Rule2023-22556
Drawbridge Operation Regulation; Cheboygan River at Cheboygan, 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
October 12, 2023
Effective
November 13, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is altering the operating schedule that governs the US 23 Highway Bridge, mile 0.92, across the Cheboygan River--Part of the Inland Route, at Cheboygan, Michigan. The Cheboygan County Road Commission requested we extend the winter advance notice for the bridge.
Full Text
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<title>Federal Register, Volume 88 Issue 196 (Thursday, October 12, 2023)</title>
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[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Rules and Regulations]
[Pages 70591-70593]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22556]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0113]
RIN 1625-AA09
Drawbridge Operation Regulation; Cheboygan River at Cheboygan, MI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is altering the operating schedule that
governs the US 23 Highway Bridge, mile 0.92, across the Cheboygan
River--Part of the Inland Route, at Cheboygan, Michigan. The Cheboygan
County Road Commission requested we extend the winter advance notice
for the bridge.
DATES: This rule is effective November 13, 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-2023-0113 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#733f16165d375d201c061f1633060010145d1e1a1f"><span class="__cf_email__" data-cfemail="87cbe2e2a9c3a9d4e8f2ebe2c7f2f4e4e0a9eaeeeb">[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
MDNR Michigan Department of Natural Resources
MDOT Michigan Department of Transportation
OMB Office of Management and Budget
LWD Low Water Datum based on IGLD85
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On April 5, 2023, the Coast Guard published an NPRM titled
Drawbridge Operation Regulation; Cheboygan River at Cheboygan, MI in
the Federal Register (88 FR 20082) and posted it on <a href="http://Regulations.gov">Regulations.gov</a> for
60-days to seek your comments on whether the Coast Guard should
consider modifying the current operating schedule to the US 23
[[Page 70592]]
Highway Bridge, mile 0.92, across the Cheboygan River--Part of the
Inland Route. No comments were received during the NPRM.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Cheboygan County Road Commission requested we extend the winter
advance notice for the bridge due to ice coverage which continues
beyond the period requiring advance notice as set forth in the prior
rule.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 60 days and no
comments were received.
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.
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 received no 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.
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.
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 DHS Delegation No.
00170.1, Revision No. 01.3.
0
2. Revise Sec. 117.627 to read as follows:
Sec. 117.627 Cheboygan River
The draw of the US 23 highway bridge, mile 0.9 at Cheboygan shall
operate as follows:
(a) From May 1 through November 31--
(1) Between the hours of 7 a.m. and 11 p.m., the draw need only
open from three minutes before to three minutes after the quarter-hour
and three-quarter hour.
(2) Between the hours of 11 p.m. and 7 a.m., no drawtender is
required to be at the bridge and the bridge need not open unless a
request to open the draw
[[Page 70593]]
is given at least 2-hours in advance of a vessels intended time of
passage through the draw.
(b) From December 1 through April 31, no drawtender is required to
be at the bridge and the bridge need not open unless a request to open
the draw is given at least 12-hours in advance of a vessels intended
time of passage through the draw.
(c) At all times, the draw shall open as soon as possible for the
passage of vessels if carrying public safety or public utility vehicles
and persons to or from the island.
(d) The owner of the bridge shall provide and keep in good legible
condition two board gauges painted white with black figures not less
than six inches high to indicate the vertical clearance under the
closed draw at all water levels. The gauges shall be placed on the
bridge so that they are plainly visible to operators of vessels
approaching the bridge either up or downstream.
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-22556 Filed 10-11-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on October 12, 2023.
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