81_FR_91328 81 FR 91086 - Drawbridge Operation Regulation; Detroit River (Trenton Channel), Grosse Ile, MI

81 FR 91086 - Drawbridge Operation Regulation; Detroit River (Trenton Channel), Grosse Ile, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 242 (December 16, 2016)

Page Range91086-91088
FR Document2016-30342

The Coast Guard proposes to add permanent winter hours to the operating schedule of the Grosse Ile Toll Bridge (Bridge Road) at mile 8.8, over Trenton Channel at Grosse Ile, MI. A review of the current regulation was requested by the Grosse Ile Bridge Company, the owner of the Grosse Ile Toll Bridge (Bridge Road).

Federal Register, Volume 81 Issue 242 (Friday, December 16, 2016)
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Proposed Rules]
[Pages 91086-91088]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30342]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0988]
RIN 1625-AA09


Drawbridge Operation Regulation; Detroit River (Trenton Channel), 
Grosse Ile, MI

AGENCY:  Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to add permanent winter hours to the 
operating schedule of the Grosse Ile Toll Bridge (Bridge Road) at mile 
8.8, over Trenton Channel at Grosse Ile, MI. A review of the current 
regulation was requested by the Grosse Ile Bridge Company, the owner of 
the Grosse Ile Toll Bridge (Bridge Road).

DATES: Comments and related material must reach the Coast Guard on or 
before: January 17, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0988 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, 
Ninth Coast Guard District; telephone 216-902-6085, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose and Legal Basis

    This proposed rule was requested by the Grosse Ile Bridge Company, 
the owner of the Grosse Ile Toll Bridge (Bridge Road) to align 
drawbridge operating schedules with the Wayne County Highway Bridge 
(Grosse Ile Parkway) Bridge at mile 5.6, at Grosse Ile. The Grosse Ile 
Highway Bridge is authorized to remove drawtenders and open the 
drawbridge if at least 12-hours advance notice is provided from 
December 15 through March 15 each year. This proposed rule will make 
the current regulation easier to follow for the mariners that use the 
river system. The Grosse Ile Toll Bridge (Bridge Road) was not granted 
permanent winter hours in the past due to regular commercial traffic 
that required bridge openings during the winter months. Over the past 
two winter seasons the commercial traffic has been reduced 
significantly and waterway use through this drawbridge is equivalent to 
the volume and type of traffic that passes through the Wayne County 
Highway (Grosse Ile Parkway) Bridge that has had permanent winter hours 
for approximately 10 years. Mariners will still be able to request 
bridge openings with advance notice during times of light traffic 
volume on the river, which is due to ice formation on the Detroit River 
that typically prevents most vessel traffic from navigation in the 
channel from December 15 through March 15 each year. Additionally, 
Commander, Ninth Coast Guard District has granted annual authorization 
to the owner/operator of the Grosse Ile Toll Bridge to assume the same 
schedule during the past 10 years under authority granted in 33 CFR 
117.35.

III. Discussion of Proposed Rule

    Currently, the regulation for Grosse Ile drawbridges (33 CFR 
117.631) includes the operating schedule for the Grosse Ile Toll Bridge 
(Bridge Road) and the Wayne County Highway Bridge (Grosse Ile Parkway) 
Bridge at mile 5.6, both at Grosse Ile, MI. The purpose of this 
proposed rule is to establish the same permanent 12-hours advance 
notice for both bridges on the waterway from December 15 through March 
15 each year. The only change in this proposed rule is to allow a 
permanent requirement for 12-hours advance notice during the winter 
months when ice typically prevents recreational navigation in the 
channel. At all times both bridges will be required to open as soon as 
possible for public vessels of the United States, State or local 
government vessels used for public safety, and vessels in distress.

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 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 ability that 
vessels can still transit the bridge given advanced notice during times 
when vessel traffic is at its lowest. The proposed winter drawbridge 
schedule for the Grosse Ile Toll Bridge (Bridge Street) would be the 
same as the Wayne County Highway Bridge (Grosse Ile Parkway) Bridge.

