81_FR_66997 81 FR 66808 - Drawbridge Operation Regulation; Keweenaw Waterway, Houghton and Hancock, MI

81 FR 66808 - Drawbridge Operation Regulation; Keweenaw Waterway, Houghton and Hancock, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 189 (September 29, 2016)

Page Range66808-66810
FR Document2016-23576

The Coast Guard is modifying the operating schedule for the US41 bridge, mile 16.0 over the Keweenaw Waterway, between the towns of Houghton and Hancock, Michigan. The use of the waterway has changed and this rule will modify the schedule that has been in place for approximately 31 years.

Federal Register, Volume 81 Issue 189 (Thursday, September 29, 2016)
[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66808-66810]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23576]


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

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: Final rule.

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

SUMMARY: The Coast Guard is modifying the operating schedule for the 
US41 bridge, mile 16.0 over the Keweenaw Waterway, between the towns of 
Houghton and Hancock, Michigan. The use of the waterway has changed and

[[Page 66809]]

this rule will modify the schedule that has been in place for 
approximately 31 years.

DATES: This rule is effective October 31, 2016.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0582. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
MDOT Michigan Department of Transportation
NEPA National Environmental Policy Act of 1969
NPRM Notice of proposed rulemaking
RFA Regulatory Flexibility Act of 1980
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On July 25, 2016, we published a notice of proposed rulemaking 
(NPRM) entitled, Drawbridge Operation Regulation; Keweenaw Waterway, 
Houghton and Hancock, MI, in the Federal Register (81 FR 48369). We did 
not receive any comments on this proposed rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
MDOT requested to change the operating schedule of the US41 (Houghton-
Hancock) bridge (33 CFR 117.635). 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 changed 
significantly, prompting the request to modify the current regulation 
to reflect current needs of navigation.
    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.
    MDOT requested to remove bridgetenders between the hours of 
midnight and 4:00 a.m. each day and operate the bridge if at least 2-
hours advance notice is provided between those hours during the 
navigation season. 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.

------------------------------------------------------------------------
                            Year                               Openings
------------------------------------------------------------------------
2010.......................................................            4
2011.......................................................            6
2012.......................................................            6
2013.......................................................           10
2014.......................................................            7
2015.......................................................            6
------------------------------------------------------------------------

    The current regulation also requires the bridge to operate with a 
24-hour advance notice for openings from January 1 through March 15 
each year. 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
------------------------------------------------------------------------
2011.......................................................            0
2012.......................................................            1
2013.......................................................            5
2014.......................................................            0
2015.......................................................            0
------------------------------------------------------------------------

IV. Discussion of Comments, Changes and the Final Rule

    Based on the bridge opening data provided by MDOT, only one year 
(2013) resulted in more than 7 openings, or an average of one opening 
per month, between the hours of midnight and 4:00 a.m. between mid-
April and mid-December, during the past 6 years. This rule will allow 
the bridge to operate with at least a 2-hour advance notice for 
openings from April 15 through December 15 between the hours of 
midnight and 4 a.m. During these hours no bridgetender 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.
    Based on the bridge opening data provided by MDOT, only one year 
(2013) resulted in more than one bridge opening for the entire period 
between mid-December and mid-April during the past 6 years. The 
standard advance notice time applied to most drawbridges in the Great 
Lakes during the non-navigation season is 12-hours advance notice. This 
rule will allow the bridge to operate with at least 12-hour advance 
notice for openings from December 15 through April 15. During these 
dates no bridgetender will be required at the bridge. Vessels may also 
go around the peninsula to avoid passing under the bridge.
    The Coast Guard provided a comment period of 30 days and did not 
receive any comments.

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, and we 
discuss First Amendment rights of protesters.

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 rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866.

[[Page 66810]]

Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice during times 
when vessel traffic is at its lowest.

