[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Proposed Rules]
[Pages 20082-20084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06925]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / 
Proposed Rules  

[[Page 20082]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0113]
RIN 1625-AA09


Drawbridge Operation Regulation; Cheboygan River at Cheboygan, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the US 23 Highway Bridge, mile 0.92, across the Cheboygan 
River--Part of the Inland Route, at Cheboygan, Michigan. The Cheboygan 
County Road Commission requested we extend the winter advance notice 
for the bridge. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before June 5, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0113 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
MDNR Michigan Department of Natural Resources
MDOT Michigan Department of Transportation
OMB Office of Management and Budget
LWD Low Water Datum based on IGLD85
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Cheboygan River is part of the Michigan Inland Route. The 
Michigan Inland Route is the longest chain of rivers and lakes in the 
state of Michigan and is almost forty miles long. The waterway runs 
through Pickerel Lake, Crooked Lake, the Crooked River, Burt Lake, the 
Indian River, Mullett Lake, into the Cheboygan River, and eventually 
flowing into Lake Huron. The waterway is controlled by two Michigan 
Department of Natural Resources (MDNR) locks, one is in the Cheboygan 
River and the other is in the Crooked River.
    The Michigan Inland Route can handle vessels up to sixty-five feet 
long with an eighteen-foot beam and has been open to interstate 
commerce since 1869 when the Cheboygan lock opened.
    The US 23 Highway Bridge, mile 0.92, across the Cheboygan River is 
a double leaf bascule bridge providing a horizontal clearance of 60 
feet and a vertical clearance of 9 feet above LWD in the closed 
position and an unlimited clearance in the open position. The current 
regulation in 33 CFR 117.627 requires the State Street (U.S. Route 23) 
Bridge, mile 0.92, across the Cheboygan River to open on signal from 
April 1 through May 15 and from September 16 through December 14. From 
May 16 through September 15 between the hours of 6 a.m. and 6 p.m. the 
draw opens on the quarter and three-quarter hours. From December 15 
through March 31 the bridge operates with a 12-hour advance notice.

III. Discussion of Proposed Rule

    Because the recreational vessel traffic going through the US 23 
Highway Bridge, mile 0.92, across the Cheboygan River is controlled by 
the lock immediately upriver, there have been limited requests for 
bridge openings between 11 p.m. and 8 a.m., when the lock is closed. In 
accordance with the current bridge regulation in 33 CFR 117.627, the 
bridge opens twice an hour in sequence with the lock operations at the 
top and bottom of the hour allowing vessels fifteen minutes to arrive 
at the bridge from the lock or to travel from the bridge to the lock.
    There is one ferry serving the islands in the Straights of Mackinac 
and one passenger vessel that provides tour service to local wreck 
sites for divers. Most of the fall and spring requests for bridge 
openings are from these two boats. Both the ferry and the passenger 
vessel operate on a schedule and are predictable.
    The ferry is the only means to deliver first responders to the 
islands and when operating under this condition is considered an 
emergency vessel as defined in 33 CFR 117.31.
    We requested annual averaged daily vehicle crossing at the US 23 
Highway Bridge, mile 0.92, across the Cheboygan River and discovered 
the bridge carries less than 8,000 vehicles each day and normally would 
not require limiting opening twice a day; however, after we examined 
the drawtender's logs we found that if the bridge opened on signal, the 
monthly average openings would increase from an average of 152 openings 
a month to well over 380 openings a month.
    We do not intend to change the two openings an hour concept, but we 
would change the hours of operations to better meet the needs of 
navigation and to make the rule easier to understand.
    Cheboygan County requested to start the winter 12-hour advance 
notice requirement on November 1 to provide more snowplow drivers 
during winter squalls. We reviewed three years of drawtender logs and 
spoke to local stakeholders. We concluded that starting a 12-hour 
advance notice on November 1 would be impracticable because the bridge 
opens five to six times each day and November is deer season in 
Michigan, so the island residents have concerns with tourism to the 
island and the availability of emergency services to the island on the 
ferry vessel.
    After reviewing three years of drawtender logs and speaking to 
local stakeholders, we concluded that the winter 12-hour advance notice 
could be extended to December 1 through April 30 providing the County 
with an additional 46 days of 12-hour advance notice.
    From the drawtender logs we learned that there have been limited 
requests for

[[Page 20083]]

openings from 11 p.m. to 7 a.m., and we are proposing to place the 
bridge on a 2-hour advance during the evenings. No drawtender will be 
in attendance at the bridge and the County will provide a point of 
contact for the public to request bridge openings.
    MDNR officers requested clearance gauges be installed at the bridge 
to prevent recreational vessels from hitting the bridge after a lock 
opening. When the locks open, they cause a temporary rise in water 
levels at the bridge reducing the vertical clearance at the bridge. We 
propose to require clearance gauges to be maintained on the upriver and 
down river sides of the bridge as required by 33 CFR 117.47.
    Stakeholders also voiced concerns that bridge may delay ferries 
from delivering public utility repair teams to the island in the event 
of a storm, power loss, or fallen power lines. We propose to include 
this as part of the regulation.
    In accordance with 33 CFR 117.55, the bridge owner shall keep in 
good repair signage that explains the bridge schedule and contact 
information when the bridge requires an advance notice. Annually the 
owner shall provide updated contact information to the District 
Commander to be included in the Local Notice to Mariners.

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).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice.

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 proposed 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 proposed rule would economically affect it.
    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 proposed 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 proposed 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

[[Page 20084]]

document to which each comment applies, and provide a reason for each 
suggestion or recommendation.
    Submitting comments. 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-2023-0113 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.
    Viewing material in docket. 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; DHS Delegation No. 
0170.1, Revision No. 01.3.

0
2. Revise Sec.  117.627 to read as follows:


Sec.  117.627  Cheboygan River.

    The draw of the US 23 highway bridge, mile 0.9 at Cheboygan shall 
operate as follows:
    (a) From May 1 through November 31--
    (1) Between the hours of 7 a.m. and 11 p.m. the draw need only open 
from three minutes before to three minutes after the quarter-hour and 
three-quarter hour.
    (2) Between the hours of 11 p.m. and 7 a.m. no drawtender is 
required to be at the bridge and the bridge need not open unless a 
request to open the draw is given at least 2-hours in advance of a 
vessels intended time of passage through the draw.
    (b) From December 1 through April 31, no drawtender is required to 
be at the bridge and the bridge need not open unless a request to open 
the draw is given at least 12-hours in advance of a vessels intended 
time of passage through the draw.
    (c) At all times the draw shall open as soon as possible for the 
passage of vessels if carrying public safety or public utility vehicles 
and persons to or from the island.
    (d) The owner of the bridge shall provide and keep in good legible 
condition two board gauges painted white with black figures not less 
than six inches high to indicate the vertical clearance under the 
closed draw at all water levels. The gages shall be placed on the 
bridge so that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.

M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-06925 Filed 4-4-23; 8:45 am]
BILLING CODE 9110-04-P