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 standardizes 
drawbridge schedules for both drawbridges on the waterway and would not 
have a significant economic impact on any vessel owner or operator 
because the bridges will open with advance notice during low traffic 
times on the waterway, or when ice conditions hinder normal navigation.

[[Page 91087]]

    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 (Pub. L. 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 
section, 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 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 revise 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. In Sec.  117.631, revise paragraph (a) to read as follows:


Sec.  117.631   Detroit River (Trenton Channel).

    (a) The draw of the Grosse Ile Toll Bridge (Bridge Road), mile 8.8, 
at Grosse Ile, shall operate as follows:
    (1) From March 16 through December 14--
    (i) Between the hours of 7 a.m. and 11 p.m., seven days a week and 
holidays, the draw need open only from three minutes before to three 
minutes after the hour and half-hour for pleasure craft; for commercial 
vessels, during this period of time, the draw shall open on signal as 
soon as possible.
    (ii) Between the hours of 11 p.m. and 7 a.m., the draw shall open 
on signal for pleasure craft and commercial vessels.
    (2) From December 15 through March 15, no bridge tenders are 
required to be on duty at the bridge and the bridge shall open on 
signal if at least a twelve-hour advance notice is given.
* * * * *


[[Page 91088]]


    Dated: November 30, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-30342 Filed 12-15-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                      91086                 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Proposed Rules

