[Federal Register Volume 64, Number 232 (Friday, December 3, 1999)]
[Rules and Regulations]
[Pages 67773-67774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31439]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD09-99-082]
RIN-2115-AE47
Drawbridge Operation Regulations; Keweenaw Waterway, MI
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: Commander, Ninth Coast Guard District is temporarily changing
the regulations governing the U.S. Route 41 (Houghton-Hancock) lift
bridge, mile 16.0 over Keweenaw Waterway in Houghton, Michigan. The
bridge need not open for vessel traffic and will remain in the closed-
to-navigation position from January 1, 2000, until April 25, 2000. This
temporary rule is necessary due to major rehabilitation and the need to
immobilize the bridge in the closed position for this project.
DATES: This temporary rule is effective from 12:01 a.m. on January 1,
2000, to 11:59 p.m. on April 25, 2000.
ADDRESSES: Documents concerning this temporary rule are available for
inspection and copying at 1240 East Ninth Street, Room 2019, Cleveland,
[[Page 67774]]
OH, 44199-2060 between 6:30 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (216) 902-6084.
FOR FURTHER INFORMATION CONTACT: Mr. Scot Striffler, Project Manager,
Ninth Coast Guard District Bridge Branch, at (216) 902-6084.
SUPPLEMENTARY INFORMATION:
Discussion of Temporary Rule
The owner of the bridge, Michigan Department of Transportation (M-
DOT), requested the Coast Guard approval of full closure of the bridge
to complete deck replacement work and maintenance to the operating
machinery. The regulations governing the operation of the bridge
require it to open with 24 hours advance notice from mariners between
January 1 and March 15 each year. M-DOT requested that the bridge not
be required to open at all during this time, as well as a continuation
of this status until April 25, 2000. Bridge logs submitted by M-DOT
indicated 12 openings in the month of April in 1999, all by non-
commercial vessels, with most of them occurring after April 14, 1999. A
National Park Service vessel that operates between Houghton and Isle
Royale Park required 3 of the openings in April 1999. The Park Service
was contacted to provide input on the requested closure time and
expressed no objections.
The closure dates of January 1 until April 25, 2000, were
determined by Commander Ninth Coast Guard District to be appropriate in
keeping the planned maintenance from interrupting the operations of the
bridge during the traditional boating season in the waterway. Requests
for openings by recreational boaters do not normally begin until
approximately June 1 each year.
This temporary rule is being promulgated without a notice of
proposed rulemaking. Under 5 U.S.C. 553(b)(3)(B) the Coast Guard finds
that good cause exists for not publishing an NPRM. The factors
underlying this finding include the extensive input already received
from affected mariners, limited vessel activity during the authorized
closure period due to severe weather and ice, and the need to perform
the work necessary to maintain the bridge in a safe and operable
condition during regular operating times.
Regulatory Evaluation
This temporary rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 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 this
rule under that order. It is not significant under the regulatory
policies and procedures of the Department of Transportation (DOT) (44
FR 11040; February 26, 1979).
The Coast Guard expects the economic impact of this proposed rule
to be so minimal that a full Regulatory Evaluation under paragraph 10e
of the regulatory policies and procedures of DOT is unnecessary. There
have been no bridge openings for commercial vessels in previous years
during the authorized closure period.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this temporary rule will have a
significant impact on a substantial number of small entities. ``Small
entities'' may include small businesses and 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.
Marine activity in the waterway is virtually non-existent during
the authorized closure period due to extreme weather and ice.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this
temporary rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This temporary rule does not provide for a collection-of-
information requirement under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
Federalism
The Coast Guard has analyzed this temporary rule under the
principles and criteria contained in Executive Order 13132 and has
determined that this temporary rule does not have federalism
implications under that Order.
Environment
The Coast Guard considered the environmental impact of this
temporary rule and concluded that, under figure 2-1, paragraph 32(e) of
Commandant Instruction M16475.lC, this temporary rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard
temporarily amends Part 117 of Title 33, Code of Federal Regulations,
as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for Part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Effective from 12:01 a.m., January 1, 2000, to 11:59 p.m., April
25, 2000, Sec. 117.635 is suspended and a new Sec. 117.T636 is added to
read as follows:
Sec. 117.T636 Keweenaw Waterway.
The draw of the U.S. 41 bridge, mile 16.0 over the Keweenaw
Waterway in Houghton, Michigan, need not open for the passage of
vessels and may be maintained in the closed-to-navigation position.
Dated: November 9, 1999.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 99-31439 Filed 12-2-99; 8:45 am]
BILLING CODE 4910-15-U
