Rule2023-18739
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
August 30, 2023
Effective
September 29, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is altering the operating schedule that governs the US41 Bridge, mile 16.0, over the Keweenaw Waterway between the towns of Houghton and Hancock, Michigan. This change is being made at the request of the Michigan Department of Transportation, who owns and operates this bridge.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59799-59800]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18739]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is altering the operating schedule that
governs the US41 Bridge, mile 16.0, over the Keweenaw Waterway between
the towns of Houghton and Hancock, Michigan. This change is being made
at the request of the Michigan Department of Transportation, who owns
and operates this bridge.
DATES: This rule is effective September 29, 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-2022-0237 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 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#80cce5e5aec4aed3eff5ece5c0f5f3e3e7aeede9ec"><span class="__cf_email__" data-cfemail="521e37377c167c013d273e3712272131357c3f3b3e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations [Delete/Add Any Abbreviations Not Used/Used
in This Document]
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 Information and Regulatory History
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.
On May 19, 2022, we published in the Federal Register (87 FR 30418)
a notice of temporary deviation from regulations; request for comments
to test a change to the drawbridge operation schedule to determine
whether a permanent change to the schedule was needed. The Coast Guard
sought comments from the public regarding the proposed changes. This
deviation was effective from 7 a.m. on May 26, 2022, through 7 p.m. on
September 6, 2022. Comments and related material had to reach the Coast
Guard on or before November 1, 2022. In this document we provided data
of three years of drawtender logs and average daily vehicle crossings
provided by MDOT.
On April 12, 2023, we published in the Federal Register (88 FR
21940) a notice of proposed rulemaking proposing a permanent change to
the bridge's operating schedule. Comments and related material were
required to be received by the Coast Guard on or before June 12, 2023.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Michigan Department of Transportation, who owns and operates
the bridge, requested a change to the drawbridge operation schedule to
help facilitate all modes of transportation at the bridge.
IV. Discussion of Comments
We received only two comments on the proposed rule and one was a
duplication of the other. The commenter was in full support of the rule
and no changes have been made as a result.
Ben Larson, Houghton County Administrator, on behalf of the
residents, looked forward to the approval of the new regulation
becoming.
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 given advanced notice or that the
scheduled openings will provide for the reasonable needs of navigation.
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
[[Page 59800]]
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.
We did not receive any comments regarding Indian tribes.
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. We did not receive any comments regarding the
Unfunded Mandates Reform Act of 1995.
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:
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 Department of
Homeland Security Delegation No. 00170.1. Revision No. 01.3.
0
2. Revise Sec. 117.635 Keweenaw Waterway to read as follows:
Sec. 117.635 Keweenaw Waterway.
(a) The draw of the U.S. 41 Bridge, mile 16, shall open on signal,
except that:
(1) 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.
(2) 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.
(3) From December 15 through April 14 the draw shall open on signal
if at least 12 hours' notice is given.
(b) [Reserved]
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-18739 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 30, 2023.
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.