[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


