[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Proposed Rules]
[Pages 48369-48371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17544]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0582
RIN 1625-AA09


Drawbridge Operation Regulation; Keweenaw Waterway, Houghton and 
Hancock, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the US41 bridge, mile 16.0 over the Keweenaw Waterway between 
the towns of Houghton and Hancock, Michigan. The Michigan Department of 
Transportation (MDOT) has requested a review of the current operating 
schedule of the drawbridge due to a lack of openings during the early 
morning hours. They have also requested to expand and modify the 
current winter operating schedule.

DATES: Comments and related material must reach the Coast Guard on or 
before August 24, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0582 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist, 
U.S. Coast Guard; telephone 216-650-5408, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
MDOT Michigan Department of Transportation
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    MDOT has requested to change the operating schedule of the US41 
bridge at mile 16.0. The US41 bridge is the only crossing over the 
Keweenaw Waterway and connects the towns of Houghton and Hancock, 
Michigan. The current operating schedule has been in place for 
approximately 31 years and the use of the waterway has significantly 
changed, prompting the request to modify the current regulation.
    Keweenaw Peninsula is the northernmost part of Michigan's Upper 
Peninsula projecting into Lake Superior. The Keweenaw Waterway runs 
northwesterly to southeasterly and separates the peninsula from the 
mainland making the US41 bridge the only bridge crossing for residents 
and visitors to the peninsula.
    The Keweenaw Waterway is used by recreational, commercial, 
inspected and uninspected passenger, and towing vessels. The US41 
bridge is a vertical lift type drawbridge and provides a horizontal 
clearance of 250 feet, a vertical clearance of 103 feet in the fully 
open position, a vertical clearance of 7 feet in the closed position, 
and a vertical clearance of 35 feet in the intermediate position. The 
US41 bridge is a bi-level bridge originally designed with the upper 
level providing access for automobiles and the lower level providing 
access for rail, oversized vehicles, and snowmobiles.
    The rail service to the peninsula has been discontinued and 
oversized vehicles must provide advance notice to the state before 
traveling over the road to the peninsula. Most recreational and 
commercial vessel traffic, including passenger vessel services, end 
prior to November 15 each year and do not resume services until after 
May 7 due to the formation of ice in the waterway. Large commercial 
freighter vessels do not routinely pass through the Keweenaw Waterway.
    The current regulation, 33 CFR 117.635, requires the bridge to 
operate with a 24-hour advance notice for openings from January 1 
through March 15 each year. From March 16 through December 31 the 
bridge opens on signal at all times.

III. Discussion of Proposed Rule

    This rule proposes to amend 33 CFR 117.635 in accordance with the 
below described changes. The table below shows total bridge opening 
data provided by MDOT, from April 16 to December 14, between the hours 
of midnight and 4 a.m., for the past 6 years.

------------------------------------------------------------------------
                          Year                               Openings
------------------------------------------------------------------------
2010....................................................               4
2011....................................................               6
2012....................................................               6
2013....................................................              10
2014....................................................               7
2015....................................................               6
------------------------------------------------------------------------

    This proposed rule would allow the bridge to operate with at least 
a 2-hour advance notice for openings from April 15 through December 14 
between the hours of midnight and 4 a.m. During these hours no bridge 
tender will be required at the bridge. The bridge will be placed in the 
intermediate position during this 4-hour time period providing a 
vertical clearance of 35 feet. Vessels requiring a full bridge opening 
will still be able to obtain an opening with a 2-hour advance notice. 
Vessels may also go around the peninsula to avoid passing through the 
bridge.
    The table below shows the total bridge opening data provided by 
MDOT, between December 15 and April 15, for the past 5 years.

------------------------------------------------------------------------
                          Year                               Openings
------------------------------------------------------------------------
2011...................................................               0

[[Page 48370]]

 
2012...................................................               1
2013...................................................               5
2014...................................................               0
2015...................................................               0
------------------------------------------------------------------------

    This proposed rule would allow the bridge to operate with at least 
a 12-hour advance notice for openings from December 15 through April 
14. During these hours no bridge tender will be required at the bridge. 
Vessels may also go around the peninsula to avoid passing under the 
bridge.
    At all other times, the bridge will continue to open on signal.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the infrequent 
requests for openings and the ability of vessels to still transit the 
bridge given advanced notice. Additionally, vessels may go around the 
peninsula.

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 certifies under 5 U.S.C. 605(b) that this 
proposed rule would 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 IV.A above this proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment

[[Page 48371]]

applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.635 to read as follows:


Sec.  117.635  Keweenaw Waterway

    The draw of the US41 bridge, mile 16.0 between Houghton and 
Hancock, shall 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.

    Dated: July 12, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-17544 Filed 7-22-16; 8:45 am]
 BILLING CODE 9110-04-P