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 would not have a significant economic 
impact on a substantial number of small entities. This rule would not 
have a significant economic impact on any vessel owner or operator 
because the bridges will open with advance notice during low traffic 
times on the waterway or when ice conditions hinder normal navigation.
    While some owners or operators of vessels intending to transit the 
bridges may be small entities, for the reasons stated in section V.A 
above, this rule would 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, 
above. 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 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.

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.

F. Environment

    We have analyzed this 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 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is 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.

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.

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. 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: September 15, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-23576 Filed 9-28-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                66808            Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations

                                                25, 2016, through July 29, 2016; August                    In accordance with 33 CFR 117.35(e),                Foundation Festival, a New Orleans
                                                1, 2016, through August 5, 2016;                         the drawbridge must return to its regular             event. The vertical clearance of the Leon
                                                September 5, 2016, through September                     operating schedule immediately at the                 C. Simon Blvd. (Seabrook) (aka Senator
                                                9, 2016; September 12, 2016, through                     end of the effective period of this                   Ted Hickey) bascule bridge is 46 feet
                                                September 16, 2016; and alternative                      temporary deviation. This deviation                   above mean high water in the closed-to-
                                                dates from September 19, 2016, through                   from the operating regulations is                     navigation position and unlimited in the
                                                September 23, 2016; and September 26,                    authorized under 33 CFR 117.35.                       open-to-navigation position. The bridge
                                                2016, through September 30, 2016. The                      Dated: September 22, 2016.                          is governed by 33 CFR 117.458(c).
                                                bridge would open for vessels on signal                                                                           This deviation is effective on October
                                                                                                         Hal R. Pitts,
                                                during scheduled closure periods, if at                                                                        2, 2016. The bridge over the Inner
                                                                                                         Bridge Program Manager, Fifth Coast Guard
                                                least 24 hours notice was given.                                                                               Harbor Navigation Canal will be closed
                                                                                                         District.
                                                   The Virginia Department of                                                                                  to marine traffic from 7 a.m. through 3
                                                Transportation, who owns and operates                    [FR Doc. 2016–23508 Filed 9–28–16; 8:45 am]
                                                                                                                                                               p.m. This deviation allows the bridge to
                                                the SR 156/Benjamin Harrison                             BILLING CODE 9110–04–P
                                                                                                                                                               remain closed-to-navigation for the
                                                Memorial Bridge, has requested a                                                                               duration of the event.
                                                modified temporary deviation from the                                                                             Navigation on the waterway consists
                                                currently published deviation to extend                  DEPARTMENT OF HOMELAND
                                                                                                                                                               of small tugs with and without tows,
                                                the deviation timeframe to facilitate                    SECURITY
                                                                                                                                                               commercial vessels, and recreational
                                                replacement of the service elevators for                 Coast Guard                                           craft, including sailboats.
                                                both lift towers, install new electrical                                                                          Vessels able to pass through the
                                                wiring, bird screens, and structural steel                                                                     bridge in the closed-to-navigation
                                                                                                         33 CFR Part 117
                                                of the bridge. The current operating                                                                           position may do so at anytime. The
                                                schedule is open on signal as set out in                 [Docket No. USCG–2016–0868]                           bridge will be able to open for
                                                33 CFR 117.5. This modified temporary                                                                          emergencies, and there is no immediate
                                                deviation serves to replace the previous                 Drawbridge Operation Regulation;                      alternate route. The Coast Guard will
                                                temporary deviation in the Federal                       Inner Harbor Navigation Canal, New                    also inform the users of the waterways
                                                Register (81 FR 49898), immediately                      Orleans, LA                                           through our Local and Broadcast
                                                upon its publication into the Federal                    AGENCY: Coast Guard, DHS.                             Notices to Mariners of the change in
                                                Register.                                                ACTION:Notice of deviation from                       operating schedule for the bridge to
