81_FR_48511 81 FR 48369 - Drawbridge Operation Regulation; Keweenaw Waterway, Houghton and Hancock, MI

81 FR 48369 - Drawbridge Operation Regulation; Keweenaw Waterway, Houghton and Hancock, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 142 (July 25, 2016)

Page Range48369-48371
FR Document2016-17544

The Coast Guard proposes to change the operating schedule that governs the US41 bridge, mile 16.0 over the Keweenaw Waterway between the towns of Houghton and Hancock, Michigan. The Michigan Department of Transportation (MDOT) has requested a review of the current operating schedule of the drawbridge due to a lack of openings during the early morning hours. They have also requested to expand and modify the current winter operating schedule.

Federal Register, Volume 81 Issue 142 (Monday, July 25, 2016)
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Proposed Rules]
[Pages 48369-48371]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17544]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0582
RIN 1625-AA09


Drawbridge Operation Regulation; Keweenaw Waterway, Houghton and 
Hancock, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the operating schedule that 
governs the US41 bridge, mile 16.0 over the Keweenaw Waterway between 
the towns of Houghton and Hancock, Michigan. The Michigan Department of 
Transportation (MDOT) has requested a review of the current operating 
schedule of the drawbridge due to a lack of openings during the early 
morning hours. They have also requested to expand and modify the 
current winter operating schedule.

DATES: Comments and related material must reach the Coast Guard on or 
before August 24, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0582 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Lee D. Soule, Bridge Management Specialist, 
U.S. Coast Guard; telephone 216-650-5408, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
MDOT Michigan Department of Transportation
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    MDOT has requested to change the operating schedule of the US41 
bridge at mile 16.0. The US41 bridge is the only crossing over the 
Keweenaw Waterway and connects the towns of Houghton and Hancock, 
Michigan. The current operating schedule has been in place for 
approximately 31 years and the use of the waterway has significantly 
changed, prompting the request to modify the current regulation.
    Keweenaw Peninsula is the northernmost part of Michigan's Upper 
Peninsula projecting into Lake Superior. The Keweenaw Waterway runs 
northwesterly to southeasterly and separates the peninsula from the 
mainland making the US41 bridge the only bridge crossing for residents 
and visitors to the peninsula.
    The Keweenaw Waterway is used by recreational, commercial, 
inspected and uninspected passenger, and towing vessels. The US41 
bridge is a vertical lift type drawbridge and provides a horizontal 
clearance of 250 feet, a vertical clearance of 103 feet in the fully 
open position, a vertical clearance of 7 feet in the closed position, 
and a vertical clearance of 35 feet in the intermediate position. The 
US41 bridge is a bi-level bridge originally designed with the upper 
level providing access for automobiles and the lower level providing 
access for rail, oversized vehicles, and snowmobiles.
    The rail service to the peninsula has been discontinued and 
oversized vehicles must provide advance notice to the state before 
traveling over the road to the peninsula. Most recreational and 
commercial vessel traffic, including passenger vessel services, end 
prior to November 15 each year and do not resume services until after 
May 7 due to the formation of ice in the waterway. Large commercial 
freighter vessels do not routinely pass through the Keweenaw Waterway.
    The current regulation, 33 CFR 117.635, requires the bridge to 
operate with a 24-hour advance notice for openings from January 1 
through March 15 each year. From March 16 through December 31 the 
bridge opens on signal at all times.

III. Discussion of Proposed Rule

    This rule proposes to amend 33 CFR 117.635 in accordance with the 
below described changes. The table below shows total bridge opening 
data provided by MDOT, from April 16 to December 14, between the hours 
of midnight and 4 a.m., for the past 6 years.

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

    This proposed rule would allow the bridge to operate with at least 
a 2-hour advance notice for openings from April 15 through December 14 
between the hours of midnight and 4 a.m. During these hours no bridge 
tender will be required at the bridge. The bridge will be placed in the 
intermediate position during this 4-hour time period providing a 
vertical clearance of 35 feet. Vessels requiring a full bridge opening 
will still be able to obtain an opening with a 2-hour advance notice. 
Vessels may also go around the peninsula to avoid passing through the 
bridge.
    The table below shows the total bridge opening data provided by 
MDOT, between December 15 and April 15, for the past 5 years.

