
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Proposed Rules]
[Pages 91086-91088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30342]


=======================================================================
-----------------------------------------------------------------------

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 
Lee.D.Soule@uscg.mil.

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


