[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66808-66810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23576]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule for the 
US41 bridge, mile 16.0 over the Keweenaw Waterway, between the towns of 
Houghton and Hancock, Michigan. The use of the waterway has changed and

[[Page 66809]]

this rule will modify the schedule that has been in place for 
approximately 31 years.

DATES: This rule is effective October 31, 2016.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0582. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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 
[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
NEPA National Environmental Policy Act of 1969
NPRM Notice of proposed rulemaking
RFA Regulatory Flexibility Act of 1980
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 25, 2016, we published a notice of proposed rulemaking 
(NPRM) entitled, Drawbridge Operation Regulation; Keweenaw Waterway, 
Houghton and Hancock, MI, in the Federal Register (81 FR 48369). We did 
not receive any comments on this proposed rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
MDOT requested to change the operating schedule of the US41 (Houghton-
Hancock) bridge (33 CFR 117.635). 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 changed 
significantly, prompting the request to modify the current regulation 
to reflect current needs of navigation.
    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.
    MDOT requested to remove bridgetenders between the hours of 
midnight and 4:00 a.m. each day and operate the bridge if at least 2-
hours advance notice is provided between those hours during the 
navigation season. 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
------------------------------------------------------------------------

    The current regulation also requires the bridge to operate with a 
24-hour advance notice for openings from January 1 through March 15 
each year. 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
2012.......................................................            1
2013.......................................................            5
2014.......................................................            0
2015.......................................................            0
------------------------------------------------------------------------

IV. Discussion of Comments, Changes and the Final Rule

    Based on the bridge opening data provided by MDOT, only one year 
(2013) resulted in more than 7 openings, or an average of one opening 
per month, between the hours of midnight and 4:00 a.m. between mid-
April and mid-December, during the past 6 years. This rule will allow 
the bridge to operate with at least a 2-hour advance notice for 
openings from April 15 through December 15 between the hours of 
midnight and 4 a.m. During these hours no bridgetender 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.
    Based on the bridge opening data provided by MDOT, only one year 
(2013) resulted in more than one bridge opening for the entire period 
between mid-December and mid-April during the past 6 years. The 
standard advance notice time applied to most drawbridges in the Great 
Lakes during the non-navigation season is 12-hours advance notice. This 
rule will allow the bridge to operate with at least 12-hour advance 
notice for openings from December 15 through April 15. During these 
dates no bridgetender will be required at the bridge. Vessels may also 
go around the peninsula to avoid passing under the bridge.
    The Coast Guard provided a comment period of 30 days and did not 
receive any comments.

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, and we 
discuss First Amendment rights of protesters.

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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866.

[[Page 66810]]

Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice during times 
when vessel traffic is at its lowest.

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 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 would not have a significant economic 
impact on a substantial number of small entities. This rule would not 
have a significant economic impact on any vessel owner or operator 
because the bridges will open with advance notice during low traffic 
times on the waterway or when ice conditions hinder normal navigation.
    While some owners or operators of vessels intending to transit the 
bridges may be small entities, for the reasons stated in section V.A 
above, this rule would 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, 
above. 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 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.

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 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 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is 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.

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.

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 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: September 15, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-23576 Filed 9-28-16; 8:45 am]
 BILLING CODE 9110-04-P