------------------------------------------------------------------------
                          Year                               Openings
------------------------------------------------------------------------
2011...................................................               0

[[Page 48370]]

 
2012...................................................               1
2013...................................................               5
2014...................................................               0
2015...................................................               0
------------------------------------------------------------------------

    This proposed rule would allow the bridge to operate with at least 
a 12-hour advance notice for openings from December 15 through April 
14. During these hours no bridge tender will be required at the bridge. 
Vessels may also go around the peninsula to avoid passing under the 
bridge.
    At all other times, the bridge will continue to open on signal.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the infrequent 
requests for openings and the ability of vessels to still transit the 
bridge given advanced notice. Additionally, vessels may go around the 
peninsula.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section IV.A above this proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under figure 2-
1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment

[[Page 48371]]

applies, and provide a reason for each suggestion or recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.635 to read as follows:


Sec.  117.635  Keweenaw Waterway

    The draw of the US41 bridge, mile 16.0 between Houghton and 
Hancock, shall open on signal; except that from April 15 through 
December 14, between midnight and 4 a.m., the draw shall be placed in 
the intermediate position and open on signal if at least 2 hours notice 
is given. From December 15 through April 14 the draw shall open on 
signal if at least 12 hours notice is given.

    Dated: July 12, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-17544 Filed 7-22-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                              Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Proposed Rules                                                             48369

