Proposed Rule2023-07647
Drawbridge Operation Regulation; Keweenaw Waterway, Between Houghton and Hancock, MI
Primary source
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Published
April 12, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to change 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, who owns and operates the bridge, has requested a change to the drawbridge operation schedule to help facilitate the movement of all modes of transportation at the bridge. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 70 (Wednesday, April 12, 2023)</title>
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[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Proposed Rules]
[Pages 21940-21944]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07647]
[[Page 21940]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0237]
RIN 1625-AA09
Drawbridge Operation Regulation; Keweenaw Waterway, Between
Houghton and Hancock, MI
AGENCY: Coast Guard, DHS.
ACTION: Notification of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change 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, who owns and operates the bridge, has requested a
change to the drawbridge operation schedule to help facilitate the
movement of all modes of transportation at the bridge. We invite your
comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before June 12, 2023.
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#3a765f5f147e1469554f565f7a4f49595d14575356"><span class="__cf_email__" data-cfemail="8fc3eaeaa1cba1dce0fae3eacffafcece8a1e2e6e3">[email protected]</span></a>.
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
MDOT Michigan Department of Transportation
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The US41 Bridge, mile 16.0, over the Keweenaw Waterway between the
towns of Houghton and Hancock, Michigan, is owned and operated by MDOT
and is the only crossing over the waterway. The US41 Bridge, mile 16.0,
over the Keweenaw Waterway 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 position, and 35-feet in the
intermediate position above LWD.
The Keweenaw Waterway divides the Keweenaw Peninsula and is 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 and create a harbor of safe refuge for
vessels caught in bad weather and is located 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, mile 16.0, over the Keweenaw
Waterway 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.
The bridge has special operating conditions listed in 33 CFR
117.635 that requires the bridge to open on signal; except that from
April 15 through December 14, between midnight and 4 a.m., the draw
shall be placed in the intermediate position and open on signal if at
least 2 hours' notice is given. From December 15 through April 14 the
draw shall open on signal if at least 12 hours' notice is given.
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. 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 not been considered.
III. Discussion of Proposed Rule
The MDOT requested three ``rush hour restrictions for openings at
the bridge to ease the traffic congestion at the crossing. During the
test deviation we gathered data and proved there was not three rush
hours at the bridge but rather a gradual increase throughout the day in
the number of vehicles crossing the bridge. From there we developed a
test deviation to gather data throughout the summer and developed the
proposed rule.
On November 1, 2022, we published in the Federal Register (87 FR
30418) a Notice of temporary deviation from regulations with a request
for comments. The commenting period was open from May 1, 2022, through
November 1, 2022, to give everyone ample time to observe the test
deviation and comment. The State of Michigan's Department of
Transportation gathered data throughout the test deviation, and we will
present that data later in this document.
The test deviation and how the public could comment was shared in
the local online newspapers, television, and radio stations. The Coast
Guard informally reached out to local government and local marine users
before the test deviation was started to see what the perceived issues
were at the bridge and how scheduled openings could help alleviate the
disparities between vehicle crossings and vessel traffic.
The Coast Guard advertised the test deviation in the Local Notice
to Mariners and a Broadcast Notice to Mariners that was also released.
The Ninth Coast Guard Bridge Office also included the test deviation in
its weekly bridge email that is shared with approximately 350 waterway
users.
The Michigan Department of Transportation provided vehicle crossing
data during the test deviation to discover if there were peak traffic
hours often referred to as rush hours at this crossing. The following
chart shows the vehicle data collected.
BILLING CODE 9110-04-P
[[Page 21941]]
[GRAPHIC] [TIFF OMITTED] TP12AP23.026
There is a traffic spike on June 15 and June 16 associated with a
festival celebrating the bridge. Otherwise the data proves the delays
at the bridge are not commensurate with traditional rush hour times and
limiting bridge openings to three times a day would not help elevate
congestion at the bridge. The bridge experiences a steady flow of
traffic from 7 a.m. to 7 p.m.
[GRAPHIC] [TIFF OMITTED] TP12AP23.027
Local politicians and law enforcement departments insisted that
there are three definite rush hours at the bridge and limiting openings
during those times would successfully improve the flow of traffic;
however, the data provided does not support the theory of three
distinct rush hours at the bridge. Based on the data above provided by
the MDOT the flow of traffic increases from 6 a.m. to 4 p.m. and then
it reduces without any significant spikes typical in a rush hour.