                                                      if it is not) during the year for which                 U.S.C.    United States Code                          vessels used for public safety, and
                                                      payment is received.                                    II. Background, Purpose and Legal                     vessels in distress.
                                                        Dated: November 17, 2016.                             Basis                                                 IV. Regulatory Analyses
                                                      Edward L. Golding,                                         This proposed rule was requested by                   We developed this proposed rule after
                                                      Principal Deputy Assistant Secretary for                the Grosse Ile Bridge Company, the
                                                      Housing.                                                                                                      considering numerous statutes and
                                                                                                              owner of the Grosse Ile Toll Bridge                   executive orders related to rulemaking.
                                                      [FR Doc. 2016–30153 Filed 12–15–16; 8:45 am]            (Bridge Road) to align drawbridge                     Below we summarize our analyses
                                                      BILLING CODE 4210–67–P                                  operating schedules with the Wayne                    based on these statutes and executive
                                                                                                              County Highway Bridge (Grosse Ile                     orders and discuss First Amendment
                                                                                                              Parkway) Bridge at mile 5.6, at Grosse                rights of protestors.
                                                      DEPARTMENT OF HOMELAND                                  Ile. The Grosse Ile Highway Bridge is
                                                      SECURITY                                                authorized to remove drawtenders and                  A. Regulatory Planning and Review
                                                                                                              open the drawbridge if at least 12-hours
                                                      Coast Guard                                                                                                      Executive orders 12866 and 13563
                                                                                                              advance notice is provided from
                                                                                                                                                                    direct agencies to assess the costs and
                                                                                                              December 15 through March 15 each
                                                      33 CFR Part 117                                                                                               benefits of available regulatory
                                                                                                              year. This proposed rule will make the
                                                                                                                                                                    alternatives and, if regulation is
                                                      [Docket No. USCG–2016–0988]                             current regulation easier to follow for
                                                                                                                                                                    necessary, to select regulatory
                                                                                                              the mariners that use the river system.
                                                      RIN 1625–AA09                                                                                                 approaches that maximize net benefits.
                                                                                                              The Grosse Ile Toll Bridge (Bridge Road)
                                                                                                                                                                    Executive order 13563 emphasizes the
                                                                                                              was not granted permanent winter hours
                                                      Drawbridge Operation Regulation;                                                                              importance of quantifying both costs
                                                                                                              in the past due to regular commercial
                                                      Detroit River (Trenton Channel),                                                                              and benefits, of reducing costs, of
                                                                                                              traffic that required bridge openings
                                                      Grosse Ile, MI                                          during the winter months. Over the past               harmonizing rules, and of promoting
                                                                                                              two winter seasons the commercial                     flexibility. This NPRM has not been
                                                      AGENCY:   Coast Guard, DHS.                                                                                   designated a ‘‘significant regulatory
                                                      ACTION:   Notice of proposed rulemaking.                traffic has been reduced significantly
                                                                                                              and waterway use through this                         action,’’ under executive order 12866.
                                                                                                              drawbridge is equivalent to the volume                Accordingly, the NPRM has not been
                                                      SUMMARY:   The Coast Guard proposes to
                                                                                                              and type of traffic that passes through               reviewed by the Office of Management
                                                      add permanent winter hours to the
                                                                                                              the Wayne County Highway (Grosse Ile                  and Budget.
                                                      operating schedule of the Grosse Ile Toll
                                                      Bridge (Bridge Road) at mile 8.8, over                  Parkway) Bridge that has had permanent                   This regulatory action determination
                                                      Trenton Channel at Grosse Ile, MI. A                    winter hours for approximately 10                     is based on the ability that vessels can
                                                      review of the current regulation was                    years. Mariners will still be able to                 still transit the bridge given advanced
                                                      requested by the Grosse Ile Bridge                      request bridge openings with advance                  notice during times when vessel traffic
