[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Rules and Regulations]
[Pages 28989-28991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09574]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0303]
RIN 1625-AA09


Drawbridge Operation Regulation; Trail Creek, Michigan City, IN

AGENCY:  Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule that 
governs the Amtrak Railroad Bridge, mil 0.9, across Trail Creek, in 
Michigan City, Indiana, to allow it to operate remotely. The bridge has 
operated remotely since 2003 without inclusion in the CFR. During that 
period, the Coast Guard has not received any reports of incident or 
public complaint.

DATES: This rule is effective June 5, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number (USCG-2022-0303) in the ``SEARCH'' box and click 
``SEARCH''. In the Document Type column, select ``Supporting & Related 
Material.''

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
Left As viewed from the mouth of the river
LWD Low Water Datum Based on IGLD85 NPRM Notice of Proposed 
Rulemaking
OMB Office of Management and Budget
Right As viewed from the mouth of the river
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On May 25, 2022, the Coast Guard published a NPRM entitled 
``Drawbridge Operation Regulation: Trail Creek, Michigan City, IN'' in 
the Federal Register (87 FR 31794). There we stated why we issued the 
NPRM, and invited comments on our proposed regulatory action related to 
this regulatory change. During the comment period that ended on July 
25, 2022, we received one comment unrelated to this rulemaking.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Amtrak Railroad Bridge, mile 0.9, over Trail Creek, in Michigan 
City, Indiana, was authorized to operate remotely by letter during the 
United States Coast Guard's transition from the Department of 
Transportation to the Department of Homeland Security. Inclusion of the 
Amtrak Railroad Bridge, mile 0.9, into the regulations was overlooked 
and this proposed rule will correct that oversight. Further, the Coast 
Guard was able to use the rulemaking process as a means to provide the 
public

[[Page 28990]]

the opportunity to comment on the bridge operations.
    Trail Creek is 7.3 miles long and used by small powered and 
unpowered recreational vessels, commercial passenger vessels, and 
fishing vessels. Freighters have not utilized the waterway for several 
years. The Amtrak Railroad Bridge, mile 0.9, over Trail Creek is a 
swing railroad bridge and provides a horizontal clearance of 41 feet in 
the right draw and 44 feet in the left draw and a vertical clearance of 
7 feet above LWD in the closed position and an unlimited vertical 
clearance in the open position. Each day during the summer, 
approximately 35 recreational and commercial fishing vessels transit 
the Amtrak Railroad Bridge, mile 0.9; most of the 35 vessels make daily 
roundtrips, transiting the bridge two times each day.

IV. Discussion of Comments, Changes, and the Final Rule

    We did not receive any comments concerning the proposed regulatory 
language from the NPRM so the proposed language will be published in 
this FR without change.

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.

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 rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, it 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 without change to the operating 
schedule of the bridge. The remote operations equipment acts as if a 
drawtender is present with the ability to receive all signals.

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 will 
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 V.A 
above, this rule will 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 
section.
    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 does 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.
    During the NPRM comment period, we did not receive any comments 
concerning this bridge and we do not intend to make changes from the 
proposed language to the final rulemaking.

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. During the NPRM comment period that lasted 60-days we 
did not receive any comments.

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 rule promulgates the operating 
regulations or procedures for drawbridges and is 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 rule.

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:

[[Page 28991]]

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. 00170.1, Revision No. 01.3.


0
2. In Sec.  117.401 Trail Creek, revise paragraph (b) to read as 
follows:


Sec.  117.401  Trail Creek.

* * * * *
    (b) The draw of the Amtrak Railroad Bridge, mile 0.9, at Michigan 
City shall open on signal, except from December 1 through March 15 the 
draw shall open if at least 12-hours advance notice is given. The 
bridge is authorized to be operated remotely. The bridge shall operate 
and maintain a VHF-FM Marine Radio.
* * * * *

    Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. 2023-09574 Filed 5-4-23; 8:45 am]
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