                                                   Under this modified temporary                                                                               minimize any impact caused by the
                                                                                                         drawbridge regulations.
                                                deviation, the bridge will be maintained                                                                       temporary deviation.
                                                in the closed-to-navigation position                     SUMMARY:   The Coast Guard has issued a                  In accordance with 33 CFR 117.35(e),
                                                from 8 p.m. through 6 a.m.; Monday                       temporary deviation from the operating                the drawbridge must return to its regular
                                                through Friday; October 3, 2016,                         schedule that governs the Leon C.                     operating schedule immediately at the
                                                through October 7, 2016; October 10,                     Simon Blvd. (Seabrook) (aka Senator                   end of the effective period of this
                                                2016, through October 14, 2016; October                  Ted Hickey) bascule bridge across the                 temporary deviation. This deviation
                                                17, 2016, through October 21, 2016; and                  Inner Harbor Navigation Canal, mile 4.6,              from the operating regulations is
                                                October 24, 2016, through October 28,                    at New Orleans, Orleans Parish,                       authorized under 33 CFR 117.35.
                                                2016. The bridge will open for vessels                   Louisiana. The deviation is necessary to
                                                on signal during scheduled closure                                                                               Dated: September 23, 2016.
                                                                                                         accommodate The Endurance
                                                periods, if at least 10 hours notice is                                                                        David M. Frank,
                                                                                                         Foundation Festival, a New Orleans
                                                given. The bridge is a vertical lift                     event. This deviation allows the bridge               Bridge Administrator, Eighth Coast Guard
                                                drawbridge and has a vertical clearance                                                                        District.
                                                                                                         to remain closed-to-navigation for a
                                                in the closed position of 50 feet above                  eight hours on the day of the event.                  [FR Doc. 2016–23507 Filed 9–28–16; 8:45 am]
                                                mean high water.                                         DATES: This deviation is effective from
                                                                                                                                                               BILLING CODE 9110–04–P
                                                   The James River is used by a variety
                                                                                                         October 2, 2016 from 7 a.m. through 3
                                                of vessels including deep-draft vessels,
                                                                                                         p.m.                                                  DEPARTMENT OF HOMELAND
                                                tug and barge traffic, and recreational
                                                vessels. The Coast Guard has carefully                   ADDRESSES: The docket for this                        SECURITY
                                                coordinated the restrictions with                        deviation, [USCG–2016–0868] is
                                                waterway users in publishing this                        available at http://www.regulations.gov.              Coast Guard
                                                temporary deviation.                                     FOR FURTHER INFORMATION CONTACT: If
                                                   Vessels able to pass through the                      you have questions on this temporary                  33 CFR Part 117
                                                bridge in the closed-to-navigation                       deviation, call or email Donna Gagliano,              [Docket No. USCG–2016–0582]
                                                position may do so at anytime. The                       Bridge Administration Branch, Coast
                                                bridge will be able to open for                          Guard, telephone (504) 671–2128, email                RIN 1625–AA09
                                                emergencies during scheduled closure                     Donna.Gagliano@uscg.mil.
                                                periods, if at least 30 minutes notice is                SUPPLEMENTARY INFORMATION: Premier
                                                                                                                                                               Drawbridge Operation Regulation;
                                                given. There is no immediate alternative                 Event Management, through the                         Keweenaw Waterway, Houghton and
                                                route for vessels unable to pass through                 Louisiana Department of Transportation                Hancock, MI
                                                the bridge in the closed position. The                   and Development (LDOTD), requested a                  AGENCY:    Coast Guard, DHS.
                                                Coast Guard will also inform the users                   temporary deviation from the operating                ACTION:   Final rule.
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                                                of the waterways through our Local and                   schedule of the Leon C. Simon Blvd.
                                                Broadcast Notices to Mariners of the                     (Seabrook) (aka Senator Ted Hickey)                   SUMMARY:   The Coast Guard is modifying
                                                change in operating schedule for the                     bascule bridge across the Inner Harbor                the operating schedule for the US41
                                                bridge so that vessel operators can                      Navigation Canal, mile 4.6, at New                    bridge, mile 16.0 over the Keweenaw
                                                arrange their transit to minimize any                    Orleans, Orleans Parish, Louisiana. The               Waterway, between the towns of
                                                impact caused by the temporary                           deviation was requested to                            Houghton and Hancock, Michigan. The
                                                deviation.                                               accommodate The Endurance                             use of the waterway has changed and