                                                      Company, the owner of the Grosse Ile                    notice during times of light traffic                  is at its lowest. The proposed winter
                                                      Toll Bridge (Bridge Road).                              volume on the river, which is due to ice              drawbridge schedule for the Grosse Ile
                                                                                                              formation on the Detroit River that                   Toll Bridge (Bridge Street) would be the
                                                      DATES: Comments and related material
                                                                                                              typically prevents most vessel traffic                same as the Wayne County Highway
                                                      must reach the Coast Guard on or                                                                              Bridge (Grosse Ile Parkway) Bridge.
                                                      before: January 17, 2017.                               from navigation in the channel from
                                                                                                              December 15 through March 15 each                     B. Impact on Small Entities
                                                      ADDRESSES: You may submit comments
                                                                                                              year. Additionally, Commander, Ninth
                                                      identified by docket number USCG–                                                                                The Regulatory Flexibility Act of 1980
                                                                                                              Coast Guard District has granted annual
                                                      2016–0988 using Federal eRulemaking                                                                           (RFA), 5 U.S.C. 601–612, as amended,
                                                                                                              authorization to the owner/operator of
                                                      Portal at http://www.regulations.gov.                                                                         requires federal agencies to consider the
                                                                                                              the Grosse Ile Toll Bridge to assume the
                                                        See the ‘‘Public Participation and                                                                          potential impact of regulations on small
                                                                                                              same schedule during the past 10 years
                                                      Request for Comments’’ portion of the                                                                         entities during rulemaking. The term
                                                                                                              under authority granted in 33 CFR
                                                      SUPPLEMENTARY INFORMATION section                                                                             ‘‘small entities’’ comprises small
                                                                                                              117.35.
                                                      below for instructions on submitting                                                                          businesses, not-for-profit organizations
                                                      comments.                                               III. Discussion of Proposed Rule                      that are independently owned and
                                                      FOR FURTHER INFORMATION CONTACT:      If                   Currently, the regulation for Grosse Ile           operated and are not dominant in their
                                                      you have questions on this proposed                     drawbridges (33 CFR 117.631) includes                 fields, and governmental jurisdictions
                                                      rule, call or email Mr. Lee D. Soule,                   the operating schedule for the Grosse Ile             with populations of less than 50,000.
                                                      Bridge Management Specialist, Ninth                     Toll Bridge (Bridge Road) and the                     The Coast Guard certifies under 5 U.S.C.
                                                      Coast Guard District; telephone 216–                    Wayne County Highway Bridge (Grosse                   605(b) that this proposed rule would not
                                                      902–6085, email Lee.D.Soule@uscg.mil.                   Ile Parkway) Bridge at mile 5.6, both at              have a significant economic impact on
                                                      SUPPLEMENTARY INFORMATION:                              Grosse Ile, MI. The purpose of this                   a substantial number of small entities.
                                                                                                              proposed rule is to establish the same                While some owners or operators of
                                                      I. Table of Abbreviations                               permanent 12-hours advance notice for                 vessels intending to transit the bridge
                                                      CFR Code of Federal Regulations                         both bridges on the waterway from                     may be small entities, for the reasons
                                                      DHS Department of Homeland Security                     December 15 through March 15 each                     stated in section IV.A above this
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      E.O. Executive order                                    year. The only change in this proposed                proposed rule standardizes drawbridge
                                                      FR Federal Register                                     rule is to allow a permanent                          schedules for both drawbridges on the
                                                      NEPA National Environmental Policy Act                  requirement for 12-hours advance notice               waterway and would not have a
                                                          of 1969                                             during the winter months when ice                     significant economic impact on any
                                                      NPRM Notice of proposed rulemaking
                                                      RFA Regulatory Flexibility Act of 1980
                                                                                                              typically prevents recreational                       vessel owner or operator because the
                                                      SNPRM Supplemental notice of proposed                   navigation in the channel. At all times               bridges will open with advance notice
                                                          rulemaking                                          both bridges will be required to open as              during low traffic times on the
                                                      Pub. L. Public Law                                      soon as possible for public vessels of the            waterway, or when ice conditions
                                                      § Section                                               United States, State or local government              hinder normal navigation.


