[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Proposed Rules]
[Pages 48369-48371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17544]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the operating schedule that
governs the US41 bridge, mile 16.0 over the Keweenaw Waterway between
the towns of Houghton and Hancock, Michigan. The Michigan Department of
Transportation (MDOT) has requested a review of the current operating
schedule of the drawbridge due to a lack of openings during the early
morning hours. They have also requested to expand and modify the
current winter operating schedule.
DATES: Comments and related material must reach the Coast Guard on or
before August 24, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0582 using Federal eRulemaking Portal at http://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,
U.S. Coast Guard; telephone 216-650-5408, 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
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
MDOT has requested to change the operating schedule of the US41
bridge at mile 16.0. 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 significantly
changed, prompting the request to modify the current regulation.
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.
The current regulation, 33 CFR 117.635, requires the bridge to
operate with a 24-hour advance notice for openings from January 1
through March 15 each year. From March 16 through December 31 the
bridge opens on signal at all times.
III. Discussion of Proposed Rule
This rule proposes to amend 33 CFR 117.635 in accordance with the
below described changes. 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.
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Year Openings
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2010.................................................... 4
2011.................................................... 6
2012.................................................... 6
2013.................................................... 10
2014.................................................... 7
2015.................................................... 6
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This proposed rule would allow the bridge to operate with at least
a 2-hour advance notice for openings from April 15 through December 14
between the hours of midnight and 4 a.m. During these hours no bridge
tender 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.
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
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2011................................................... 0
[[Page 48370]]
2012................................................... 1
2013................................................... 5
2014................................................... 0
2015................................................... 0
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This proposed rule would allow the bridge to operate with at least
a 12-hour advance notice for openings from December 15 through April
14. During these hours no bridge tender will be required at the bridge.
Vessels may also go around the peninsula to avoid passing under the
bridge.
At all other times, the bridge will continue to open on signal.
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 and we discuss
First Amendment rights of protestors.
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 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.
This regulatory action determination is based on the infrequent
requests for openings and the ability of vessels to still transit the
bridge given advanced notice. Additionally, vessels may go around the
peninsula.
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.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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, above. 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 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 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 above.
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 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 preliminary 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 proposed rule simply promulgates
the operating regulations or procedures for drawbridges. Normally such
actions are 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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.
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
[[Page 48371]]
applies, and provide a reason for each suggestion or recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this notice, and all public comments, are in
our online docket at http://www.regulations.gov and can be viewed by
following that Web site's instructions. 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.
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; 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: July 12, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-17544 Filed 7-22-16; 8:45 am]
BILLING CODE 9110-04-P