Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 59799 

Dated: August 24, 2023. 

Richard P. Armstrong, 

Captain, U.S. Coast Guard, Captain of the 

Port Detroit. 

[FR Doc. 2023–18713 Filed 8–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2022–0237] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Keweenaw Waterway, Between 

Houghton and Hancock, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is altering 

the operating schedule that governs the 

US41 Bridge, mile 16.0, over the 

Keweenaw Waterway between the 

towns of Houghton and Hancock, 

Michigan. This change is being made at 

the request of the Michigan Department 

of Transportation, who owns and 

operates this bridge. 

DATES: This rule is effective September 

29, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number USCG–2022–0237 in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Lee D. Soule, Bridge 

Management Specialist, Ninth Coast 

Guard District; telephone 216–902– 

6085, email Lee.D.Soule@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations [Delete/Add 

Any Abbreviations Not Used/Used in 

This Document] 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

IGLD85 International Great Lakes Datum of 

1985 

LWD Low Water Datum Based on IGLD85 

OMB Office of Management and Budget 

MDOT Michigan Department of 

Transportation 

NPRM Notice of Proposed Rulemaking 

(Advance, Supplemental) 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The US41 Bridge, mile 16.0, over the 

Keweenaw Waterway between the 

towns of Houghton and Hancock, 

Michigan, is owned and operated by 

MDOT and is the only crossing over the 

waterway. The US41 Bridge, mile 16.0, 

over the Keweenaw Waterway is a 

combination highway and railroad 

double deck lift bridge that provides a 

horizontal clearance of 7-feet in the 

down position, 103-feet in the open 

position, and 35-feet in the intermediate 

position above LWD. 

The Keweenaw Waterway divides the 

Keweenaw Peninsula and is in the 

middle of the south shore of Lake 

Superior, a Great Lake known for 

hazardous weather conditions. 

The Federal Government improved 

the Keweenaw Waterway in 1861 to 

accommodate interstate commerce and 

create a harbor of safe refuge for vessels 

caught in bad weather and is located 

halfway between Duluth, Minnesota and 

Sault Ste. Marie, Michigan. Commercial 

vessels, including some over 700-feet in 

length, and powered and non-powered 

recreational vessels utilize the 

waterway. The passenger vessel 

RANGER III operates from the east side 

of the US41 Bridge, mile 16.0, over the 

Keweenaw Waterway to Isle Royal and 

is operated by the National Park Service 

with a capacity of 128-passengers. A 

U.S. Coast Guard Station is located at 

the far west end of the waterway. 

The bridge has special operating 

conditions listed in 33 CFR 117.635 that 

requires the bridge to open on signal; 

except that from April 15 through 

December 14, between midnight and 4 

a.m., the draw shall be placed in the 

intermediate position and open on 

signal if at least 2 hours’ notice is given. 

From December 15 through April 14 the 

draw shall open on signal if at least 12 

hours’ notice is given. 

On May 19, 2022, we published in the 

Federal Register (87 FR 30418) a notice 

of temporary deviation from regulations; 

request for comments to test a change to 

the drawbridge operation schedule to 

determine whether a permanent change 

to the schedule was needed. The Coast 

Guard sought comments from the public 

regarding the proposed changes. This 

deviation was effective from 7 a.m. on 

May 26, 2022, through 7 p.m. on 

September 6, 2022. Comments and 

related material had to reach the Coast 

Guard on or before November 1, 2022. 

In this document we provided data of 

three years of drawtender logs and 

average daily vehicle crossings provided 

by MDOT. 

On April 12, 2023, we published in 

the Federal Register (88 FR 21940) a 

notice of proposed rulemaking 

proposing a permanent change to the 

bridge’s operating schedule. Comments 

and related material were required to be 

received by the Coast Guard on or before 

June 12, 2023. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority 33 U.S.C. 499. 

The Michigan Department of 

Transportation, who owns and operates 

the bridge, requested a change to the 

drawbridge operation schedule to help 

facilitate all modes of transportation at 

the bridge. 

IV. Discussion of Comments 

We received only two comments on 

the proposed rule and one was a 

duplication of the other. The commenter 

was in full support of the rule and no 

changes have been made as a result. 

Ben Larson, Houghton County 

Administrator, on behalf of the 

residents, looked forward to the 

approval of the new regulation 

becoming. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, it 

has not been reviewed by the Office of 

Management and Budget (OMB). 

This regulatory action determination 

is based on the ability that vessels can 

still transit the bridge given advanced 

notice or that the scheduled openings 

will provide for the reasonable needs of 

navigation. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 


lotter on DSK11XQN23PROD with RULES1
59800 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Rules and Regulations 

with populations of less than 50,000. 

The Coast Guard did not receive any 

comments from the Small Business 

Administration on this rule. The Coast 

Guard certifies under 5 U.S.C. 605(b) 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the bridge 

may be small entities, for the reasons 

stated in section V. A above, this rule 

will not have a significant economic 

impact on any vessel owner or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

We did not receive any comments 

regarding Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal Government, in 

the aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. We did not 

receive any comments regarding the 

Unfunded Mandates Reform Act of 

1995. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 00170.1. Revision No. 01.3. 

■ 2. Revise § 117.635 Keweenaw 

Waterway to read as follows: 

§ 117.635 Keweenaw Waterway. 

(a) The draw of the U.S. 41 Bridge, 

mile 16, shall open on signal, except 

that: 

(1) From April 15 through December 

14, between the hours of 7 a.m. and 7 

p.m. Monday through Friday, less 

Federal holidays, the bridge shall open 

on signal from five minutes before to 

five minutes after the hour and half 

hour for vessels. Documented vessels 

over 300-feet shall not be held at the 

bridge but will be passed as soon as 

possible. 

(2) From April 15 through December 

14 between midnight and 4 a.m. daily, 

the draw shall be placed in the 

intermediate position and open on 

signal if at least 2 hours’ notice is given. 

(3) From December 15 through April 

14 the draw shall open on signal if at 

least 12 hours’ notice is given. 

(b) [Reserved] 

Jonathan Hickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Ninth Coast Guard District. 

[FR Doc. 2023–18739 Filed 8–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0639] 

RIN 1625–AA00 

Safety Zone; Grosse Pointe Farms 

Fireworks, Lake St. Clair, Grosse 

Pointe Farms, MI 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters within Lake St. 

Clair in Grosse Pointe Farms, MI. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

during a fireworks event. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Detroit. 

DATES: This rule is effective from 9:30 

p.m. through 10:30 p.m. on September 

2, 2023, and in the case of inclement 

weather from 9:30 p.m. through 10:30 

p.m. on September 3, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 


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