[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Proposed Rules]
[Pages 58145-58147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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