[Federal Register Volume 87, Number 185 (Monday, September 26, 2022)]
[Proposed Rules]
[Pages 58292-58293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20776]



[[Page 58292]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0689]
RIN 1625-AA09


Drawbridge Operation Regulation; Grand River, Grand Haven, MI

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the U.S. Route 31 Bridge, mile 2.89, over the Grand River, at 
Grand Haven, Michigan. This proposed temporary modification will allow 
contractors to perform maintenance to the mechanical and electrical 
systems of the bridge during the winter navigation season. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before November 25, 2022. The Coast Guard anticipates that this 
proposed rule will be effective from November 1, 2022, through May 26, 
2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2022-0689 using Federal Decision Making Portal at https://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, 
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
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
MDOT Michigan Department of Transportation
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The MDOT, who owns and operates U.S. Route 31 Bridge, over the 
Grand River, at Grand Haven, Michigan, has requested this modification 
to facilitate maintenance of the drawbridge. This proposed rule is 
necessary to facilitate safe and effective bridge maintenance of the 
drawbridge, while providing for the reasonable needs of navigation.
    The U.S. Route 31 Bridge, mile 2.89, over the Grand River, at Grand 
Haven, Michigan, provides a horizontal clearance of 155 feet and a 
vertical clearance in the closed position of 25 feet above LWD and an 
unlimited clearance in the open position. The U.S. Route 31 Bridge, 
mile 2.89, over the Grand River operates under 33 CFR 117.633 providing 
one opening every hour from March 16 through December 14. From December 
15 through March 15, the bridge opens on signal if a 12-hour advance 
notice is provided.
    The Grand River is used primarily by recreational vessels. There is 
a stone loading facility at approximate mile 2.26 but they have not 
received barges in several years. During the winter, the ice in the 
Grand River prevents recreational vessels from navigating the Grand 
River safely.

III. Discussion of Proposed Rule

    Originally, MDOT requested a deviation September 6, 2022, through 
October 30, 2022. Under the original plan, the bridge contractor would 
complete repairs with one leaf open and the other leaf closed, allowing 
recreational vessels to pass through the bridge between September 6, 
2022, through October 30, 2022. Pursuant to this request, the Coast 
Guard issued a letter of deviation.
    MDOT is now requesting additional maintenance time. Specifically, 
MDOT is requesting to secure the bridge to masted navigation from 
November 1, 2022, through April 30, 2023, and to secure one leaf to 
masted navigation, allowing the other leaf to operate normally, from 
May 1, 2023, through May 26, 2023. At any time, vessels that can safely 
pass under the bridge without an opening may do so at any time. MDOT's 
amended request comes at the request of its contractors, who believe 
the additional time is necessary to complete all necessary maintenance 
on the bridge.
    Adding the November to May work will expand the proposed project 
beyond 180 days, triggering the need for a rule making process.
    Ice formations in the Grand River from December to April prevent 
safe navigation of recreational vessel traffic through the bridge; 
commercial vessel traffic has not visited past the U.S. Route 31 
Bridge, mile 2.89, over the Grand River, at Grand Haven, Michigan, in 
several years. All recreational vessels that normally pass through the 
bridge can safely pass with one leaf open.

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.

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 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 (OMB).
    The bridge will be secured to masted navigation during times when 
ice formation in the river generally prevents safe navigation to 
recreational vessels. The maintenance in the late fall will accommodate 
all vessels with one-leaf operations and has been advertised in the 
Local Notice to Mariners and distributed by email to over 300 Great 
Lakes waterway users for over 10 months without comment.

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.

[[Page 58293]]

    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 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 
section. 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 Governments

    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.

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 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 proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are 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 proposed rule. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal Decision 
Making Portal at https://www.regulations.gov. To do so, go to https://www.regulations.gov, type USCG-2022-0689 in the search box and click 
``Search.'' Next, look for this document in the Search Results column, 
and click on it. Then click on the Comment option. If your material 
cannot be submitted using https://www.regulations.gov, contact the 
person in the FOR FURTHER INFORMATION CONTACT section of this document 
for alternate instructions.
    To view documents mentioned in this proposed rule as being 
available in the docket, find the docket as described in the previous 
paragraph, and then select ``Supporting & Related Material'' in the 
Document Type column. Public comments will also be placed in our online 
docket and can be viewed by following instructions on the https://www.regulations.gov Frequently Asked Questions web page. We review all 
comments received, but we will only post comments that address the 
topic of the proposed rule. We may choose not to post off-topic, 
inappropriate, or duplicate comments that we receive. 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 of any 
posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).

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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. In Sec.  117.633, add paragraph (d) to read as follows:


Sec.  117.633   Grand River.

* * * * *
    (d) The U.S. Route 31 Bridge, mile 2.89, over the Grand River: from 
November 1, 2022, through April 30, 2023, both leaves will be secured 
to masted navigation and from May 1, 2023, through May 26, 2023, one 
leaf will be secured to masted navigation and the other leaf will 
operate normally. Vessels that can safely pass under the bridge without 
an opening may do so at any time.

M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2022-20776 Filed 9-23-22; 8:45 am]
BILLING CODE 9110-04-P