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                                                                            Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Proposed Rules                                            91087

                                                         If you think that your business,                     their discretionary regulatory actions. In            eRulemaking Portal at http://
                                                      organization, or governmental                           particular, the Act addresses actions                 www.regulations.gov. If your material
                                                      jurisdiction qualifies as a small entity                that may result in the expenditure by a               cannot be submitted using http://
                                                      and that this rule would have a                         State, local, or tribal government, in the            www.regulations.gov, contact the person
                                                      significant economic impact on it,                      aggregate, or by the private sector of                in the FOR FURTHER INFORMATION
                                                      please submit a comment (see                            $100,000,000 (adjusted for inflation) or              CONTACT section of this document for
                                                      ADDRESSES) explaining why you think it                  more in any one year. Though this                     alternate instructions.
                                                      qualifies and how and to what degree                    proposed rule will not result in such an                 We accept anonymous comments. All
                                                      this rule would economically affect it.                 expenditure, we do discuss the effects of             comments received will be posted
                                                         Under section 213(a) of the Small                    this proposed rule elsewhere in this                  without change to http://
                                                      Business Regulatory Enforcement                         preamble.                                             www.regulations.gov and will include
                                                      Fairness Act of 1996 (Pub. L. 104–121),                                                                       any personal information you have
                                                      we want to assist small entities in                     F. Environment
                                                                                                                                                                    provided. For more about privacy and
                                                      understanding this proposed rule. If the                  We have analyzed this proposed rule                 the docket, you may review a Privacy
                                                      rule would affect your small business,                  under Department of Homeland                          Act notice regarding the Federal Docket
                                                      organization, or governmental                           Security Management Directive 023–01                  Management System in the March 24,
                                                      jurisdiction and you have questions                     and Commandant Instruction                            2005, issue of the Federal Register (70
                                                      concerning its provisions or options for                M16475.lD, which guides the Coast                     FR 15086).
                                                      compliance, please contact the person                   Guard in complying with the National                     Documents mentioned in this notice,
                                                      listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969                      and all public comments, are in our
                                                      CONTACT section, above. The Coast                       (NEPA) (42 U.S.C. 4321–4370f), and                    online docket at http://
                                                      Guard will not retaliate against small                  have made a preliminary determination                 www.regulations.gov and can be viewed
                                                      entities that question or complain about                that this action is one of a category of              by following that Web site’s
                                                      this proposed rule or any policy or                     actions which do not individually or                  instructions. Additionally, if you go to
                                                      action of the Coast Guard.                              cumulatively have a significant effect on             the online docket and sign up for email
                                                                                                              the human environment. This proposed                  alerts, you will be notified when
                                                      C. Collection of Information                            rule simply promulgates the operating                 comments are posted or a final rule is
                                                        This proposed rule would call for no                  regulations or procedures for                         published.
                                                      new collection of information under the                 drawbridges. Normally such actions are
                                                      Paperwork Reduction Act of 1995 (44                     categorically excluded from further                   List of Subjects in 33 CFR Part 117
                                                      U.S.C. 3501–3520).                                      review, under figure 2–1, paragraph                     Bridges.
                                                      D. Federalism and Indian Tribal                         (32)(e), of the Instruction.                            For the reasons discussed in the
                                                                                                                Under figure 2–1, paragraph (32)(e), of             preamble, the Coast Guard proposes to
                                                      Government
                                                                                                              the Instruction, an environmental                     revise 33 CFR part 117 as follows:
                                                         A rule has implications for federalism               analysis checklist and a categorical
                                                      under Executive Order 13132,                            exclusion determination are not                       PART 117—DRAWBRIDGE
                                                      Federalism, if it has a substantial direct              required for this rule. We seek any                   OPERATION REGULATIONS
                                                      effect on the States, on the relationship               comments or information that may lead
                                                      between the national government and                     to the discovery of a significant                     ■ 1. The authority citation for part 117
                                                      the States, or on the distribution of                   environmental impact from this                        continues to read as follows:
                                                      power and responsibilities among the                    proposed rule.                                          Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                      various levels of government. We have                                                                         Department of Homeland Security Delegation
                                                      analyzed this proposed rule under that                  G. Protest Activities                                 No. 0170.1.
                                                      Order and have determined that it is                      The Coast Guard respects the First                  ■ 2. In § 117.631, revise paragraph (a) to
                                                      consistent with the fundamental                         Amendment rights of protesters.                       read as follows:
                                                      federalism principles and preemption                    Protesters are asked to contact the
                                                      requirements described in executive                     person listed in the FOR FURTHER                      § 117.631   Detroit River (Trenton Channel).
                                                      order 13132.                                            INFORMATION CONTACT section to                           (a) The draw of the Grosse Ile Toll
                                                         Also, this proposed rule does not have               coordinate protest activities so that your            Bridge (Bridge Road), mile 8.8, at Grosse
                                                      tribal implications under executive                     message can be received without                       Ile, shall operate as follows:
                                                      order 13175, Consultation and                           jeopardizing the safety or security of                   (1) From March 16 through December
                                                      Coordination with Indian Tribal                         people, places or vessels.                            14—
                                                      Governments, because it would not have                                                                           (i) Between the hours of 7 a.m. and 11
                                                      a substantial direct effect on one or                   V. Public Participation and Request for               p.m., seven days a week and holidays,
                                                      more Indian tribes, on the relationship                 Comments                                              the draw need open only from three
                                                      between the Federal Government and                        We view public participation as                     minutes before to three minutes after the
                                                      Indian tribes, or on the distribution of                essential to effective rulemaking, and                hour and half-hour for pleasure craft; for
                                                      power and responsibilities between the                  will consider all comments and material               commercial vessels, during this period
                                                      Federal Government and Indian tribes.                   received during the comment period.                   of time, the draw shall open on signal
                                                      If you believe this proposed rule has                   Your comment can help shape the                       as soon as possible.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      implications for federalism or Indian                   outcome of this rulemaking. If you                       (ii) Between the hours of 11 p.m. and
                                                      tribes, please contact the person listed                submit a comment, please include the                  7 a.m., the draw shall open on signal for
                                                      in the FOR FURTHER INFORMATION                          docket number for this rulemaking,                    pleasure craft and commercial vessels.
                                                      CONTACT section above.                                  indicate the specific section of this                    (2) From December 15 through March
                                                                                                              document to which each comment                        15, no bridge tenders are required to be
                                                      E. Unfunded Mandates Reform Act                         applies, and provide a reason for each                on duty at the bridge and the bridge
                                                        The Unfunded Mandates Reform Act                      suggestion or recommendation.                         shall open on signal if at least a twelve-
                                                      of 1995 (2 U.S.C. 1531–1538) requires                     We encourage you to submit                          hour advance notice is given.
                                                      Federal agencies to assess the effects of               comments through the Federal                          *       *   *     *     *


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                                                      91088                 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Proposed Rules