                                                    Web site that stakeholders can use to                    openings during the early morning                     clearance of 35 feet in the intermediate
                                                    adjust the weights of the proposed                       hours. They have also requested to                    position. The US41 bridge is a bi-level
                                                    factors and determine the resulting                      expand and modify the current winter                  bridge originally designed with the
                                                    PPRN. This tool can be used to explore                   operating schedule.                                   upper level providing access for
                                                    formula options, using the factors listed                DATES: Comments and related material                  automobiles and the lower level
                                                    above, other than the four formula                       must reach the Coast Guard on or before               providing access for rail, oversized
                                                    options already published by HUD on                      August 24, 2016.                                      vehicles, and snowmobiles.
                                                    its Web site. Using all of this                          ADDRESSES: You may submit comments                       The rail service to the peninsula has
                                                    information, HUD seeks comment on                        identified by docket number USCG–                     been discontinued and oversized
                                                    the proposed formulas made available                     2016–0582 using Federal eRulemaking                   vehicles must provide advance notice to
                                                    as well as any new formulas and factors                  Portal at http://www.regulations.gov.                 the state before traveling over the road
                                                    relevant to the goals and objectives of                    See the ‘‘Public Participation and                  to the peninsula. Most recreational and
                                                    the CoC program for HUD to consider.                     Request for Comments’’ portion of the                 commercial vessel traffic, including
                                                       Additionally, HUD acknowledges that                   SUPPLEMENTARY INFORMATION section                     passenger vessel services, end prior to
                                                    each of the proposed formula options                     below for instructions on submitting                  November 15 each year and do not
                                                    will result in the PPRN amounts of some                  comments.                                             resume services until after May 7 due to
                                                    CoCs decreasing. To prevent against a                                                                          the formation of ice in the waterway.
                                                                                                             FOR FURTHER INFORMATION CONTACT: If
                                                    CoC losing a substantial amount of                                                                             Large commercial freighter vessels do
                                                    PPRN in a given year, HUD is                             you have questions on this proposed                   not routinely pass through the
                                                    considering including language that                      rule, call or email Mr. Lee D. Soule,                 Keweenaw Waterway.
                                                    would prevent a CoC from losing more                     Bridge Management Specialist, U.S.                       The current regulation, 33 CFR
                                                    than a certain portion of their PPRN. For                Coast Guard; telephone 216–650–5408,                  117.635, requires the bridge to operate
                                                    example, if a CoC’s current PPRN                         email Lee.D.Soule@uscg.mil.                           with a 24-hour advance notice for
                                                    amount is $2.5 million and a newly                       SUPPLEMENTARY INFORMATION:                            openings from January 1 through March
                                                    adopted PPRN formula would result in                     I. Table of Abbreviations                             15 each year. From March 16 through
                                                    the CoC’s PPRN amount being reduced                                                                            December 31 the bridge opens on signal
                                                    to $1.7 million, HUD could consider                      CFR Code of Federal Regulations                       at all times.
                                                                                                             DHS Department of Homeland Security
                                                    language that would provide the CoC                                                                            III. Discussion of Proposed Rule
                                                                                                             E.O. Executive order
                                                    with more than $1.7 million in PPRN,                     FR Federal Register
                                                    but less than $2.5 million. HUD seeks                                                                             This rule proposes to amend 33 CFR
                                                                                                             MDOT Michigan Department of
                                                    comment on this proposal and also,                         Transportation
                                                                                                                                                                   117.635 in accordance with the below
                                                    what the appropriate amount or portion                   NPRM Notice of proposed rulemaking                    described changes. The table below
                                                    to be protected should be.                               SNPRM Supplemental notice of proposed                 shows total bridge opening data
                                                       HUD welcomes other comments on                          rulemaking                                          provided by MDOT, from April 16 to
