82_FR_58381 82 FR 58145 - Drawbridge Operation Regulation; Black River, Port Huron, MI

82 FR 58145 - Drawbridge Operation Regulation; Black River, Port Huron, MI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range58145-58147
FR Document2017-26605

The Coast Guard proposes to modify the operating schedule that governs the Military Street Bridge, mile 0.33, the Seventh Street Bridge, mile 0.50, the Tenth Street Bridge, mile 0.94, and the Canadian National Railroad Bridge, mile 1.56, across the Black River at Port Huron, MI. The City of Port Huron requested the winter hours to be expanded for City-operated highway bridges. We have reviewed the regulation in its entirety because the current regulation is approximately 30 years old, use of the waterway has substantially changed, and the current language and conditions in the regulation are difficult to follow and understand.

Federal Register, Volume 82 Issue 236 (Monday, December 11, 2017)
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Proposed Rules]
[Pages 58145-58147]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26605]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-1047]
RIN 1625-AA09


Drawbridge Operation Regulation; Black River, Port Huron, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the Military Street Bridge, mile 0.33, the Seventh Street 
Bridge, mile 0.50, the Tenth Street Bridge, mile 0.94, and the Canadian 
National Railroad Bridge, mile 1.56, across the Black River at Port 
Huron, MI. The City of Port Huron requested the winter hours to be 
expanded for City-operated highway bridges. We have reviewed the 
regulation in its entirety because the current regulation is 
approximately 30 years old, use of the waterway has substantially 
changed, and the current language and conditions in the regulation are 
difficult to follow and understand.

DATES: Comments and related material must reach the Coast Guard on or 
before January 10, 2018.

ADDRESSES:  You may submit comments identified by docket number USCG-
2017-1047 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
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD 85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Black River flows southwest through the City of Port Huron, MI 
and empties into the St. Clair River just below the south end of Lake 
Huron. Large commercial freighters once traveled up the Black River to 
facilities past the Canadian National Railroad Bridge, but currently 
the river is mostly used by recreational vessels with a few small 
commercial vessels operating in the river. Large commercial vessels do 
not currently trade in the Black River.
    The Military Street Bridge provides a horizontal clearance of 73 
feet and a vertical clearance of 13 feet above LWD in the closed 
position.
    The Seventh Street Bridge provides a horizontal clearance of 83 
feet and a vertical clearance of 12 feet above LWD in the closed 
position.
    The Tenth Street Bridge provides a horizontal clearance of 90 feet 
and a vertical clearance of 18 feet above LWD in the closed position.
    The Canadian National Railroad Bridge provides a horizontal 
clearance of 80 feet and a vertical clearance of 14 feet above LWD in 
the closed position.
    The CSX Railroad Bridge, mile 0.09, is out of service and locked in 
the fully open position.
    All five drawbridges provide an unlimited vertical clearance in the 
open position.
    The CSX Railroad Bridge and Canadian National Railroad Bridge are 
not included in the existing regulation.
    The current regulation allows the Military Street Bridge and the 
Seventh Street Bridge to operate on the hour and half-hour between May 
1 and October 31, from 9 a.m. to 5:30 p.m., Monday through Saturday, 
except Federal Holidays. In April and November, between the hours of 4 
p.m. and 8 a.m., both bridges require a 3-hour advance notice for 
openings.
    The Tenth Street Bridge is currently required to open on signal 
from May 1 through October 31, except from 11 p.m. to 8 a.m. a 1-hour 
advance notice is required for openings. In April and November the 
bridge requires a 3-hour advance notice for openings at all times.
    From December 1 through March 31 all three highway bridges requires 
at least 24 hours notice for openings.
    As noted above, both the CSX Railroad and Canadian National 
Railroad bridges are not included in the existing regulation.