                                                         Dated: November 30, 2016.                            edited or removed from Regulations.gov.                 H. Executive Order 13211: Actions That
                                                      J.E. Ryan,                                              The EPA may publish any comment                            Significantly Affect Energy Supply,
                                                                                                              received to its public docket. Do not                      Distribution, or Use
                                                      Rear Admiral, U.S. Coast Guard, Commander,
                                                                                                              submit electronically any information                   I. National Technology Transfer and
                                                      Ninth Coast Guard District.
                                                                                                                                                                         Advancement Act
                                                      [FR Doc. 2016–30342 Filed 12–15–16; 8:45 am]            you consider to be Confidential                         J. Executive Order 12898: Federal Actions
                                                      BILLING CODE 9110–04–P                                  Business Information (CBI) or other                        To Address Environmental Justice in
                                                                                                              information whose disclosure is                            Minority Populations and Low-Income
                                                                                                              restricted by statute. Multimedia                          Populations
                                                      ENVIRONMENTAL PROTECTION                                submissions (audio, video, etc.) must be
                                                                                                              accompanied by a written comment.                     I. General Information
                                                      AGENCY
                                                                                                              The written comment is considered the                 A. Does this action apply to me?
                                                      40 CFR Part 52 and 81                                   official comment and should include
                                                                                                                                                                      Entities potentially affected by this
                                                                                                              discussion of all points you wish to
                                                      [EPA–HQ–OAR–2016–0515; FRL–9956–20–                                                                           action include states (typically state air
                                                                                                              make. The EPA will generally not
                                                      OAR]                                                                                                          pollution control agencies) and, in some
                                                                                                              consider comments or comment
                                                      RIN 2060–AT24                                                                                                 cases, tribal governments. In particular,
                                                                                                              contents located outside of the primary
                                                                                                                                                                    seven states 1 with one or more areas
                                                                                                              submission (i.e., on the web, cloud, or
                                                      Determinations of Attainment by the                                                                           designated nonattainment and classified
                                                                                                              other file sharing system). For
                                                      Attainment Date, Determinations of                                                                            as ‘‘Moderate’’ for the 2006 24-hour
                                                                                                              additional submission methods, the full
                                                      Failure To Attain by the Attainment                                                                           PM2.5 NAAQS are affected by this
                                                                                                              EPA public comment policy,
                                                      Date and Reclassification for Certain                                                                         action. Entities potentially affected
                                                                                                              information about CBI or multimedia
                                                      Nonattainment Areas for the 2006 24-                                                                          indirectly by this proposal include
                                                                                                              submissions, and general guidance on
                                                      Hour Fine Particulate Matter National                                                                         owners or operators of sources of
                                                                                                              making effective comments, please visit
                                                      Ambient Air Quality Standards                                                                                 emissions of direct PM2.5 or PM2.5
                                                                                                              http://www2.epa.gov/dockets/
                                                                                                                                                                    precursors (ammonia, nitrogen oxides,
                                                      AGENCY:  Environmental Protection                       commenting-epa-dockets.
                                                                                                                                                                    sulfur dioxide and volatile organic
                                                      Agency (EPA).                                           FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                                    compounds) that contribute to fine
                                                      ACTION: Proposed rule.                                  Leigh Herrington, Office of Air Quality               particulate levels within the designated
                                                                                                              Planning and Standards, Air Quality                   nonattainment areas the EPA is
                                                      SUMMARY:    The Environmental Protection                Policy Division, Mail code C539–01,                   addressing in this action.
                                                      Agency (EPA) is proposing                               Research Triangle Park, NC 27711,
                                                      determinations of attainment by the                     telephone (919) 541–0882; fax number:                 B. What should I consider as I prepare
                                                      attainment date and determinations of                   (919) 541–5315; email address:                        my comments for the EPA?
                                                      failure to attain by the attainment date                herrington.leigh@epa.gov.                                1. Submitting CBI. Do not submit this
                                                      for eleven areas currently classified as                SUPPLEMENTARY INFORMATION: This                       information to the EPA through http://
