[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17274]


[[Page Unknown]]

[Federal Register: July 15, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-94-019]
RIN 2115-AE47

 

Drawbridge Operation Regulations; Saginaw River, MI

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: This amendment removes the regulations for the I-75 highway 
drawbridge, mile 14.5 across the Saginaw River at Zilwaukee, Michigan, 
because a fixed span replacement bridge has been constructed and the 
bascule bridge has been removed. A notice of proposed rulemaking has 
not been issued for this regulation because the bascule bridge is no 
longer in existence, eliminating the need for regulation.

EFFECTIVE DATE: This rule becomes effective on August 15, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. Robert W. Bloom, Jr., Chief, Bridge Branch, Ninth Coast Guard 
District, at (216) 522-3993.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal person involved in drafting this document is Mr. Fred 
H. Mieser, Project Manager.

Background and Purpose

    The bascule bridge across the Saginaw River, mile 14.5, at 
Zilwaukee, Michigan, was replaced by a high level fixed bridge at mile 
14.61 from the mouth of the river. The bascule bridge has been removed; 
therefore, the need for 33 CFR 117.647(c) has been eliminated. This 
action has no economic consequences. It merely removes regulations for 
a bridge that no longer exists.
    This action necessitates redesignating the regulations listed in 33 
CFR 117.647 (d), (e), and (f) for the Sixth Avenue bridge, mile 17.1, 
Chessie System railroad bridge, mile 18.0, and Grand Trunk Western 
railroad bridge, mile 19.2 all across the Saginaw River within the 
State of Michigan.

Regulatory Evaluation

    This regulation is not a significant regulatory action under 
section 3(f) of Executive Order 12866 and does not require an 
assessment of potential costs and benefits under section 6(a)(3) of 
that order. It has been exempted from review by the Office of 
Management and Budget under that order. It is not significant under the 
regulatory policies and procedures of the Department of Transportation 
(DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the 
economic impact of this rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. We conclude this because the rule 
which is being changed is for a drawbridge that has been removed from 
the waterway and no longer exists.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this action will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' include independently owned and operated small businesses 
that are not dominant in their field and otherwise qualify as ``small 
business concerns'' under section 3 of the Small Business Act (15 
U.S.C. 632).
    Since the I-75 drawbridge has been removed and replaced by a fixed 
bridge, the rule governing the I-75 drawbridge is no longer 
appropriate. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) 
that this rule will not have a significant impact on a substantial 
number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this action under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this final rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under section 2.B.2.g.5 of Commandant Instruction 
M16475.1B, promulgation of operating requirements or procedures for 
drawbridges is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination Statement has been 
prepared and placed in the docket.

List of Subjects in 33 CFR Part 117

    Bridges.

    For reasons set out in the preamble, the Coast Guard is amending 33 
CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATING REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows.

    Authority:  33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

    2. In Sec. 117.647, paragraph (c) is removed and paragraphs (d), 
(e), and (f) are redesignated as paragraphs (c), (d), and (e) 
respectively.

    Dated: July 5, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 94-17274 Filed 7-14-94; 8:45 am]
BILLING CODE 4910-14-M