Drawbridge Operation Regulation; Keweenaw Waterway, Between Houghton and Hancock, MI
| Court | Coast Guard |
| Citation | 88 FR 59799 |
| Published date | 30 August 2023 |
| Record Number | 2023-18739 |
| Section | Rules and Regulations |
59799
Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations
Dated: August 24, 2023.
Richard P. Armstrong,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. 2023–18713 Filed 8–29–23; 8:45 am]
BILLING CODE 9110–04–P
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 https://
www.regulations.gov. 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 Lee.D.Soule@uscg.mil.
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)
§ 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
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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations
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
■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.
■2. Revise § 117.635 Keweenaw
Waterway to read as follows:
§ 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
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0639]
RIN 1625–AA00
Safety Zone; Grosse Pointe Farms
Fireworks, Lake St. Clair, Grosse
Pointe Farms, MI
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone for
certain navigable waters within Lake St.
Clair in Grosse Pointe Farms, MI. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
during a fireworks event. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Detroit.
DATES
: This rule is effective from 9:30
p.m. through 10:30 p.m. on September
2, 2023, and in the case of inclement
weather from 9:30 p.m. through 10:30
p.m. on September 3, 2023.
ADDRESSES
: To view documents
mentioned in this preamble as being
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