                                                      ‘‘Moderate’’ for the 2006 24-hour fine                  preamble is organized as follows:                     www.regulations.gov or email. Clearly
                                                      particulate matter (PM2.5) National                                                                           mark the part or all of the information
                                                                                                              I. General Information
                                                      Ambient Air Quality Standards                              A. Does this action apply to me?                   that you claim to be confidential
                                                      (NAAQS). Specifically, the EPA is                          B. What should I consider as I prepare my          business information (CBI). For CBI
                                                      proposing to determine that seven areas                       comments for the EPA?                           information in a disk or CD–ROM that
                                                      attained the 2006 24-hour PM2.5 NAAQS                      C. Where can I get a copy of this document         you mail to the EPA, mark the outside
                                                      by December 31, 2015, based on                                and other related information?
                                                                                                                                                                    of the disk or CD–ROM as CBI and then
                                                      complete, quality-assured and certified                    D. What information should I know about
                                                                                                                    a possible public hearing?                      identify electronically within the disk or
                                                      PM2.5 monitoring data for 2013–2015.                                                                          CD–ROM the specific information that
                                                      The EPA is also proposing to determine                  II. Summary of Proposal and Background
                                                                                                                 A. Summary of Proposal                             is claimed as CBI. In addition to one
                                                      that four areas failed to attain the 2006                  B. What is the background for this                 complete version of the comment that
                                                      24-hour PM2.5 NAAQS by December 31,                           proposed action?                                includes information claimed as CBI, a
                                                      2015. Upon finalization of such                         III. Criteria for Determining Whether an Area         copy of the comment that does not
                                                      determinations of failure to timely attain                    Has Attained the 2006 24-Hour PM2.5
                                                                                                                                                                    contain the information claimed to be
                                                      the NAAQS, these four areas will be                           Standards
                                                                                                              IV. The EPA’s Proposed Action and                     CBI must be submitted for inclusion in
                                                      reclassified as ‘‘Serious’’ for the 2006                                                                      the public docket. Information so
                                                      24-hour PM2.5 NAAQS by operation of                           Associated Rationale
                                                                                                                 A. Determinations of Attainment                    marked will not be disclosed except in
                                                      law. Within 18 months from the                             B. Determinations of Failure To Attain and         accordance with procedures set forth in
                                                      effective date of reclassification, or 2                      Reclassification                                40 CFR part 2.
                                                      years before the applicable Serious area                V. Summary of Proposed Actions                           2. Tips for Preparing Your Comments.
                                                      attainment date, whichever is earlier,                  VI. Statutory and Executive Order Reviews             When submitting comments, remember
                                                      states with jurisdiction over these areas                  A. Executive Order 12866, Regulatory
                                                                                                                    Planning and Review and Executive               to:
                                                      must submit State Implementation Plan                                                                            • Identify the rulemaking by docket
                                                      (SIP) revisions that comply with the                          Order 13563: Improving Regulation and
                                                                                                                    Regulatory Review                               number and other identifying
                                                      statutory and regulatory requirements                                                                         information (subject heading, Federal
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                                                                                                                 B. Paperwork Reduction Act (PRA)
                                                      for Serious PM2.5 nonattainment areas.                     C. Regulatory Flexibility Act (RFA)                Register date and page number).
                                                      DATES: Comments must be received on                        D. Unfunded Mandates Reform Act                       • Follow directions—The agency may
                                                      or before January 17, 2017.                                   (URMA)                                          ask you to respond to specific questions
                                                      ADDRESSES: Submit your comments,                           E. Executive Order 13132: Federalism
                                                                                                                 F. Executive Order 13175: Consultation
                                                                                                                                                                    or organize comments by referencing a
                                                      identified by Docket ID No. EPA–HQ–                                                                           Code of Federal Regulations (CFR) part
                                                                                                                    and Coordination With Indian Tribal
                                                      OAR–2016–0515, at http://                                     Governments                                     or section number.
                                                      www.regulations.gov. Follow the online                     G. Executive Order 13045: Protection of
                                                      instructions for submitting comments.                         Children From Environmental Health                1 Alaska, Arizona, California, Idaho,

                                                      Once submitted, comments cannot be                            Risks and Safety Risks                          Pennsylvania, Tennessee and Utah.



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Document Created: 2018-02-14 09:07:57
Document Modified: 2018-02-14 09:07:57
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: January 17, 2017.
ContactIf you have questions on this proposed rule, call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone 216-902-6085, email [email protected]
FR Citation81 FR 91086 
RIN Number1625-AA09

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