                                                    how the CoC formula may be improved.                     Pub. L. Public Law                                    December 14, between the hours of
                                                                                                             § Section                                             midnight and 4 a.m., for the past 6
                                                      Dated: July 19, 2016.                                  U.S.C. United States Code                             years.
                                                    Harriet Tregoning,
                                                    Principal Deputy Assistant Secretary for                 II. Background, Purpose and Legal
                                                                                                                                                                                     Year                           Openings
                                                    Community Planning and Development.                      Basis
                                                    [FR Doc. 2016–17567 Filed 7–22–16; 8:45 am]                 MDOT has requested to change the                   2010    ......................................               4
                                                    BILLING CODE 4210–67–P                                   operating schedule of the US41 bridge at              2011    ......................................               6
                                                                                                             mile 16.0. The US41 bridge is the only                2012    ......................................               6
                                                                                                             crossing over the Keweenaw Waterway                   2013    ......................................              10
                                                                                                                                                                   2014    ......................................               7
                                                    DEPARTMENT OF HOMELAND                                   and connects the towns of Houghton                    2015    ......................................               6
                                                    SECURITY                                                 and Hancock, Michigan. The current
                                                                                                             operating schedule has been in place for                This proposed rule would allow the
                                                    Coast Guard                                              approximately 31 years and the use of                 bridge to operate with at least a 2-hour
                                                                                                             the waterway has significantly changed,               advance notice for openings from April
                                                    33 CFR Part 117                                          prompting the request to modify the                   15 through December 14 between the
                                                    [Docket No. USCG–2016–0582                               current regulation.                                   hours of midnight and 4 a.m. During
                                                                                                                Keweenaw Peninsula is the                          these hours no bridge tender will be
                                                    RIN 1625–AA09                                            northernmost part of Michigan’s Upper                 required at the bridge. The bridge will
                                                                                                             Peninsula projecting into Lake Superior.              be placed in the intermediate position
                                                    Drawbridge Operation Regulation;                         The Keweenaw Waterway runs
                                                    Keweenaw Waterway, Houghton and                                                                                during this 4-hour time period
                                                                                                             northwesterly to southeasterly and                    providing a vertical clearance of 35 feet.
                                                    Hancock, MI                                              separates the peninsula from the                      Vessels requiring a full bridge opening
                                                    AGENCY:   Coast Guard, DHS.                              mainland making the US41 bridge the                   will still be able to obtain an opening
                                                    ACTION:   Notice of proposed rulemaking.                 only bridge crossing for residents and                with a 2-hour advance notice. Vessels
                                                                                                             visitors to the peninsula.                            may also go around the peninsula to
                                                    SUMMARY:   The Coast Guard proposes to                      The Keweenaw Waterway is used by
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                                                                                                                                   avoid passing through the bridge.
                                                    change the operating schedule that                       recreational, commercial, inspected and                 The table below shows the total
                                                    governs the US41 bridge, mile 16.0 over                  uninspected passenger, and towing                     bridge opening data provided by MDOT,
                                                    the Keweenaw Waterway between the                        vessels. The US41 bridge is a vertical lift           between December 15 and April 15, for
                                                    towns of Houghton and Hancock,                           type drawbridge and provides a                        the past 5 years.
                                                    Michigan. The Michigan Department of                     horizontal clearance of 250 feet, a
                                                    Transportation (MDOT) has requested a                    vertical clearance of 103 feet in the fully                             Year                           Openings
                                                    review of the current operating schedule                 open position, a vertical clearance of 7
                                                    of the drawbridge due to a lack of                       feet in the closed position, and a vertical                             2011                              0