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                                                                 Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations                                                  66809

                                                this rule will modify the schedule that                  separates the peninsula from the                                   IV. Discussion of Comments, Changes
                                                has been in place for approximately 31                   mainland making the US41 bridge the                                and the Final Rule
                                                years.                                                   only bridge crossing for residents and                               Based on the bridge opening data
                                                DATES: This rule is effective October 31,                visitors to the peninsula.                                         provided by MDOT, only one year
                                                2016.                                                      The Keweenaw Waterway is used by
                                                                                                                                                                            (2013) resulted in more than 7 openings,
                                                ADDRESSES: To view documents                             recreational, commercial, inspected and
                                                                                                                                                                            or an average of one opening per month,
                                                mentioned in this preamble as being                      uninspected passenger, and towing
                                                                                                                                                                            between the hours of midnight and 4:00
                                                available in the docket, go to http://                   vessels. The US41 bridge is a vertical lift
                                                                                                         type drawbridge and provides a                                     a.m. between mid-April and mid-
                                                www.regulations.gov, type USCG–2016–                                                                                        December, during the past 6 years. This
                                                0582. In the ‘‘SEARCH’’ box and click                    horizontal clearance of 250 feet, a
                                                                                                         vertical clearance of 103 feet in the fully                        rule will allow the bridge to operate
                                                ‘‘SEARCH.’’ Click on Open Docket                                                                                            with at least a 2-hour advance notice for
                                                Folder on the line associated with this                  open position, a vertical clearance of 7
                                                                                                         feet in the closed position, and a vertical                        openings from April 15 through
                                                rulemaking.                                                                                                                 December 15 between the hours of
                                                                                                         clearance of 35 feet in the intermediate
                                                FOR FURTHER INFORMATION CONTACT: If                                                                                         midnight and 4 a.m. During these hours
                                                                                                         position. The US41 bridge is a bi-level
                                                you have questions on this rule, call or                 bridge originally designed with the                                no bridgetender will be required at the
                                                email Mr. Lee D. Soule, Bridge                           upper level providing access for                                   bridge. The bridge will be placed in the
                                                Management Specialist, Ninth Coast                       automobiles and the lower level                                    intermediate position during this 4-hour
                                                Guard District; telephone 216–902–                       providing access for rail, oversized                               time period providing a vertical
                                                6085, email Lee.D.Soule@uscg.mil.                        vehicles, and snowmobiles.                                         clearance of 35 feet. Vessels requiring a
                                                SUPPLEMENTARY INFORMATION:                                 The rail service to the peninsula has                            full bridge opening will still be able to
                                                                                                         been discontinued and oversized                                    obtain an opening with a 2-hour
                                                I. Table of Abbreviations                                                                                                   advance notice. Vessels may also go
                                                                                                         vehicles must provide advance notice to
                                                CFR Code of Federal Regulations                          the state before traveling over the road                           around the peninsula to avoid passing
                                                DHS Department of Homeland Security                                                                                         through the bridge.
                                                E.O. Executive Order
                                                                                                         to the peninsula. Most recreational and
                                                                                                         commercial vessel traffic, including                                 Based on the bridge opening data
                                                FR Federal Register
                                                                                                         passenger vessel services, end prior to                            provided by MDOT, only one year
                                                MDOT Michigan Department of
                                                  Transportation                                         November 15 each year and do not                                   (2013) resulted in more than one bridge
                                                NEPA National Environmental Policy Act                   resume services until after May 7 due to                           opening for the entire period between
                                                  of 1969                                                the formation of ice in the waterway.                              mid-December and mid-April during the
                                                NPRM Notice of proposed rulemaking                       Large commercial freighter vessels do                              past 6 years. The standard advance
                                                RFA Regulatory Flexibility Act of 1980                                                                                      notice time applied to most drawbridges
                                                                                                         not routinely pass through the
