Drawbridge operations: Michigan,

[Federal Register: December 3, 1999 (Volume 64, Number 232)]

[Rules and Regulations]

[Page 67773-67774]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03de99-24]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-99-082]

RIN-2115-AE47

Drawbridge Operation Regulations; Keweenaw Waterway, MI

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: Commander, Ninth Coast Guard District is temporarily changing the regulations governing the U.S. Route 41 (Houghton-Hancock) lift bridge, mile 16.0 over Keweenaw Waterway in Houghton, Michigan. The bridge need not open for vessel traffic and will remain in the closed- to-navigation position from January 1, 2000, until April 25, 2000. This temporary rule is necessary due to major rehabilitation and the need to immobilize the bridge in the closed position for this project.

DATES: This temporary rule is effective from 12:01 a.m. on January 1, 2000, to 11:59 p.m. on April 25, 2000.

ADDRESSES: Documents concerning this temporary rule are available for inspection and copying at 1240 East Ninth Street, Room 2019, Cleveland,

[[Page 67774]]

OH, 44199-2060 between 6:30 a.m. and 3 p.m., Monday through Friday, except Federal holidays. The telephone number is (216) 902-6084.

FOR FURTHER INFORMATION CONTACT: Mr. Scot Striffler, Project Manager, Ninth Coast Guard District Bridge Branch, at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

Discussion of Temporary Rule

The owner of the bridge, Michigan Department of Transportation (M- DOT), requested the Coast Guard approval of full closure of the bridge to complete deck replacement work and maintenance to the operating machinery. The regulations governing the operation of the bridge require it to open with 24 hours advance notice from mariners between January 1 and March 15 each year. M-DOT requested that the bridge not be required to open at all during this time, as well as a continuation of this status until April 25, 2000. Bridge logs submitted by M-DOT indicated 12 openings in the month of April in 1999, all by non- commercial vessels, with most of them occurring after April 14, 1999. A National Park Service vessel that operates between Houghton and Isle Royale Park required 3 of the openings in April 1999. The Park Service was contacted to provide input on the requested closure time and expressed no objections.

The closure dates of January 1 until April 25, 2000, were determined by Commander Ninth Coast Guard District to be appropriate in keeping the planned maintenance from interrupting the operations of the bridge during the traditional boating season in the waterway. Requests for openings by recreational boaters do not normally begin until approximately June 1 each year.

This temporary rule is being promulgated without a notice of proposed rulemaking. Under 5 U.S.C. 553(b)(3)(B) the Coast Guard finds that good cause exists for not publishing an NPRM. The factors underlying this finding include the extensive input already received from affected mariners, limited vessel activity during the authorized closure period due to severe weather and ice, and the need to perform the work necessary to maintain the bridge in a safe and operable condition during regular operating times.

Regulatory Evaluation

This temporary rule is not a significant regulatory action under section 3(f) of Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that order. The Office of Management and Budget has not reviewed this rule under that order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979).

The Coast Guard expects the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. There have been no bridge openings for commercial vessels in previous years during the authorized closure period.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard must consider whether this temporary rule will have a significant impact on a substantial number of small entities. ``Small entities'' may include small businesses and 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.

Marine activity in the waterway is virtually non-existent during the authorized closure period due to extreme weather and ice. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this temporary rule will not have a significant economic impact on a substantial number of small entities.

Collection of Information

This temporary rule does not provide for a collection-of- information requirement under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this temporary rule under the principles and criteria contained in Executive Order 13132 and has determined that this temporary rule does not have federalism implications under that Order.

Environment

The Coast Guard considered the environmental impact of this temporary rule and concluded that, under figure 2-1, paragraph 32(e) of Commandant Instruction M16475.lC, this temporary rule is categorically excluded from further environmental documentation. A ``Categorical Exclusion Determination'' is available in the docket for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For the reasons set out in the preamble, the Coast Guard temporarily amends Part 117 of Title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039.

2. Effective from 12:01 a.m., January 1, 2000, to 11:59 p.m., April 25, 2000, Sec. 117.635 is suspended and a new Sec. 117.T636 is added to read as follows:

   Sec. 117.T636 Keweenaw Waterway.

   The draw of the U.S. 41 bridge, mile 16.0 over the Keweenaw Waterway in Houghton, Michigan, need not open for the passage of vessels and may be maintained in the closed-to-navigation position.

   Dated: November 9, 1999. James D. Hull, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.

   [FR Doc. 99-31439Filed12-2-99; 8:45 am]

   BILLING CODE 4910-15-U