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                                                    48370                     Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Proposed Rules

                                                                 Year                       Openings         may be small entities, for the reasons                E. Unfunded Mandates Reform Act
                                                                                                             stated in section IV.A above this                       The Unfunded Mandates Reform Act
                                                                 2012                            1           proposed rule would not have a                        of 1995 (2 U.S.C. 1531–1538) requires
                                                                 2013                            5           significant economic impact on any
                                                                 2014                            0
                                                                                                                                                                   Federal agencies to assess the effects of
                                                                                                             vessel owner or operator.                             their discretionary regulatory actions. In
                                                                 2015                            0              If you think that your business,                   particular, the Act addresses actions
                                                                                                             organization, or governmental                         that may result in the expenditure by a
                                                      This proposed rule would allow the                     jurisdiction qualifies as a small entity
                                                    bridge to operate with at least a 12-hour                                                                      State, local, or tribal government, in the
                                                                                                             and that this rule would have a                       aggregate, or by the private sector of
                                                    advance notice for openings from                         significant economic impact on it,
                                                    December 15 through April 14. During                                                                           $100,000,000 (adjusted for inflation) or
                                                                                                             please submit a comment (see                          more in any one year. Though this
                                                    these hours no bridge tender will be                     ADDRESSES) explaining why you think it
                                                    required at the bridge. Vessels may also                                                                       proposed rule will not result in such an
                                                                                                             qualifies and how and to what degree                  expenditure, we do discuss the effects of
                                                    go around the peninsula to avoid                         this rule would economically affect it.
                                                    passing under the bridge.                                                                                      this proposed rule elsewhere in this
                                                                                                                Under section 213(a) of the Small
                                                      At all other times, the bridge will                                                                          preamble.
                                                                                                             Business Regulatory Enforcement
                                                    continue to open on signal.                              Fairness Act of 1996 (Public Law 104–                 F. Environment
                                                    IV. Regulatory Analyses                                  121), we want to assist small entities in               We have analyzed this proposed rule
                                                                                                             understanding this proposed rule. If the              under Department of Homeland
                                                      We developed this proposed rule after                  rule would affect your small business,
                                                    considering numerous statutes and                                                                              Security Management Directive 023–01
                                                                                                             organization, or governmental                         and Commandant Instruction
                                                    Executive Orders related to rulemaking.                  jurisdiction and you have questions                   M16475.lD, which guides the Coast
                                                    Below we summarize our analyses                          concerning its provisions or options for              Guard in complying with the National
                                                    based on these statutes and Executive                    compliance, please contact the person                 Environmental Policy Act of 1969
                                                    Orders and we discuss First                              listed in the FOR FURTHER INFORMATION                 (NEPA)(42 U.S.C. 4321–4370f), and
                                                    Amendment rights of protestors.                          CONTACT, above. The Coast Guard will                  have made a preliminary determination
                                                    A. Regulatory Planning and Review                        not retaliate against small entities that             that this action is one of a category of
                                                                                                             question or complain about this                       actions which do not individually or
                                                       Executive Orders 12866 and 13563                      proposed rule or any policy or action of
                                                    direct agencies to assess the costs and                                                                        cumulatively have a significant effect on
                                                                                                             the Coast Guard.                                      the human environment. This proposed
                                                    benefits of available regulatory
                                                    alternatives and, if regulation is                       C. Collection of Information                          rule simply promulgates the operating
                                                    necessary, to select regulatory                                                                                regulations or procedures for
                                                                                                               This proposed rule would call for no                drawbridges. Normally such actions are
                                                    approaches that maximize net benefits.                   new collection of information under the               categorically excluded from further
                                                    Executive Order 13563 emphasizes the                     Paperwork Reduction Act of 1995 (44                   review, under figure 2–1, paragraph
                                                    importance of quantifying both costs                     U.S.C. 3501–3520.).                                   (32)(e), of the Instruction.
                                                    and benefits, of reducing costs, of                                                                              Under figure 2–1, paragraph (32)(e), of
                                                    harmonizing rules, and of promoting                      D. Federalism and Indian Tribal
                                                                                                             Government                                            the Instruction, an environmental
                                                    flexibility. This NPRM has not been                                                                            analysis checklist and a categorical
                                                    designated a ‘‘significant regulatory                       A rule has implications for federalism             exclusion determination are not
                                                    action,’’ under Executive Order 12866.                   under Executive Order 13132,                          required for this rule. We seek any
                                                    Accordingly, the NPRM has not been                       Federalism, if it has a substantial direct            comments or information that may lead
                                                    reviewed by the Office of Management                     effect on the States, on the relationship             to the discovery of a significant
                                                    and Budget.                                              between the national government and                   environmental impact from this
                                                       This regulatory action determination                  the States, or on the distribution of                 proposed rule.
                                                    is based on the infrequent requests for                  power and responsibilities among the
                                                    openings and the ability of vessels to                   various levels of government. We have                 G. Protest Activities
                                                    still transit the bridge given advanced                  analyzed this proposed rule under that                  The Coast Guard respects the First
                                                    notice. Additionally, vessels may go                     Order and have determined that it is                  Amendment rights of protesters.
                                                    around the peninsula.                                    consistent with the fundamental                       Protesters are asked to contact the
                                                                                                             federalism principles and preemption                  person listed in the FOR FURTHER
                                                    B. Impact on Small Entities
                                                                                                             requirements described in Executive                   INFORMATION CONTACT section to
                                                       The Regulatory Flexibility Act of 1980                Order 13132.                                          coordinate protest activities so that your
                                                    (RFA), 5 U.S.C. 601–612, as amended,                        Also, this proposed rule does not have             message can be received without
                                                    requires federal agencies to consider the                tribal implications under Executive                   jeopardizing the safety or security of
                                                    potential impact of regulations on small                 Order 13175, Consultation and                         people, places or vessels.
                                                    entities during rulemaking. The term                     Coordination with Indian Tribal
                                                    ‘‘small entities’’ comprises small                       Governments, because it would not have                V. Public Participation and Request for
                                                    businesses, not-for-profit organizations                 a substantial direct effect on one or                 Comments
                                                    that are independently owned and                         more Indian tribes, on the relationship                 We view public participation as
                                                    operated and are not dominant in their                   between the Federal Government and                    essential to effective rulemaking, and
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    fields, and governmental jurisdictions                   Indian tribes, or on the distribution of              will consider all comments and material
                                                    with populations of less than 50,000.                    power and responsibilities between the                received during the comment period.
                                                    The Coast Guard certifies under 5 U.S.C.                 Federal Government and Indian tribes.                 Your comment can help shape the
                                                    605(b) that this proposed rule would not                 If you believe this proposed rule has                 outcome of this rulemaking. If you
                                                    have a significant economic impact on                    implications for federalism or Indian                 submit a comment, please include the
                                                    a substantial number of small entities.                  tribes, please contact the person listed              docket number for this rulemaking,
                                                    While some owners or operators of                        in the FOR FURTHER INFORMATION                        indicate the specific section of this
                                                    vessels intending to transit the bridge                  CONTACT section above.                                document to which each comment


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                                                                              Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Proposed Rules                                                   48371

