[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Rules and Regulations]
[Pages 11118-11120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04743]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0934]
RIN 1625-AA09


Drawbridge Operation Regulation; Saginaw River, Bay City, MI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending its regulations regarding 
drawbridge operations in Saginaw River, Bay City, MI. In a final rule 
entitled, ``Drawbridge Operation Regulation; Saginaw River, Bay City, 
MI'' that appeared in the Federal Register on April 12, 2012, the Coast 
Guard revised the drawbridge opening schedules for the Saginaw River 
and inadvertently excluded the CSX Railroad Bridge and the Grand Trunk 
Western Railroad Bridge. This document amends the regulations by adding 
these two bridges back into the regulations.

DATES: This rule is effective March 3, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type [USCG-
2015-0934] 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 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
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the publishing of the original final 
rule [Docket No. USCG-2011-1013] omitted regulatory language that was 
published in the previous rulemaking NPRM, but was inadvertently left 
out of the final rule published on April 12, 2012. Therefore, it is 
unnecessary to issue a rule without prior notice and opportunity to 
comment because the public was already provided an opportunity to 
comment on these provisions, had no objections during the previous 
comment period, and the operation of the bridges is consistent with 
this rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective in less than 30 days after 
publication in the Federal Register. The regulation change has already 
taken place and the correction of the regulation will not affect 
mariners currently operating on this waterway. Therefore, a delayed 
effective date is unnecessary.
    The NPRM for the regulations, published on December 8, 2011 (76 FR 
76637), proposed to revise Sec.  117.647. At the end of the rule, the 
following characters were included in the NPRM: ``* * * * *.'' These 
characters indicated the Coast Guard's intention to retain paragraphs 
(c) and (d) which were included in the regulations at the time of the 
NPRM regarding the CSX Railroad Bridge located at mile 18.0 over the 
Saginaw River and the Grand Trunk Western Railroad Bridge located at 
mile 19.2 of the Saginaw River. However, the final rule, which was 
published on April 24, 2012 (77 FR 21864), did not preserve these 
paragraphs. The purpose of this amendment is to ensure that the 
regulation accurately reflects the original intention and inclusion of 
these inadvertently omitted paragraphs.

III. Discussion of Final Rule

    The purpose of this rule is to correct 33 CFR 117.647 in the Code 
of Federal Regulations.
    As noted above, this rule restores language that was previously 
excluded. This rule is correcting the regulation in 33 CFR 117.647 by 
restoring the listing of drawbridges allowed to remain closed. The CSX 
Railroad Bridge located at mile 18.0 of the Saginaw River and the Grand 
Trunk Western Railroad Bridge located on mile 19.2 of the Saginaw River 
will retain their current operating schedule. This rule will not affect 
waterway traffic or land transportation needs because the status of the 
two drawbridges has been in effect since 1994.

[[Page 11119]]

IV. 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. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. The Coast Guard does not consider this rule to be 
``significant'' under that Order because it is an administrative change 
that corrects inadvertently omitted language that is consistent with 
the current operation of the bridges. Therefore, this rule does not 
affect the way vessels operate on the waterway.

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 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.A 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.
    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.

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:

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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. In Sec.  117.647, add paragraphs (c) and (d) to read as follows:


Sec.  117.647  Saginaw River.

* * * * *
    (c) The draw of the CSX railroad bridge, mile 18.0, need not be 
opened for the passage of vessels. The owner shall return the draw to 
an operable condition within a reasonable time when directed by the 
District Commander to do so.
    (d) The draw of the Grand Trunk Western railroad bridge, mile 19.2, 
need not be opened for the passage of vessels.


[[Page 11120]]


    Dated: February 10, 2016.
J.E. Ryan,
Rear Admiral, U. S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-04743 Filed 3-2-16; 8:45 am]
 BILLING CODE 9110-04-P