[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59799-59800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18739]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2022-0237]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is altering the operating schedule that 
governs the US41 Bridge, mile 16.0, over the Keweenaw Waterway between 
the towns of Houghton and Hancock, Michigan. This change is being made 
at the request of the Michigan Department of Transportation, who owns 
and operates this bridge.

DATES: This rule is effective September 29, 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-2022-0237 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 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 [Delete/Add Any Abbreviations Not Used/Used 
in This Document]

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
OMB Office of Management and Budget
MDOT Michigan Department of Transportation
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The US41 Bridge, mile 16.0, over the Keweenaw Waterway between the 
towns of Houghton and Hancock, Michigan, is owned and operated by MDOT 
and is the only crossing over the waterway. The US41 Bridge, mile 16.0, 
over the Keweenaw Waterway is a combination highway and railroad double 
deck lift bridge that provides a horizontal clearance of 7-feet in the 
down position, 103-feet in the open position, and 35-feet in the 
intermediate position above LWD.
    The Keweenaw Waterway divides the Keweenaw Peninsula and is in the 
middle of the south shore of Lake Superior, a Great Lake known for 
hazardous weather conditions.
    The Federal Government improved the Keweenaw Waterway in 1861 to 
accommodate interstate commerce and create a harbor of safe refuge for 
vessels caught in bad weather and is located halfway between Duluth, 
Minnesota and Sault Ste. Marie, Michigan. Commercial vessels, including 
some over 700-feet in length, and powered and non-powered recreational 
vessels utilize the waterway. The passenger vessel RANGER III operates 
from the east side of the US41 Bridge, mile 16.0, over the Keweenaw 
Waterway to Isle Royal and is operated by the National Park Service 
with a capacity of 128-passengers. A U.S. Coast Guard Station is 
located at the far west end of the waterway.
    The bridge has special operating conditions listed in 33 CFR 
117.635 that requires the bridge to 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.
    On May 19, 2022, we published in the Federal Register (87 FR 30418) 
a notice of temporary deviation from regulations; request for comments 
to test a change to the drawbridge operation schedule to determine 
whether a permanent change to the schedule was needed. The Coast Guard 
sought comments from the public regarding the proposed changes. This 
deviation was effective from 7 a.m. on May 26, 2022, through 7 p.m. on 
September 6, 2022. Comments and related material had to reach the Coast 
Guard on or before November 1, 2022. In this document we provided data 
of three years of drawtender logs and average daily vehicle crossings 
provided by MDOT.
    On April 12, 2023, we published in the Federal Register (88 FR 
21940) a notice of proposed rulemaking proposing a permanent change to 
the bridge's operating schedule. Comments and related material were 
required to be received by the Coast Guard on or before June 12, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Michigan Department of Transportation, who owns and operates 
the bridge, requested a change to the drawbridge operation schedule to 
help facilitate all modes of transportation at the bridge.

IV. Discussion of Comments

    We received only two comments on the proposed rule and one was a 
duplication of the other. The commenter was in full support of the rule 
and no changes have been made as a result.
    Ben Larson, Houghton County Administrator, on behalf of the 
residents, looked forward to the approval of the new regulation 
becoming.

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 given advanced notice or that the 
scheduled openings will provide for the reasonable needs of navigation.

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

[[Page 59800]]

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.
    We did not receive any comments regarding 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. We did not receive any comments regarding the 
Unfunded Mandates Reform Act of 1995.

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:

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. 00170.1. Revision No. 01.3.


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


Sec.  117.635  Keweenaw Waterway.

    (a) The draw of the U.S. 41 Bridge, mile 16, shall open on signal, 
except that:
    (1) From April 15 through December 14, between the hours of 7 a.m. 
and 7 p.m. Monday through Friday, less Federal holidays, the bridge 
shall open on signal from five minutes before to five minutes after the 
hour and half hour for vessels. Documented vessels over 300-feet shall 
not be held at the bridge but will be passed as soon as possible.
    (2) From April 15 through December 14 between midnight and 4 a.m. 
daily, the draw shall be placed in the intermediate position and open 
on signal if at least 2 hours' notice is given.
    (3) From December 15 through April 14 the draw shall open on signal 
if at least 12 hours' notice is given.
    (b) [Reserved]

Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-18739 Filed 8-29-23; 8:45 am]
BILLING CODE 9110-04-P