or duplicate comments that we receive.
We accept anonymous comments. Comments we post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2022-10564 Filed 5-18-22; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.