[Federal Register: April 24, 2009 (Volume 74, Number 78)]
[Rules and Regulations]
[Page 18628-18630]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap09-6]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0132]
RIN 1625-AA09
Drawbridge Operation Regulation; Keweenaw Waterway, Houghton, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Commander, Ninth Coast Guard District, has approved a
temporary deviation from the regulations governing the operation of the
U.S. 41 (Sheldon Avenue) Lift Bridge, at Mile 16.0, across the Keweenaw
Waterway, in Houghton, MI. Under this temporary deviation, the U.S. 41
(Sheldon Avenue) Lift Bridge will be allowed to remain in the closed-
to-navigation position during specific dates and times. The deviation
is necessary to perform reconstruction to the city streets that access
the U.S. 41 (Sheldon Avenue) Lift Bridge.
DATES: This temporary final rule is effective from 6 a.m. on April 15,
2009, to 6 p.m. on November 15, 2009.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2009-0132 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0132
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. This material is also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Blair Stanifer, Bridge Management
Specialist, Ninth Coast Guard District, at (216) 902-6086, e-mail
William.B.Stanifer@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment
[[Page 18629]]
pursuant to authority under section 4(a) of the Administrative
Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an
agency to issue a rule without prior notice and opportunity to comment
when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists
for not publishing a notice of proposed rulemaking (NPRM) with respect
to this rule as regular users of the waterway have already been
identified and the schedule will not significantly impact navigation.
Navigation on the waterway consists mainly of tugs with tows, charter
fishing vessels and recreational craft. Commercial and public vessels
will have unencumbered use of the waterway with the U.S. 41 (Sheldon
Avenue) Lift Bridge opening on demand. Throughout the effective dates
of this temporary deviation, the U.S. 41 (Sheldon Avenue) Lift Bridge
will be in the intermediate position during the construction period,
providing 31 feet of vertical clearance at all times, giving the
majority of vessels unencumbered use of the waterway.
Under 5 U.S.C. 533(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. Similar schedules have been used
in previous maintenance periods on the U.S. 41 (Sheldon Avenue) Lift
Bridge with no adverse affects on vehicular or maritime traffic.
Background and Purpose
The Michigan Department of Transportation, on behalf of the City of
Houghton, MI (who operates this lift-type bridge) requested a temporary
deviation from the current operating schedule to perform reconstruction
work on various City of Houghton streets that affect access to and from
the U.S. 41 (Sheldon Avenue) Lift Bridge.
The U.S. 41 (Sheldon Avenue) Lift Bridge, at Mile 16.0, over the
Keweenaw Waterway in Houghton, MI, has a vertical clearance of seven
feet in the closed-to-navigation position. However, the lift span can
be stopped at intermediate elevations and will be elevated to give 31-
feet of vertical clearance for the duration of this temporary
deviation. The bridge normally operates in accordance with 33 CFR
117.635; opening on signal. However, from January 1 through March 15,
the draw opens on signal provided at least twenty-four hours notice is
given.
This deviation will allow the bridge to stay in the closed-to-
navigation position during peak daily vehicular traffic periods of:
6:30 a.m. to 8 a.m.; 11:30 a.m. to 1:00 p.m.; and 3:30 p.m. to 5:30
p.m. Except for these periods of time, openings for recreational
traffic will be made once, on the hour, if needed. Commercial and
Public vessels will continue to receive an opening on signal. For the
duration of this temporary deviation, the U.S. 41 (Sheldon Avenue) Lift
Bridge will be raised to the intermediate position giving 31-feet of
vertical clearance. As a result of prior coordination with the waterway
users and past experience, it has been determined that this temporary
deviation will not have a significant impact on these vessels as the
majority will be able to transit safely under the bridge.
The United States Coast Guard will inform the users of the waterway
through our Local and Broadcast Notice to Mariners of the opening
restrictions of the lift span to minimize transiting delays caused by
the temporary deviation.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.
Discussion of Rule
The reconstruction of Sheldon Avenue (U.S. 41) in Houghton, MI,
will necessitate the closing of said route and the redirecting of
vehicular traffic to other City of Houghton streets. Access to and from
the bridge will be adversely affected due to the increase in vehicular
traffic. Restricting the raising of the lift for recreational vessels
during peak vehicular traffic periods will facilitate traffic flow and
provide for minimal disruptions to the reconstruction of Sheldon
Avenue. Navigation users of the waterway consist mainly of tugs with
tows, commercial fishing vessels and recreational craft. As a result of
prior coordination with the waterway users and past experience, it has
been determined that this temporary deviation will not have a
significant impact on these vessels. A majority will be able to transit
safely under the bridge since it will be kept raised to an intermediate
position, providing 31-feet of vertical clearance under the bridge, for
the duration of the temporary deviation.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 rule will
not have a significant economic impact on a substantial number of small
entities. However, this rule will affect the following entities, some
of which may be small entities: the owners or operators of vessels
intending to transit the bridge from 6:30 a.m. to 8 a.m., 11:30 a.m. to
1 p.m. and 3:30 p.m. to 5:30 p.m. from April 15, 2009, through November
15, 2009. This action will not have a significant economic impact on a
substantial number of small entities for the following reasons. Most
vessels that use this waterway will still be able to safely pass the
draw while it is being kept in the intermediate position with 31-feet
of vertical clearance provided at all times. Openings for all other
vessels will still be provided on the hour. Commercial and Public
vessels will continue to receive an opening on signal. Before the
effective period, we will issue maritime advisories widely available to
users of the river.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
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
[[Page 18630]]
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.
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 0023.1 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 concluded
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 is categorically excluded, 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.
List of Subjects in 33 CFR Part 117
Bridges.
0
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; Department of Homeland
Security Delegation No. 0170.1.
0
2. From 6 a.m. on April 15, 2009, to 6 p.m. on November 15, 2009, in
Sec. 117.635, temporarily add paragraphs (a), (b), and (c).
Sec. 117.635 Keweenaw Waterway.
* * * * *
(a) From April 15 through November 15, from 6 a.m. to 8 a.m., 11:30
a.m. to 1 p.m. and 3:30 p.m. to 5:30 p.m., seven days a week, the
bridge shall not be required to open for recreational craft.
(b) At all other times, the draw of the U.S. 41 Bridge need not be
opened for the passing of recreational craft except for once an hour,
on the hour.
(c) Public vessels of the United States, state or local vessels
used for public safety, commercial vessels, and vessels in distress
shall be passed through the draw of the bridge at all times.
Dated: March 19, 2009.
D.R. Callahan,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
Acting.
[FR Doc. E9-9448 Filed 4-23-09; 8:45 am]
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