                                                    applies, and provide a reason for each                   LIBRARY OF CONGRESS                                   terms for the section 115 license. 17
                                                    suggestion or recommendation.                                                                                  U.S.C. 801(b)(1), 804(b)(4). Accordingly,
                                                       We encourage you to submit                            Copyright Royalty Board                               the Judges commenced the current
                                                    comments through the Federal                                                                                   proceeding in January 2016, by
                                                    eRulemaking Portal at http://                            37 CFR Part 385                                       publishing notice of the commencement
                                                    www.regulations.gov. If your material                    [Docket No. 16–CRB–0003–PR (2018–2022)]               and a request that interested parties
                                                    cannot be submitted using http://                                                                              submit petitions to participate. See 81
                                                    www.regulations.gov, contact the person                  Determination of Rates and Terms for                  FR 255 (Jan. 5, 2016).
                                                    in the FOR FURTHER INFORMATION                           Making and Distributing Phonorecords                     The Judges received petitions to
                                                    CONTACT section of this document for                     (Phonorecords III)                                    participate in the current proceeding
                                                    alternate instructions.                                                                                        from Amazon Digital Services, Inc.;
                                                                                                             AGENCY:  Copyright Royalty Board,                     Apple, Inc.; American Society of
                                                       We accept anonymous comments. All                     Library of Congress.                                  Composers, Authors and Publishers
                                                    comments received will be posted                                                                               (ASCAP); Broadcast Music, Inc. (BMI);
                                                                                                             ACTION: Proposed rule.
                                                    without change to http://                                                                                      Church Music Publishers Association;
                                                    www.regulations.gov and will include                     SUMMARY:   The Copyright Royalty Judges               David Powell; Deezer S.A.; Digital
                                                    any personal information you have                        publish for comment proposed                          Media Association (DiMA); Gear
                                                    provided. For more about privacy and                     regulations that set rates and terms                  Publishing Co; GEO Music Group;
                                                    the docket, you may review a Privacy                     applicable during the period beginning                Google, Inc.; Music Reports, Inc.;
                                                    Act notice regarding the Federal Docket                  January 1, 2018, and ending December                  Nashville Songwriters Association
                                                    Management System in the March 24,                       31, 2022, for the section 115 statutory               International; National Music Publishers
                                                    2005, issue of the Federal Register (70                  license for making and distributing                   Association; Harry Fox Agency;
                                                    FR 15086).                                               phonorecords of nondramatic musical                   Omnifone Group Limited; Pandora
                                                       Documents mentioned in this notice,                   works.                                                Media, Inc.; Recording Industry
                                                    and all public comments, are in our                      DATES:  Comments and objections, if any,              Association of America, Inc. (RIAA);
                                                    online docket at http://                                 are due no later than August 24, 2016.                Rhapsody International, Inc.;
                                                    www.regulations.gov and can be viewed                                                                          Songwriters of North America; Sony
                                                                                                             ADDRESSES: The proposed rule is posted
                                                    by following that Web site’s                                                                                   Music Entertainment; SoundCloud
                                                                                                             on the agency’s Web site (www.loc.gov/
                                                    instructions. Additionally, if you go to                                                                       Limited; Spotify USA Inc.; Universal
                                                                                                             crb) and on the web at Regulations.gov
                                                    the online docket and sign up for email                                                                        Music Group (UMG); and Warner Music
                                                                                                             (www.regulations.gov). Interested
                                                    alerts, you will be notified when                                                                              Group (WMG).
                                                                                                             parties should submit electronic
                                                    comments are posted or a final rule is                                                                            The Judges gave notice to all
                                                                                                             comments via email to crb@loc.gov.
                                                    published.                                                                                                     participants of the three-month
                                                                                                             Those who chose not to submit
                                                                                                                                                                   negotiation period required by 17 U.S.C.
                                                    List of Subjects in 33 CFR Part 117                      comments electronically should see
                                                                                                                                                                   803(b)(3) and directed that, if the
                                                                                                             How to Submit Comments in the
