[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Rules and Regulations]
[Pages 15135-15137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05998]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying the operating schedule of the 
Grosse Ile Toll Bridge (Bridge Road) at mile 8.8, over Trenton Channel 
at Grosse Ile, MI by adding permanent winter hours to the current 
regulation for the waterway. 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: This rule is effective April 26, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type [USCG-
2016-0988]. 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
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 Information and Regulatory History

    On December 16, 2016, we published a notice of proposed rulemaking 
(NPRM) entitled, Drawbridge Operation Regulation; Detroit River 
(Trenton Channel), Grosse Ile, MI, in the Federal Register (81 FR 
91086). We did not receive any comments on this proposed rule.

[[Page 15136]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority of 33 
U.S.C. 499. The Grosse Ile Toll Bridge (Bridge Road) at mile 8.8, over 
Trenton Channel at Grosse Ile, MI is a center swing highway bridge that 
provides a vertical clearance of 10 feet and a horizontal clearance of 
126 feet. The bridge provides a crossing between the mainland and 
Grosse Ile, an island in the Detroit River. The current regulation for 
Trenton Channel drawbridges (33 CFR 117.631) includes the operating 
schedules for the Grosse Ile Toll Bridge (Bridge Road) at mile 8.8 and 
the Wayne County Highway Bridge (Grosse Ile Parkway) Bridge at mile 
5.6, both at Grosse Ile, MI. Only the Wayne County Highway Bridge 
currently has a permanent winter operating schedule that requires 12-
hours advance notice from vessels to obtain a bridge opening from 
December 15 through March 15 each year. A review of the current 
operating schedule and regulation was requested by the Grosse Ile 
Bridge Company, owner of the Grosse Ile Toll Bridge (Bridge Road), to 
allow a permanent winter operating schedule that matches the Wayne 
County Highway Bridge.
    Over the past two winter seasons, the commercial vessel traffic has 
been reduced significantly and waterway use through Grosse Ile Toll 
Bridge is equivalent to the volume and type of traffic that passes 
through the Wayne County Highway Bridge that has had permanent winter 
hours for approximately 10 years. Mariners will still be able to 
request bridge openings with 12-hours advance notice during times of 
light traffic volume on the river due to ice formation that typically 
prevents most vessel 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.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a 30 day comment period in the Federal 
Register and solicited comments through the Ninth Coast Guard Local 
Notice to Mariners for the same 30 days and we did not receive any 
comments.
    The Coast Guard is modifying the operating schedule of the Grosse 
Ile Toll Bridge (Bridge Road) at mile 8.8, over Trenton Channel at 
Grosse Ile, MI by adding permanent winter hours and 12-hours advance 
notice requirement to the current regulation for the drawbridge. This 
rule will make the current regulation easier to understand by aligning 
the winter operating schedules and requirements for both drawbridges 
over the waterway from December 15 through March 15 each year. At all 
times both drawbridges over Trenton Channel 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.

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. 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.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice during the 
winter when ice typically prevents vessels from transiting the waterway 
and vessel traffic is at its lowest. Changing the current regulation 
will align drawbridge operating schedules throughout the waterway 
harmonizing the regulation and making it easier to understand for the 
mariners.

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.A above this final rule 
would not have a significant economic impact on any vessel owner or 
operator because the bridge will open with advance notice.
    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

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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; 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.
* * * * *

    Dated: March 10, 2017.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2017-05998 Filed 3-24-17; 8:45 am]
 BILLING CODE 9110-04-P