[[Page 21942]]
[GRAPHIC] [TIFF OMITTED] TP12AP23.028
We analyzed the data from the test deviation using the drawtender
logs to determine what class of vessel requested the most openings.
Recreational vessels request openings 55 times between the hours of 7
a.m. and 7 p.m. and the Passenger vessel Ranger III requested 43
openings during the same times.
During the test deviation between 7 a.m. and 7 p.m., Monday through
Friday, less federal holidays, vessels 300 feet and smaller were
required to wait for an opening on the hour or half-hour. This limited
bridge openings to a 20-minute period every hour allowing vehicles to
cross the bridge during the other 40-minutes. The test deviation proved
that the reasonable needs of navigation can still be met at the bridge
with scheduled openings.
We invited the public to comment on this test deviation and we
received three comments. Two commentors provided an analysis based on
their personal preference without providing any supportive data. The
third comment was from the National Parks Service--Isle Royale National
Park.
The National Parks Service stated the test deviation did not
provide any opportunity for stakeholder input prior to its
implementation. However, in fact, the Coast Guard reached out directly
to the park and the Passenger Vessel Ranger III when we reached out to
local stake holders prior to developing a test schedule. With the
assistance of the MDOT and local Coast Guard Units we received comments
from the city of Houghton and Hancock, the Upper Peninsula Health Care
Group, the Houghton County Board of Commissioners, the Aspirus Keweenaw
Hospital, the Houghton County Sheriff Office, and the Michigan
Department of State Police Calumet Post. Additionally, the local news
outlets ran stories and interviews that the Coast Guard was considering
a schedule that would help balance both land and waterway modes of
travel at this crossing. Prior to the test deviation going into effect
several news outlets published the test deviation to the public.
National Parks Service--Isle Royale National Park also commented
that the temporary deviation negatively impacted their passenger
vessel, the Ranger III, by adding expense to their services and claimed
a significant inconvenience to passengers without providing any data on
how delaying their arrival or departures by 10 or 15 minutes would
adversely affect their services.
[[Page 21943]]
[GRAPHIC] [TIFF OMITTED] TP12AP23.029
BILLING CODE 9110-04-C
Almost 50% of the requested openings were from the Ranger III. The
Ranger III is not the only issue delaying vehicular traffic, but it is
a significant factor to consider if scheduled openings are needed at
this location. Awarding the Ranger III clemency to the proposed bridge
schedule would fail to balance the transportation needs at the bridge
and would eliminate the need for scheduled bridge openings.
Commercial vessels over 300 feet and government vessels normally
enter the waterway to service the aids to navigation and stock rock
salt for the community. Large commercial vessels holding position in
the canal along with recreational vessels is dangerous due to their
size and limited maneuverability and will be passed through the draw of
the bridge as soon as possible.
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.
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. 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).
This regulatory action determination is based on the ability that
vessels can still transit the bridge twice an hour.
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.
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
section. 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 Governments
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
[[Page 21944]]
in the FOR FURTHER INFORMATION CONTACT section.
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 rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are 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.
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 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 proposed 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. 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 of any
posting or updates to the docket.
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).
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; and DHS Delegation No.
0170.1, Revision No. 01.3.
0
2. Revise Sec. 117.635 to read as follows:
Sec. 117.635 Keweenaw Waterway
The draw of the U.S. 41 Bridge, mile 16, shall open on signal,
except that:
(a) From April 15 through December 14, between the hours of 7 a.m.
and 7 p.m. Monday through Friday, less Federal Holidays, the bridge
shall open on signal from five minutes before to five minutes after the
hour and half hour for vessels. Documented vessels over 300-feet shall
not be held at the bridge but will be passed as soon as possible.
(b) From April 15 through December 14 between midnight and 4 a.m.
daily, the draw shall be placed in the intermediate position and open
on signal if at least 2 hours' notice is given.
(c) From December 15 through April 14 the draw shall open on signal
if at least 12 hours' notice is given.
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-07647 Filed 4-11-23; 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.