Drawbridge Operation Regulation; Black River, Port Huron, MI, 10617-10619 [2018-04914]
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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Rules and Regulations
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
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
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. This rule will modify the
operating schedules of the bridges by
expanding winter hours, and also
modifies the operating schedule of all
City of Port Huron drawbridges.
DATES: This rule is effective April 11,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2017–1047 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this 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:
ADDRESSES:
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 IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
On December 11, 2017, we published
a notice of proposed rulemaking entitled
Drawbridge Operation Regulation; Black
River, Port Huron, MI in the Federal
Register (82 FR 58145). We did not
receive any comments on this proposed
rule.
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III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
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.
IV. Discussion of Comments, Changes
and the Final Rule
The Coast Guard provided a comment
period of 30 days and no comments
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10617
were received. 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 halfhour.
This 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 threequarter-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 rule 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 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 will provide
predictable bridge openings for vehicles
to cross the river at any time while still
providing for the reasonable needs of
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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Rules and Regulations
navigation. Between November 1 and
April 30 the bridge will require a 12hours 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 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.
This rule was coordinated with the
City of Port Huron, MI, local marine
facilities, local emergency responders
(including Coast Guard units), and local
marine stakeholders. It 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.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protesters.
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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.
This rule has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Executive order
13771 directs agencies to control
regulatory costs through a budgeting
process. Accordingly, it 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 bridge given advanced
notice.
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
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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 did not receive any
comments from the Small Business
Administration on this rule. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will 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 above this final rule
would not have a significant economic
impact on any vessel owner or operator.
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 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.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule calls 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 rule under that Order and
have determined that it is consistent
with the fundamental federalism
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principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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.
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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this 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 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 rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction.
A Record of Environmental
Consideration and a Memorandum for
the Record are not required for this 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.
List of Subjects in 33 CFR Part 117
Bridges
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Rules and Regulations
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
DEPARTMENT OF EDUCATION
34 CFR Chapter VI
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. Revise § 117.625 to read as follows:
§ 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: Febuary 23, 2018.
J.M. Nunan
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
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[FR Doc. 2018–04914 Filed 3–9–18; 8:45 am]
BILLING CODE 9110–04–P
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Federal Preemption and State
Regulation of the Department of
Education’s Federal Student Loan
Programs and Federal Student Loan
Servicers
Office of the Secretary,
Department of Education.
ACTION: Interpretation.
AGENCY:
Recently, several States have
enacted regulatory regimes that impose
new regulatory requirements on
servicers of loans under the William D.
Ford Federal Direct Loan Program
(Direct Loan Program). States also
impose disclosure requirements on loan
servicers with respect to loans made
under title IV of the Higher Education
Act of 1965, as amended (HEA). Finally,
State regulations impact Federal Family
Education Loan (FFEL) Program
servicing. The Department believes such
regulation is preempted by Federal law.
The Department issues this notice to
clarify further the Federal interests in
this area.
DATES: March 12, 2018.
FOR FURTHER INFORMATION CONTACT:
Kathleen Smith, Deputy Chief Operating
Officer, U.S. Department of Education,
Federal Student Aid, 830 First Street
NE, Union Center Plaza, Washington,
DC 20202–5453. Telephone: (202) 377–
4533 or via email: ED.NoticeResponse@
ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service, toll free, at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: Congress
created and expanded the Direct Loan
Program with the goal of simplifying the
delivery of student loans to borrowers,
eliminating borrower confusion,
avoiding unnecessary costs to taxpayers,
and creating a more streamlined student
loan program that could be managed
more effectively at the Federal level.