[[Page 58146]]

    The City of Port Huron operates the three highway bridges and 
requested the winter operating dates to be expanded due to a lack of 
openings, use of the waterway has substantially changed, and early 
development of ice in the river that prevents most recreational vessels 
from transiting the waterway between November 1 and April 30. They 
requested the winter operating schedules (with 12-hours advance notice 
from vessels) to apply November 1 through April 30 each year.
    In addition to reviewing winter operating dates we have reviewed 
the current operating schedules for all drawbridges on the waterway. 
During our coordination with the City of Port Huron and stakeholders, 
concerns were also received regarding vehicle congestion and 
predictable bridge openings when the Military Street and Seventh Street 
Bridges are opened simultaneously for vessels. Both bridges currently 
open on the hour and half-hour. This proposed rule is expected to 
reflect the current usage of the waterway by marine entities during the 
navigation season and winter periods, improve both marine and vehicular 
traffic mobility by reducing congestion and delays, simplify the 
schedules and language in the existing regulation, and provide for the 
reasonable needs of navigation.

III. Discussion of Proposed Rule

    This proposed rule alternates, or staggers, openings of the three 
highway bridges with Military Street and Tenth Street opening on the 
hour and half-hour, and Seventh Street (the middle highway bridge), on 
the quarter and three-quarter-hour, thereby providing predictable 
bridge openings and avoiding all of the highway bridges opening 
simultaneously, and allowing continuous vessel movements through the 
highway bridges. To prevent congestion at the bridges the drawbridges 
will open at any time five or more vessels are waiting for an opening. 
This change is expected to reduce vehicular traffic congestion and 
delays, and reduce the chance vessels will be stuck between the highway 
bridges and waiting for extended times for bridge openings.
    The Tenth Street Bridge is the furthest upriver highway bridge and 
provides a higher vertical clearance than the Military Street or the 
Seventh Street drawbridges, allowing most vessels to pass under the 
bridge without an opening. The volume of marine traffic and upriver 
marine facilities that require Tenth Street Bridge openings is 
significantly lower than Military and Seventh Street Bridges but the 
vehicular traffic is considerably higher than the other highway 
bridges. Between May 1 and October 31 this proposed rule will allow the 
Tenth Street Bridge to open on the hour and half-hour from 8 a.m. to 11 
p.m. From 11 p.m. to 8 a.m. the bridge will require a 1-hour advance 
notice for openings. This schedule is expected to provide predictable 
bridge openings for vehicles to cross the river at any time while still 
providing for the reasonable needs of navigation. Between November 1 
and April 30 the bridge will require a 12-hours advance notice to open.
    The Canadian National Railroad Bridge normally remains in the open 
to navigation position and only closes to navigation to accommodate the 
passage of trains. This proposed rule will add the Canadian National 
Bridge to the current regulation. The bridge will open on signal at all 
times between May 1 and October 31, and will open if 12-hours advance 
notice is provided between November 1 and April 30, matching the winter 
schedules of the highway bridges.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771. This regulatory action 
determination is based on the ability that vessels can still transit 
the drawbridges by giving advanced notice at all times of the year.

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 bridges 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 because 
we coordinated with the marina operators and the local yacht clubs and 
incorporated their concerns into the proposed regulation.
    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, 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

[[Page 58147]]

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.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record are not required for this proposed 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.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be 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.  117.625 to read as follows:


Sec.  117.625  Black River (Port Huron).

    (a) The draw of the Military Street Bridge, mile 0.33, shall open 
on signal; except that, from May 1 through October 31, from 8 a.m. to 
11 p.m., seven days a week, the draw need open only on the hour and 
half-hour for recreational vessels, or at any time when there are more 
than five vessels waiting for an opening, and from November 1 through 
April 30 if at least 12-hours advance notice is given.
    (b) The draw of the Seventh Street Bridge, mile 0.50, shall open on 
signal; except that, from May 1 through October 31, from 8 a.m. to 11 
p.m., seven days a week, the draw need open only on the quarter-hour 
and three-quarter-hour for recreational vessels, or at any time when 
there are more than five vessels waiting for an opening, and from 
November 1 through April 30 if at least 12-hours advance notice is 
given.
    (c) The draw of the Tenth Street Bridge, mile 0.94, shall open on 
signal; except that, from May 1 through October 31, from 8 a.m. to 11 
p.m., seven days a week, the draw need open only on the hour and half-
hour for recreational vessels, or at any time when there are more than 
five vessels waiting for an opening, and from 11 p.m. to 8 a.m. if at 
least 1-hour advance notice is provided, and from November 1 through 
April 30 if at least 12-hours notice is given.
    (d) The draw of the Canadian National Railroad Bridge, mile 1.56, 
shall open on signal; except from November 1 through April 30 if at 
least 12-hours advance notice is given.

