Rule2023-09574
Drawbridge Operation Regulation; Trail Creek, Michigan City, IN
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 5, 2023
Effective
June 5, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is modifying the operating schedule that governs the Amtrak Railroad Bridge, mil 0.9, across Trail Creek, in Michigan City, Indiana, to allow it to operate remotely. The bridge has operated remotely since 2003 without inclusion in the CFR. During that period, the Coast Guard has not received any reports of incident or public complaint.
Full Text
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<title>Federal Register, Volume 88 Issue 87 (Friday, May 5, 2023)</title>
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[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Rules and Regulations]
[Pages 28989-28991]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09574]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2022-0303]
RIN 1625-AA09
Drawbridge Operation Regulation; Trail Creek, Michigan City, IN
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Amtrak Railroad Bridge, mil 0.9, across Trail Creek, in
Michigan City, Indiana, to allow it to operate remotely. The bridge has
operated remotely since 2003 without inclusion in the CFR. During that
period, the Coast Guard has not received any reports of incident or
public complaint.
DATES: This rule is effective June 5, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number (USCG-2022-0303) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
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#034f66662d472d506c766f6643767060642d6e6a6f"><span class="__cf_email__" data-cfemail="8ec2ebeba0caa0dde1fbe2ebcefbfdede9a0e3e7e2">[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
Left As viewed from the mouth of the river
LWD Low Water Datum Based on IGLD85 NPRM Notice of Proposed
Rulemaking
OMB Office of Management and Budget
Right As viewed from the mouth of the river
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 25, 2022, the Coast Guard published a NPRM entitled
``Drawbridge Operation Regulation: Trail Creek, Michigan City, IN'' in
the Federal Register (87 FR 31794). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this regulatory change. During the comment period that ended on July
25, 2022, we received one comment unrelated to this rulemaking.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Amtrak Railroad Bridge, mile 0.9, over Trail Creek, in Michigan
City, Indiana, was authorized to operate remotely by letter during the
United States Coast Guard's transition from the Department of
Transportation to the Department of Homeland Security. Inclusion of the
Amtrak Railroad Bridge, mile 0.9, into the regulations was overlooked
and this proposed rule will correct that oversight. Further, the Coast
Guard was able to use the rulemaking process as a means to provide the
public
[[Page 28990]]
the opportunity to comment on the bridge operations.
Trail Creek is 7.3 miles long and used by small powered and
unpowered recreational vessels, commercial passenger vessels, and
fishing vessels. Freighters have not utilized the waterway for several
years. The Amtrak Railroad Bridge, mile 0.9, over Trail Creek is a
swing railroad bridge and provides a horizontal clearance of 41 feet in
the right draw and 44 feet in the left draw and a vertical clearance of
7 feet above LWD in the closed position and an unlimited vertical
clearance in the open position. Each day during the summer,
approximately 35 recreational and commercial fishing vessels transit
the Amtrak Railroad Bridge, mile 0.9; most of the 35 vessels make daily
roundtrips, transiting the bridge two times each day.
IV. Discussion of Comments, Changes, and the Final Rule
We did not receive any comments concerning the proposed regulatory
language from the NPRM so the proposed language will be published in
this FR without change.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it 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 without change to the operating
schedule of the bridge. The remote operations equipment acts as if a
drawtender is present with the ability to receive all signals.
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 did not receive any comments from the Small
Business Administration on this rule.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
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 V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls 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 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 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.
During the NPRM comment period, we did not receive any comments
concerning this bridge and we do not intend to make changes from the
proposed language to the final rulemaking.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. During the NPRM comment period that lasted 60-days we
did not receive any comments.
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 rule promulgates the operating
regulations or procedures for drawbridges and is 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.
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:
[[Page 28991]]
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. 00170.1, Revision No. 01.3.
0
2. In Sec. 117.401 Trail Creek, revise paragraph (b) to read as
follows:
Sec. 117.401 Trail Creek.
* * * * *
(b) The draw of the Amtrak Railroad Bridge, mile 0.9, at Michigan
City shall open on signal, except from December 1 through March 15 the
draw shall open if at least 12-hours advance notice is given. The
bridge is authorized to be operated remotely. The bridge shall operate
and maintain a VHF-FM Marine Radio.
* * * * *
Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2023-09574 Filed 5-4-23; 8:45 am]
BILLING CODE 9110-04-P
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