                                                SNPRM Supplemental notice of proposed                                                                                       in the Great Lakes during the non-
                                                  rulemaking                                             Keweenaw Waterway.
                                                                                                           MDOT requested to remove                                         navigation season is 12-hours advance
                                                Pub. L. Public Law
                                                § Section                                                bridgetenders between the hours of                                 notice. This rule will allow the bridge
                                                U.S.C. United States Code                                midnight and 4:00 a.m. each day and                                to operate with at least 12-hour advance
                                                                                                         operate the bridge if at least 2-hours                             notice for openings from December 15
                                                II. Background Information and                           advance notice is provided between                                 through April 15. During these dates no
                                                Regulatory History                                       those hours during the navigation                                  bridgetender will be required at the
                                                   On July 25, 2016, we published a                      season. The table below shows total                                bridge. Vessels may also go around the
                                                notice of proposed rulemaking (NPRM)                     bridge opening data provided by MDOT,                              peninsula to avoid passing under the
                                                entitled, Drawbridge Operation                           from April 16 to December 14, between                              bridge.
                                                Regulation; Keweenaw Waterway,                           the hours of midnight and 4 a.m., for the                            The Coast Guard provided a comment
                                                Houghton and Hancock, MI, in the                         past 6 years.                                                      period of 30 days and did not receive
                                                Federal Register (81 FR 48369). We did                                                                                      any comments.
                                                not receive any comments on this                                            Year                             Openings
                                                                                                                                                                            V. Regulatory Analyses
                                                proposed rule.
                                                                                                         2010   ..........................................            4       We developed this rule after
                                                III. Legal Authority and Need for Rule                   2011   ..........................................            6     considering numerous statutes and
                                                   The Coast Guard is issuing this rule                  2012   ..........................................            6     Executive Orders related to rulemaking.
                                                                                                         2013   ..........................................           10
                                                under authority 33 U.S.C. 499. MDOT                      2014   ..........................................            7
                                                                                                                                                                            Below we summarize our analyses
                                                requested to change the operating                        2015   ..........................................            6     based on a number of these statutes and
                                                schedule of the US41 (Houghton-                                                                                             Executive Orders, and we discuss First
                                                Hancock) bridge (33 CFR 117.635). The                      The current regulation also requires                             Amendment rights of protesters.
                                                US41 bridge is the only crossing over                    the bridge to operate with a 24-hour                               A. Regulatory Planning and Review
                                                the Keweenaw Waterway and connects                       advance notice for openings from
                                                the towns of Houghton and Hancock,                       January 1 through March 15 each year.                                 Executive Orders 12866 and 13563
                                                Michigan. The current operating                          The table below shows the total bridge                             direct agencies to assess the costs and
                                                schedule has been in place for                           opening data provided by MDOT,                                     benefits of available regulatory
                                                approximately 31 years and the use of                    between December 15 and April 15, for                              alternatives and, if regulation is
                                                the waterway has changed significantly,                  the past 5 years.                                                  necessary, to select regulatory
                                                prompting the request to modify the                                                                                         approaches that maximize net benefits.
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                                                current regulation to reflect current                                       Year                             Openings       Executive Order 13563 emphasizes the
                                                needs of navigation.                                                                                                        importance of quantifying both costs
                                                   Keweenaw Peninsula is the                             2011   ..........................................              0   and benefits, of reducing costs, of
                                                northernmost part of Michigan’s Upper                    2012   ..........................................              1   harmonizing rules, and of promoting
                                                Peninsula projecting into Lake Superior.                 2013   ..........................................              5   flexibility. This rule has not been
                                                                                                         2014   ..........................................              0
                                                The Keweenaw Waterway runs                               2015   ..........................................              0   designated a ‘‘significant regulatory
                                                northwesterly to southeasterly and                                                                                          action,’’ under Executive Order 12866.