    Dated: November 27, 2017.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2017-26605 Filed 12-8-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                         Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules                                          58145

                                                 current, is non-controversial and                            Issued in Seattle, Washington, on                   LWD Low Water Datum based on IGLD 85
                                                 unlikely to result in adverse or negative                  November 30, 2017.                                    OMB Office of Management and Budget
                                                 comments. It, therefore: (1) Is not a                      Brian J. Johnson,                                     NPRM Notice of Proposed Rulemaking
                                                                                                                                                                    (Advance, Supplemental)
                                                 ‘‘significant regulatory action’’ under                    Acting Manager, Operations Support Group,
                                                                                                                                                                  § Section
                                                 Executive Order 12866; (2) is not a                        Western Service Center.
                                                                                                                                                                  U.S.C. United States Code
                                                 ‘‘significant rule’’ under DOT                             [FR Doc. 2017–26501 Filed 12–8–17; 8:45 am]
                                                 Regulatory Policies and Procedures (44                     BILLING CODE 4910–13–P                                II. Background, Purpose and Legal
                                                 FR 11034; February 26, 1979); and (3)                                                                            Basis
                                                 does not warrant preparation of a                                                                                   The Black River flows southwest
                                                 regulatory evaluation as the anticipated                   DEPARTMENT OF HOMELAND                                through the City of Port Huron, MI and
                                                 impact is so minimal. Since this is a                      SECURITY                                              empties into the St. Clair River just
                                                 routine matter that will only affect air                                                                         below the south end of Lake Huron.
                                                 traffic procedures and air navigation, it                  Coast Guard                                           Large commercial freighters once
                                                 is certified that this rule, when                                                                                traveled up the Black River to facilities
                                                 promulgated, would not have a                              33 CFR Part 117                                       past the Canadian National Railroad
                                                 significant economic impact on a                           [Docket No. USCG–2017–1047]                           Bridge, but currently the river is mostly
                                                 substantial number of small entities                                                                             used by recreational vessels with a few
                                                 under the criteria of the Regulatory                       RIN 1625–AA09                                         small commercial vessels operating in
                                                 Flexibility Act.                                                                                                 the river. Large commercial vessels do
                                                                                                            Drawbridge Operation Regulation;
                                                                                                                                                                  not currently trade in the Black River.
                                                 Environmental Review                                       Black River, Port Huron, MI                              The Military Street Bridge provides a
                                                    This proposal will be subject to an                     AGENCY:   Coast Guard, DHS.                           horizontal clearance of 73 feet and a
                                                 environmental analysis in accordance                       ACTION:   Notice of proposed rulemaking.              vertical clearance of 13 feet above LWD
                                                 with FAA Order 1050.1F,                                                                                          in the closed position.
                                                 ‘‘Environmental Impacts: Policies and                      SUMMARY:    The Coast Guard proposes to                  The Seventh Street Bridge provides a
                                                 Procedures’’ prior to any FAA final                        modify the operating schedule that                    horizontal clearance of 83 feet and a
                                                 regulatory action.                                         governs the Military Street Bridge, mile              vertical clearance of 12 feet above LWD
                                                                                                            0.33, the Seventh Street Bridge, mile                 in the closed position.
                                                 List of Subjects in 14 CFR Part 71                         0.50, the Tenth Street Bridge, mile 0.94,                The Tenth Street Bridge provides a
                                                                                                            and the Canadian National Railroad                    horizontal clearance of 90 feet and a
                                                  Airspace, Incorporation by reference,                     Bridge, mile 1.56, across the Black River             vertical clearance of 18 feet above LWD
                                                 Navigation (air).                                          at Port Huron, MI. The City of Port                   in the closed position.
                                                 The Proposed Amendment                                     Huron requested the winter hours to be                   The Canadian National Railroad
                                                                                                            expanded for City-operated highway                    Bridge provides a horizontal clearance
