Drawbridge Operation Regulation; Detroit River (Trenton Channel), Grosse Ile, MI, 91086-91088 [2016-30342]
Download as PDF
<![CDATA[
91086
Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Proposed Rules
U.S.C.
if it is not) during the year for which
payment is received.
Dated: November 17, 2016.
Edward L. Golding,
Principal Deputy Assistant Secretary for
Housing.
[FR Doc. 2016–30153 Filed 12–15–16; 8:45 am]
BILLING CODE 4210–67–P
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
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
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 https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
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:
FOR FURTHER INFORMATION CONTACT:
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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
§ Section
VerDate Sep<11>2014
18:25 Dec 15, 2016
Jkt 241001
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
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
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.
E:\FR\FM\16DEP1.SGM
16DEP1
Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Proposed Rules
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.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
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
VerDate Sep<11>2014
18:25 Dec 15, 2016
Jkt 241001
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
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
91087
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
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 https://
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 https://
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
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.
2. In § 117.631, revise paragraph (a) to
read as follows:
■
§ 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 twelvehour advance notice is given.
*
*
*
*
*
E:\FR\FM\16DEP1.SGM
16DEP1
91088
Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Proposed Rules
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
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 81
[EPA–HQ–OAR–2016–0515; FRL–9956–20–
OAR]
RIN 2060–AT24
Determinations of Attainment by the
Attainment Date, Determinations of
Failure To Attain by the Attainment
Date and Reclassification for Certain
Nonattainment Areas for the 2006 24Hour Fine Particulate Matter National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing
determinations of attainment by the
attainment date and determinations of
failure to attain by the attainment date
for eleven areas currently classified as
‘‘Moderate’’ for the 2006 24-hour fine
particulate matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS). Specifically, the EPA is
proposing to determine that seven areas
attained the 2006 24-hour PM2.5 NAAQS
by December 31, 2015, based on
complete, quality-assured and certified
PM2.5 monitoring data for 2013–2015.
The EPA is also proposing to determine
that four areas failed to attain the 2006
24-hour PM2.5 NAAQS by December 31,
2015. Upon finalization of such
determinations of failure to timely attain
the NAAQS, these four areas will be
reclassified as ‘‘Serious’’ for the 2006
24-hour PM2.5 NAAQS by operation of
law. Within 18 months from the
effective date of reclassification, or 2
years before the applicable Serious area
attainment date, whichever is earlier,
states with jurisdiction over these areas
must submit State Implementation Plan
(SIP) revisions that comply with the
statutory and regulatory requirements
for Serious PM2.5 nonattainment areas.
DATES: Comments must be received on
or before January 17, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2016–0515, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:25 Dec 15, 2016
Jkt 241001
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ms.
Leigh Herrington, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, Mail code C539–01,
Research Triangle Park, NC 27711,
telephone (919) 541–0882; fax number:
(919) 541–5315; email address:
herrington.leigh@epa.gov.
SUPPLEMENTARY INFORMATION: This
preamble is organized as follows:
I. General Information
A. Does this action apply to me?
B. What should I consider as I prepare my
comments for the EPA?
C. Where can I get a copy of this document
and other related information?
D. What information should I know about
a possible public hearing?
II. Summary of Proposal and Background
A. Summary of Proposal
B. What is the background for this
proposed action?
III. Criteria for Determining Whether an Area
Has Attained the 2006 24-Hour PM2.5
Standards
IV. The EPA’s Proposed Action and
Associated Rationale
A. Determinations of Attainment
B. Determinations of Failure To Attain and
Reclassification
V. Summary of Proposed Actions
VI. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act
(URMA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
PO 00000
Frm 00040
Fmt 4702
Sfmt 4702
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
I. General Information
A. Does this action apply to me?
Entities potentially affected by this
action include states (typically state air
pollution control agencies) and, in some
cases, tribal governments. In particular,
seven states 1 with one or more areas
designated nonattainment and classified
as ‘‘Moderate’’ for the 2006 24-hour
PM2.5 NAAQS are affected by this
action. Entities potentially affected
indirectly by this proposal include
owners or operators of sources of
emissions of direct PM2.5 or PM2.5
precursors (ammonia, nitrogen oxides,
sulfur dioxide and volatile organic
compounds) that contribute to fine
particulate levels within the designated
nonattainment areas the EPA is
addressing in this action.
B. What should I consider as I prepare
my comments for the EPA?
1. Submitting CBI. Do not submit this
information to the EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be confidential
business information (CBI). For CBI
information in a disk or CD–ROM that
you mail to the EPA, mark the outside
of the disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed to be
CBI must be submitted for inclusion in
the public docket. Information so
marked will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
1 Alaska, Arizona, California, Idaho,
Pennsylvania, Tennessee and Utah.
E:\FR\FM\16DEP1.SGM
16DEP1
]]>Agencies
[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 https://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 https://www.regulations.gov. If your material cannot be
submitted using https://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 https://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 https://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