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                                                66810            Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Rules and Regulations

                                                Accordingly, it has not been reviewed                    question or complain about this rule or               figure 2–1, paragraph (32)(e), of the
                                                by the Office of Management and                          any policy or action of the Coast Guard.              Instruction.
                                                Budget.                                                                                                           Under figure 2–1, paragraph (32)(e), of
                                                                                                         C. Collection of Information                          the Instruction, an environmental
                                                   This regulatory action determination
                                                is based on the ability that vessels can                   This rule calls for no new collection               analysis checklist and a categorical
                                                still transit the bridge given advanced                  of information under the Paperwork                    exclusion determination are not
                                                notice during times when vessel traffic                  Reduction Act of 1995 (44 U.S.C. 3501–                required for this rule.
                                                is at its lowest.                                        3520).
                                                                                                                                                               G. Protest Activities
                                                B. Impact on Small Entities                              D. Federalism and Indian Tribal                         The Coast Guard respects the First
                                                                                                         Government                                            Amendment rights of protesters.
                                                   The Regulatory Flexibility Act of 1980
                                                (RFA), 5 U.S.C. 601–612, as amended,                        A rule has implications for federalism             Protesters are asked to contact the
                                                requires federal agencies to consider the                under Executive Order 13132,                          person listed in the FOR FURTHER
                                                potential impact of regulations on small                 Federalism, if it has a substantial direct            INFORMATION CONTACT section to
                                                entities during rulemaking. The term                     effect on the States, on the relationship             coordinate protest activities so that your
                                                ‘‘small entities’’ comprises small                       between the national government and                   message can be received without
                                                businesses, not-for-profit organizations                 the States, or on the distribution of                 jeopardizing the safety or security of
                                                that are independently owned and                         power and responsibilities among the                  people, places or vessels.
                                                operated and are not dominant in their                   various levels of government. We have
                                                                                                         analyzed this rule under that Order and               List of Subjects in 33 CFR Part 117
                                                fields, and governmental jurisdictions
                                                                                                         have determined that it is consistent                   Bridges.
                                                with populations of less than 50,000.
                                                The Coast Guard did not receive any                      with the fundamental federalism                         For the reasons discussed in the
                                                comments from the Small Business                         principles and preemption requirements                preamble, the Coast Guard amends 33
                                                Administration on this rule. The Coast                   described in Executive Order 13132.                   CFR part 117 as follows:
                                                                                                            Also, this rule does not have tribal
                                                Guard certifies under 5 U.S.C. 605(b)                                                                          PART 117—DRAWBRIDGE
                                                                                                         implications under Executive Order
                                                that this rule would not have a                                                                                OPERATION REGULATIONS
                                                                                                         13175, Consultation and Coordination
                                                significant economic impact on a
                                                                                                         with Indian Tribal Governments,
                                                substantial number of small entities.                                                                          ■ 1. The authority citation for part 117
                                                                                                         because it would not have a substantial
                                                This rule would not have a significant                                                                         continues to read as follows:
                                                                                                         direct effect on one or more Indian
                                                economic impact on any vessel owner                                                                              Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                         tribes, on the relationship between the
                                                or operator because the bridges will                                                                           and Department of Homeland Security
                                                                                                         Federal Government and Indian tribes,
                                                open with advance notice during low                                                                            Delegation No. 0170.1.