                                                   Accordingly, pursuant to the                             bridges. We have reviewed the                         of 80 feet and a vertical clearance of 14
                                                 authority delegated to me, the Federal                     regulation in its entirety because the                feet above LWD in the closed position.
                                                 Aviation Administration proposes to                        current regulation is approximately 30                   The CSX Railroad Bridge, mile 0.09,
                                                 amend 14 CFR part 71 as follows:                           years old, use of the waterway has                    is out of service and locked in the fully
                                                                                                            substantially changed, and the current                open position.
                                                 PART 71—DESIGNATION OF CLASS A,                            language and conditions in the                           All five drawbridges provide an
                                                 B, C, D, AND E AIRSPACE AREAS; AIR                         regulation are difficult to follow and                unlimited vertical clearance in the open
                                                 TRAFFIC SERVICE ROUTES; AND                                understand.                                           position.
                                                 REPORTING POINTS                                                                                                    The CSX Railroad Bridge and
                                                                                                            DATES: Comments and related material                  Canadian National Railroad Bridge are
                                                                                                            must reach the Coast Guard on or before               not included in the existing regulation.
                                                 ■ 1. The authority citation for 14 CFR
                                                                                                            January 10, 2018.                                        The current regulation allows the
                                                 part 71 continues to read as follows:
                                                                                                            ADDRESSES: You may submit comments                    Military Street Bridge and the Seventh
                                                   Authority: 49 U.S.C. 106(f), 106(g), 40103,              identified by docket number USCG–                     Street Bridge to operate on the hour and
                                                 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,               2017–1047 using Federal eRulemaking                   half-hour between May 1 and October
                                                 1959–1963 Comp., p. 389.                                   Portal at http://www.regulations.gov.                 31, from 9 a.m. to 5:30 p.m., Monday
                                                 § 71.1       [Amended]                                        See the ‘‘Public Participation and                 through Saturday, except Federal
                                                                                                            Request for Comments’’ portion of the                 Holidays. In April and November,
                                                 ■ 2. The incorporation by reference in                     SUPPLEMENTARY INFORMATION section                     between the hours of 4 p.m. and 8 a.m.,
                                                 14 CFR 71.1 of FAA Order 7400.11B,                         below for instructions on submitting                  both bridges require a 3-hour advance
                                                 Airspace Designations and Reporting                        comments.                                             notice for openings.
                                                 Points, dated August 3, 2017, and                                                                                   The Tenth Street Bridge is currently
                                                                                                            FOR FURTHER INFORMATION CONTACT: If
                                                 effective September 15, 2017, is                                                                                 required to open on signal from May 1
                                                                                                            you have questions on this proposed
                                                 amended as follows:                                                                                              through October 31, except from 11 p.m.
                                                                                                            rule, call or email Mr. Lee D. Soule,
                                                 Paragraph 6005 Class E Airspace Areas                      Bridge Management Specialist, Ninth                   to 8 a.m. a 1-hour advance notice is
                                                 Extending Upward from 700 feet or More                     Coast Guard District; telephone 216–                  required for openings. In April and
                                                 Above the Surface of the Earth.                            902–6085, email Lee.D.Soule@uscg.mil.                 November the bridge requires a 3-hour
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 *        *      *       *      *                           SUPPLEMENTARY INFORMATION:                            advance notice for openings at all times.
                                                                                                                                                                     From December 1 through March 31
                                                 ANM CO E5           Yuma, CO [New]                         I. Table of Abbreviations                             all three highway bridges requires at
                                                 Yuma Municipal Airport, CO                                 CFR Code of Federal Regulations                       least 24 hours notice for openings.
                                                   (Lat. 40°06′21″ N., long. 102°42′52″ W.)                 DHS Department of Homeland Security                      As noted above, both the CSX
                                                   That airspace extending upward from 700                  FR Federal Register                                   Railroad and Canadian National
                                                 feet above the surface within a 6.4-mile                   IGLD85 International Great Lakes Datum of             Railroad bridges are not included in the
                                                 radius of Yuma Municipal Airport.                            1985                                                existing regulation.