                                                        Bridges.                                                                                                   participants were unable to negotiate a
                                                                                                             SUPPLEMENTARY INFORMATION section
                                                                                                                                                                   settlement, they should submit Written
                                                      For the reasons discussed in the                       below for physical addresses and further
                                                                                                                                                                   Direct Statements no later than October
                                                    preamble, the Coast Guard proposes to                    instructions.
                                                                                                                                                                   3, 2016. On June 15, 2016, the Judges
                                                    amend 33 CFR part 117 as follows:                        FOR FURTHER INFORMATION CONTACT:                      received a motion stating that several
                                                                                                             Kimberly Whittle, Attorney Advisor, by                participants 1 had reached a partial
                                                    PART 117—DRAWBRIDGE                                      telephone at (202) 707–7658, or by
                                                    OPERATION REGULATIONS                                                                                          settlement ‘‘among a significant portion
                                                                                                             email at crb@loc.gov.                                 of the sound recording and music
                                                                                                             SUPPLEMENTARY INFORMATION:                            publishing industries’’ regarding the
                                                    ■ 1. The authority citation for part 117
                                                    continues to read as follows:                            Background                                            rates and terms under Section 115 of the
                                                                                                                                                                   Copyright Act for physical
                                                      Authority: 33 U.S.C. 499; 33 CFR 1.05–1;                  Section 115 of the Copyright Act, title            phonorecords, permanent digital
                                                    Department of Homeland Security Delegation               17 of the United States Code, requires a              downloads, and ringtones for 2018–
                                                    No. 0170.1.                                              copyright owner of a nondramatic                      2022 rate period and seeking approval
                                                    ■   2. Revise § 117.635 to read as follows:              musical work to grant a license (also                 of that partial settlement. See Joint
                                                                                                             known as the ‘‘mechanical’’ compulsory                Motion to Adopt Partial Settlement,
                                                    § 117.635      Keweenaw Waterway                         license) to any person who wants to                   Docket No. 16–CRB–0003–PR (2018–
                                                       The draw of the US41 bridge, mile                     make and distribute phonorecords of                   2022) at 1 (June 15, 2016) (Motion).
                                                    16.0 between Houghton and Hancock,                       that work, provided that the copyright                   The settlement proposes ‘‘that the
                                                    shall open on signal; except that from                   owner has allowed phonorecords of the                 royalty rates and terms presently set
                                                    April 15 through December 14, between                    work to be produced and distributed,                  forth in 37 C.F.R. Part 385 Subpart A
                                                    midnight and 4 a.m., the draw shall be                   and that the licensee complies with the               should be continued for the rate period
                                                    placed in the intermediate position and                  statute and regulations. In addition to               at issue in the Proceeding, with one
                                                    open on signal if at least 2 hours notice                the production or distribution of                     minor conforming update, namely, that
                                                    is given. From December 15 through                       physical phonorecords (compact discs,                 an outdated cross reference in section
                                                                                                             vinyl, cassette tapes, and the like),
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    April 14 the draw shall open on signal                                                                         385.4 regarding statements of account be
                                                    if at least 12 hours notice is given.                    section 115 applies to digital                        updated, and that the continued rates
                                                                                                             transmissions of phonorecords,
                                                       Dated: July 12, 2016.                                 including permanent digital downloads                   1 The participants filing the motion were Church
                                                    J.E. Ryan,                                               and ringtones.                                        Music Publishers Association, Nashville
                                                    Rear Admiral, U.S. Coast Guard, Commander,                  Chapter 8 of the Copyright Act                     Songwriters Association International, National
                                                    Ninth Coast Guard District.                                                                                    Music Publishers Association, Harry Fox Agency,
                                                                                                             requires the Copyright Royalty Judges                 and Songwriters of North America (collectively self-
                                                    [FR Doc. 2016–17544 Filed 7–22–16; 8:45 am]              (Judges) to conduct proceedings every                 named the ‘‘Copyright Owners’’), and licensees
                                                    BILLING CODE 9110–04–P                                   five years to determine the rates and                 UMG and WMG.



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Document Created: 2016-07-23 02:00:50
Document Modified: 2016-07-23 02:00:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before August 24, 2016.
ContactIf you have questions on this proposed rule, call or email Mr. Lee D. Soule, Bridge Management Specialist, U.S. Coast Guard; telephone 216-650-5408, email [email protected]
FR Citation81 FR 48369 
RIN Number1625-AA09

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