Recently, several States have enacted
regulatory regimes or applied existing
State consumer protection statutes that
undermine these goals by imposing new
regulatory requirements on the
Department’s Direct Loan servicers,
including State licensure to service
Federal student loans. State servicing
laws are purportedly aimed only at
student loan servicers, but such
regulation affects the ‘‘[o]bligations and
rights of the United States under its
contracts’’ with servicers and with
student loan borrowers, the
‘‘relationship between a Federal agency
and the entity it regulates,’’ and the
SUMMARY:
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10619
rights of the Federal government related
to federally held debt. (Boyle v. United
Technologies Corp., 487 U.S. 500, 504–
05 (1988); Buckman Co. v. Plaintiffs’
Legal Comm., 531 U.S. 341, 347 (2001);
United States v. Victory Highway Vill.,
Inc., 662 F.2d 488, 497 (8th Cir. 1981).)
Accordingly, the servicing of Direct
Loans is an area ‘‘involving uniquely
Federal interests’’ that must be
‘‘governed exclusively by Federal law.’’
(Boyle, 487 U.S. at 504.)
A. Interest of the United States
Recently, the United States filed a
Statement of Interest in a lawsuit
brought by the Commonwealth of
Massachusetts against a Department
loan servicer alleging violations of
Massachusetts State law for allegedly
unfair or deceptive acts related to the
servicing of Federal student loans and
administration of programs under the
HEA. (Statement of Interest by the
United States, Massachusetts v.
Pennsylvania Higher Education
Assistance Agency, d/b/a FedLoan
Servicing, No. 1784–CV–02682 (Mass.
Super. Ct., filed Jan. 8, 2018).) The
United States explained that
Massachusetts is improperly seeking to
impose requirements on the
Department’s servicers that conflict with
the HEA, Federal regulations, and
Federal contracts that govern the
Federal loan programs. Accordingly,
Massachusetts’ claims are preempted
because the State has sought to
proscribe conduct Federal law requires
and to require conduct Federal law
prohibits. We believe that attempts by
other States to impose similar
requirements will create additional
conflicts with Federal law.
This is not a new position. The
United States has previously responded
when State law has been utilized in a
way that conflicts with the operation
and purposes of loan programs the
Department administers pursuant to the
HEA. On October 1, 1990, the
Department issued a notice of its
interpretation of regulations governing
the FFEL Program (then known as the
Guaranteed Student Loan program) (55
FR 40120) that prescribe the actions
lenders and guaranty agencies must take
to collect loans. The Department
explained its view that these regulations
preempt State law regarding the conduct
of these loan collection activities.
In 2009, the United States intervened
in Chae v. SLM Corporation, 593 F.3d
936 (9th Cir. 2010), a case in which
plaintiffs sought to apply State
consumer protection laws to a FFEL
Program loan servicer, to explain that
the State laws on which the plaintiffs
relied conflicted with Federal law.
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]]>Agencies
[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Rules and Regulations]
[Pages 10617-10619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04914]
[[Page 10617]]
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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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying 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. This rule will modify the operating schedules of the bridges
by expanding winter hours, and also modifies the operating schedule of
all City of Port Huron drawbridges.
DATES: This rule is effective April 11, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2017-1047 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On December 11, 2017, we published a notice of proposed rulemaking
entitled Drawbridge Operation Regulation; Black River, Port Huron, MI
in the Federal Register (82 FR 58145). We did not receive any comments
on this proposed rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
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.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 30 days and no
comments were received. 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 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 rule 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 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 will provide predictable bridge openings
for vehicles to cross the river at any time while still providing for
the reasonable needs of
[[Page 10618]]
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 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.
This rule was coordinated with the City of Port Huron, MI, local
marine facilities, local emergency responders (including Coast Guard
units), and local marine stakeholders. It 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.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
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. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Executive order 13771
directs agencies to control regulatory costs through a budgeting
process. Accordingly, it 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 bridge given advanced notice.
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 did not receive any comments from the Small
Business Administration on this rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will 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
above this final rule would not have a significant economic impact on
any vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this 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
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 rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
A Record of Environmental Consideration and a Memorandum for the
Record are not required for this 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.
List of Subjects in 33 CFR Part 117 Bridges
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
[[Page 10619]]
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: Febuary 23, 2018.
J.M. Nunan
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-04914 Filed 3-9-18; 8:45 am]
BILLING CODE 9110-04-P