                                            VerDate Sep<11>2014      17:10 Dec 08, 2017   Jkt 244001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\11DEP1.SGM   11DEP1


                                                 58146                Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules

                                                    The City of Port Huron operates the                  traffic is considerably higher than the               operated and are not dominant in their
                                                 three highway bridges and requested the                 other highway bridges. Between May 1                  fields, and governmental jurisdictions
                                                 winter operating dates to be expanded                   and October 31 this proposed rule will                with populations of less than 50,000.
                                                 due to a lack of openings, use of the                   allow the Tenth Street Bridge to open on              The Coast Guard certifies under 5 U.S.C.
                                                 waterway has substantially changed,                     the hour and half-hour from 8 a.m. to 11              605(b) that this proposed rule would not
                                                 and early development of ice in the                     p.m. From 11 p.m. to 8 a.m. the bridge                have a significant economic impact on
                                                 river that prevents most recreational                   will require a 1-hour advance notice for              a substantial number of small entities.
                                                 vessels from transiting the waterway                    openings. This schedule is expected to                While some owners or operators of
                                                 between November 1 and April 30. They                   provide predictable bridge openings for               vessels intending to transit the bridges
                                                 requested the winter operating                          vehicles to cross the river at any time               may be small entities, for the reasons
                                                 schedules (with 12-hours advance                        while still providing for the reasonable              stated in section IV.A above this
                                                 notice from vessels) to apply November                  needs of navigation. Between November                 proposed rule would not have a
                                                 1 through April 30 each year.                           1 and April 30 the bridge will require                significant economic impact on any
                                                    In addition to reviewing winter                      a 12-hours advance notice to open.                    vessel owner or operator because we
                                                 operating dates we have reviewed the                       The Canadian National Railroad                     coordinated with the marina operators
                                                 current operating schedules for all                     Bridge normally remains in the open to                and the local yacht clubs and
                                                 drawbridges on the waterway. During                     navigation position and only closes to                incorporated their concerns into the
                                                 our coordination with the City of Port                  navigation to accommodate the passage                 proposed regulation.
                                                 Huron and stakeholders, concerns were                   of trains. This proposed rule will add                   If you think that your business,
                                                 also received regarding vehicle                         the Canadian National Bridge to the                   organization, or governmental
                                                 congestion and predictable bridge                       current regulation. The bridge will open              jurisdiction qualifies as a small entity
                                                 openings when the Military Street and                   on signal at all times between May 1                  and that this rule would have a
                                                 Seventh Street Bridges are opened                       and October 31, and will open if 12-                  significant economic impact on it,
                                                 simultaneously for vessels. Both bridges                hours advance notice is provided                      please submit a comment (see
                                                 currently open on the hour and half-                    between November 1 and April 30,                      ADDRESSES) explaining why you think it
                                                 hour. This proposed rule is expected to                 matching the winter schedules of the                  qualifies and how and to what degree
                                                 reflect the current usage of the waterway               highway bridges.                                      this rule would economically affect it.
                                                 by marine entities during the navigation                                                                         Under section 213(a) of the Small
                                                 season and winter periods, improve                      IV. Regulatory Analyses                               Business Regulatory Enforcement
                                                 both marine and vehicular traffic                         We developed this proposed rule after               Fairness Act of 1996 (Pub. L. 104–121),
                                                 mobility by reducing congestion and                     considering numerous statutes and                     we want to assist small entities in
                                                 delays, simplify the schedules and                      Executive Orders related to rulemaking.               understanding this proposed rule. If the
                                                 language in the existing regulation, and                Below we summarize our analyses                       rule would affect your small business,
                                                 provide for the reasonable needs of                     based on these statutes and Executive                 organization, or governmental