                                                                                                         or on the distribution of power and
                                                traffic times on the waterway or when                                                                              2. Revise § 117.635 to read as follows:
                                                                                                         responsibilities between the Federal                  ■
                                                ice conditions hinder normal
                                                                                                         Government and Indian tribes.
                                                navigation.                                                                                                    § 117.635   Keweenaw Waterway.
                                                   While some owners or operators of                     E. Unfunded Mandates Reform Act                          The draw of the US41 bridge, mile
                                                vessels intending to transit the bridges                   The Unfunded Mandates Reform Act                    16.0 between Houghton and Hancock,
                                                may be small entities, for the reasons                   of 1995 (2 U.S.C. 1531–1538) requires                 shall open on signal; except that from
                                                stated in section V.A above, this rule                   Federal agencies to assess the effects of             April 15 through December 14, between
                                                would not have a significant economic                    their discretionary regulatory actions. In            midnight and 4 a.m., the draw shall be
                                                impact on any vessel owner or operator.                  particular, the Act addresses actions                 placed in the intermediate position and
                                                   Under section 213(a) of the Small                     that may result in the expenditure by a               open on signal if at least 2 hours notice
                                                Business Regulatory Enforcement                          State, local, or tribal government, in the            is given. From December 15 through
                                                Fairness Act of 1996 (Pub. L. 104–121),                  aggregate, or by the private sector of                April 14 the draw shall open on signal
                                                we want to assist small entities in                      $100,000,000 (adjusted for inflation) or              if at least 12 hours notice is given.
                                                understanding this rule. If the rule                     more in any one year. Though this rule                   Dated: September 15, 2016.
                                                would affect your small business,                        will not result in such an expenditure,               J.E. Ryan,
                                                organization, or governmental                            we do discuss the effects of this rule                Rear Admiral, U.S. Coast Guard, Commander,
                                                jurisdiction and you have questions                      elsewhere in this preamble.                           Ninth Coast Guard District.
                                                concerning its provisions or options for
                                                                                                         F. Environment                                        [FR Doc. 2016–23576 Filed 9–28–16; 8:45 am]
                                                compliance, please contact the person
                                                                                                                                                               BILLING CODE 9110–04–P
                                                listed in the FOR FURTHER INFORMATION                      We have analyzed this rule under
                                                CONTACT, above. Small businesses may                     Department of Homeland Security
                                                send comments on the actions of                          Management Directive 023–01 and                       DEPARTMENT OF HOMELAND
                                                Federal employees who enforce, or                        Commandant Instruction M16475.lD,                     SECURITY
                                                otherwise determine compliance with,                     which guides the Coast Guard in
                                                Federal regulations to the Small                         complying with the National                           Coast Guard
                                                Business and Agriculture Regulatory                      Environmental Policy Act of 1969
                                                Enforcement Ombudsman and the                            (NEPA) (42 U.S.C. 4321–4370f), and                    33 CFR Part 165
                                                Regional Small Business Regulatory                       have made a determination that this
                                                Fairness Boards. The Ombudsman                           action is one of a category of actions                [Docket No. USCG–2016–0825]
mstockstill on DSK3G9T082PROD with RULES




                                                evaluates these actions annually and                     which do not individually or                          RIN 1625–AA00
                                                rates each agency’s responsiveness to                    cumulatively have a significant effect on
                                                small business. If you wish to comment                   the human environment. This rule                      Safety Zone: Monte Foundation
                                                on actions by employees of the Coast                     simply promulgates the operating                      Fireworks Extravaganza, Capitola, CA
                                                Guard, call 1–888–REG–FAIR (1–888–                       regulations or procedures for                         AGENCY:    Coast Guard, DHS.
                                                734–3247). The Coast Guard will not                      drawbridges. This action is categorically
                                                                                                                                                               ACTION:   Temporary final rule.
                                                retaliate against small entities that                    excluded from further review, under


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Document Created: 2016-09-29 04:13:58
Document Modified: 2016-09-29 04:13:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective October 31, 2016.
ContactIf 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]
FR Citation81 FR 66808 
RIN Number1625-AA09

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