[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Rules and Regulations]
[Pages 67773-67774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31439]


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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.

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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. 99-31439 Filed 12-2-99; 8:45 am]
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