                                                 navigation.                                             Orders and we discuss First                           jurisdiction and you have questions
                                                                                                         Amendment rights of protestors.                       concerning its provisions or options for
                                                 III. Discussion of Proposed Rule
                                                                                                         A. Regulatory Planning and Review                     compliance, please contact the person
                                                    This proposed rule alternates, or                                                                          listed in the FOR FURTHER INFORMATION
                                                 staggers, openings of the three highway                    Executive Orders 12866 and 13563                   CONTACT, above. The Coast Guard will
                                                 bridges with Military Street and Tenth                  direct agencies to assess the costs and               not retaliate against small entities that
                                                 Street opening on the hour and half-                    benefits of available regulatory                      question or complain about this
                                                 hour, and Seventh Street (the middle                    alternatives and, if regulation is                    proposed rule or any policy or action of
                                                 highway bridge), on the quarter and                     necessary, to select regulatory                       the Coast Guard.
                                                 three-quarter-hour, thereby providing                   approaches that maximize net benefits.
                                                 predictable bridge openings and                         Executive Order 13771 directs agencies                C. Collection of Information
                                                 avoiding all of the highway bridges                     to control regulatory costs through a                   This proposed rule would call for no
                                                 opening simultaneously, and allowing                    budgeting process. This NPRM has not                  new collection of information under the
                                                 continuous vessel movements through                     been designated a ‘‘significant                       Paperwork Reduction Act of 1995 (44
                                                 the highway bridges. To prevent                         regulatory action,’’ under Executive                  U.S.C. 3501–3520).
                                                 congestion at the bridges the                           Order 12866. Accordingly, the NPRM
                                                 drawbridges will open at any time five                  has not been reviewed by the Office of                D. Federalism and Indian Tribal
                                                 or more vessels are waiting for an                      Management and Budget (OMB) and                       Government
                                                 opening. This change is expected to                     pursuant to OMB guidance it is exempt                    A rule has implications for federalism
                                                 reduce vehicular traffic congestion and                 from the requirements of Executive                    under Executive Order 13132,
                                                 delays, and reduce the chance vessels                   Order 13771. This regulatory action                   Federalism, if it has a substantial direct
                                                 will be stuck between the highway                       determination is based on the ability                 effect on the States, on the relationship
                                                 bridges and waiting for extended times                  that vessels can still transit the                    between the national government and
                                                 for bridge openings.                                    drawbridges by giving advanced notice                 the States, or on the distribution of
                                                    The Tenth Street Bridge is the furthest              at all times of the year.                             power and responsibilities among the
                                                 upriver highway bridge and provides a                                                                         various levels of government. We have
                                                 higher vertical clearance than the                      B. Impact on Small Entities                           analyzed this proposed rule under that
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Military Street or the Seventh Street                      The Regulatory Flexibility Act of 1980             Order and have determined that it is
                                                 drawbridges, allowing most vessels to                   (RFA), 5 U.S.C. 601–612, as amended,                  consistent with the fundamental
                                                 pass under the bridge without an                        requires federal agencies to consider the             federalism principles and preemption
                                                 opening. The volume of marine traffic                   potential impact of regulations on small              requirements described in Executive
                                                 and upriver marine facilities that                      entities during rulemaking. The term                  Order 13132.
                                                 require Tenth Street Bridge openings is                 ‘‘small entities’’ comprises small                       Also, this proposed rule does not have
                                                 significantly lower than Military and                   businesses, not-for-profit organizations              tribal implications under Executive
                                                 Seventh Street Bridges but the vehicular                that are independently owned and                      Order 13175, Consultation and


