[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]



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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.

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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 http://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

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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