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                                                                      Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Proposed Rules                                                 58147

                                                 Coordination with Indian Tribal                         V. Public Participation and Request for                  (b) The draw of the Seventh Street
                                                 Governments, because it would not have                  Comments                                              Bridge, mile 0.50, shall open on signal;
                                                 a substantial direct effect on one or                      We view public participation as                    except that, from May 1 through October
                                                 more Indian tribes, on the relationship                 essential to effective rulemaking, and                31, from 8 a.m. to 11 p.m., seven days
                                                 between the Federal Government and                      will consider all comments and material               a week, the draw need open only on the
                                                 Indian tribes, or on the distribution of                received during the comment period.                   quarter-hour and three-quarter-hour for
                                                 power and responsibilities between the                                                                        recreational vessels, or at any time when
                                                                                                         Your comment can help shape the
                                                 Federal Government and Indian tribes.                                                                         there are more than five vessels waiting
                                                                                                         outcome of this rulemaking. If you
                                                 If you believe this proposed rule has                                                                         for an opening, and from November 1
                                                                                                         submit a comment, please include the
                                                 implications for federalism or Indian                                                                         through April 30 if at least 12-hours
                                                                                                         docket number for this rulemaking,
                                                 tribes, please contact the person listed                                                                      advance notice is given.
                                                                                                         indicate the specific section of this
                                                 in the FOR FURTHER INFORMATION                                                                                   (c) The draw of the Tenth Street
                                                                                                         document to which each comment
                                                 CONTACT section above.                                                                                        Bridge, mile 0.94, shall open on signal;
                                                                                                         applies, and provide a reason for each
                                                 E. Unfunded Mandates Reform Act                         suggestion or recommendation.                         except that, from May 1 through October
                                                                                                            We encourage you to submit                         31, from 8 a.m. to 11 p.m., seven days
                                                   The Unfunded Mandates Reform Act                                                                            a week, the draw need open only on the
                                                 of 1995 (2 U.S.C. 1531–1538) requires                   comments through the Federal
                                                                                                         eRulemaking Portal at http://                         hour and half-hour for recreational
                                                 Federal agencies to assess the effects of                                                                     vessels, or at any time when there are
                                                 their discretionary regulatory actions. In              www.regulations.gov. If your material
                                                                                                         cannot be submitted using http://                     more than five vessels waiting for an
                                                 particular, the Act addresses actions                                                                         opening, and from 11 p.m. to 8 a.m. if
                                                 that may result in the expenditure by a                 www.regulations.gov, contact the person
                                                                                                         in the FOR FURTHER INFORMATION                        at least 1-hour advance notice is
                                                 State, local, or tribal government, in the                                                                    provided, and from November 1 through
                                                 aggregate, or by the private sector of                  CONTACT section of this document for
                                                                                                         alternate instructions.                               April 30 if at least 12-hours notice is
                                                 $100,000,000 (adjusted for inflation) or                                                                      given.
                                                 more in any one year. Though this                          We accept anonymous comments. All
                                                                                                         comments received will be posted                         (d) The draw of the Canadian National
                                                 proposed rule will not result in such an                                                                      Railroad Bridge, mile 1.56, shall open
                                                 expenditure, we do discuss the effects of               without change to http://
                                                                                                         www.regulations.gov and will include                  on signal; except from November 1
                                                 this proposed rule elsewhere in this                                                                          through April 30 if at least 12-hours
                                                 preamble.                                               any personal information you have
                                                                                                         provided.                                             advance notice is given.
                                                 F. Environment                                             Documents mentioned in this NPRM                     Dated: November 27, 2017.
                                                   We have analyzed this proposed rule                   as being available in this docket and all             J.M. Nunan,
                                                 under Department of Homeland                            public comments, will be in our online                Rear Admiral, U.S. Coast Guard, Commander,
                                                 Security Management Directive 023–01                    docket at http://www.regulations.gov                  Ninth Coast Guard District.
                                                 and Commandant Instruction                              and can be viewed by following that                   [FR Doc. 2017–26605 Filed 12–8–17; 8:45 am]
                                                 M16475.lD, which guides the Coast                       Web site’s instructions. Additionally, if             BILLING CODE 9110–04–P
                                                 Guard in complying with the National                    you go to the online docket and sign up
                                                 Environmental Policy Act of 1969                        for email alerts, you will be notified
                                                 (NEPA) (42 U.S.C. 4321–4370f), and                      when comments are posted or a final                   DEPARTMENT OF HOMELAND
                                                 have made a preliminary determination                   rule is published.                                    SECURITY
                                                 that this action is one of a category of                List of Subjects in 33 CFR Part 117
                                                 actions which do not individually or                                                                          Coast Guard
                                                 cumulatively have a significant effect on                 Bridges.
                                                 the human environment. This proposed                      For the reasons discussed in the                    33 CFR Part 165
                                                 rule simply promulgates the operating                   preamble, the Coast Guard proposes to
                                                                                                         amend 33 CFR part 117 as follows:                     [Docket Number USCG–2017–0929]
                                                 regulations or procedures for
                                                 drawbridges. Normally such actions are                                                                        RIN 1625–AA00
                                                 categorically excluded from further                     PART 117—DRAWBRIDGE
                                                 review, under figure 2–1, paragraph                     OPERATION REGULATIONS
                                                                                                                                                               Safety Zone; Lower Mississippi River,
                                                 (32)(e), of the Instruction.                            ■ 1. The authority citation for part 117              New Orleans, LA
                                                   A preliminary Record of
                                                                                                         continues to read as follows:                         AGENCY:   Coast Guard, DHS.
                                                 Environmental Consideration and a
                                                 Memorandum for the Record are not                         Authority: 33 U.S.C. 499; 33 CFR 1.05–1;            ACTION:   Notice of proposed rulemaking.
                                                 required for this proposed rule. We seek                Department of Homeland Security Delegation
                                                 any comments or information that may                    No. 0170.1.                                           SUMMARY:   The Coast Guard proposes to
                                                 lead to the discovery of a significant                  ■   2. Revise § 117.625 to read as follows:           establish a temporary safety zone for the
                                                 environmental impact from this                                                                                navigable waters of the Lower
                                                 proposed rule.                                          § 117.625    Black River (Port Huron).                Mississippi River between mile marker
                                                                                                           (a) The draw of the Military Street                 (MM) 94 and MM 95, above Head of
                                                 G. Protest Activities                                   Bridge, mile 0.33, shall open on signal;              Passes. This action is necessary to
                                                   The Coast Guard respects the First                    except that, from May 1 through October               provide for the safety of life on these
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Amendment rights of protesters.                         31, from 8 a.m. to 11 p.m., seven days                navigable waters near New Orleans, LA,
                                                 Protesters are asked to contact the                     a week, the draw need open only on the                during a fireworks display on April 21,
                                                 person listed in the FOR FURTHER                        hour and half-hour for recreational                   2018. This proposed rulemaking would
                                                 INFORMATION CONTACT section to                          vessels, or at any time when there are                prohibit persons and vessels from
                                                 coordinate protest activities so that your              more than five vessels waiting for an                 entering the safety zone unless
                                                 message can be received without                         opening, and from November 1 through                  authorized by the Captain of the Port
                                                 jeopardizing the safety or security of                  April 30 if at least 12-hours advance                 Sector New Orleans (COTP) or a
                                                 people, places or vessels.                              notice is given.                                      designated representative. We invite


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Document Created: 2017-12-09 01:49:42
Document Modified: 2017-12-09 01:49:42
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 10, 2018.
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 Citation82 FR 58145 
RIN Number1625-AA09

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