[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Rules and Regulations]
[Pages 24235-24236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11895]



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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 117

[CGD09-96-003]
RIN 2115-AE47


Drawbridge Operation Regulations; Saginaw River, MI

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is revising the 
regulations governing the operations of the CSX (formerly the Chessie 
System) railroad bridge at mile 18.0 over the Saginaw River in Saginaw, 
Michigan. The owners have made a request to the Coast Guard to maintain 
the bridge as a fixed structure with the stipulation and understanding 
that the bridge may be placed back into operation within six months 
upon notification of the Coast Guard.

DATES: This rule is effective on August 12, 1996, unless the Coast 
Guard receives written adverse comments or written notice of intent to 
submit adverse comments on or before July 15, 1996. If such comments or 
notice are received, the Coast Guard will withdraw this direct final 
rule, and a timely notice of withdrawal will be published in the 
Federal Register.

ADDRESSES: Comments may be mailed to Commander (obr), Ninth Coast Guard 
District, 1240 E. Ninth St., Cleveland, OH 44199-2060, or may be 
delivered to room 2083 at the same address between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays. The telephone number is 
(216) 522-3993.
    The District Commander maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at the above address during the 
same time.

FOR FURTHER INFORMATION CONTACT:
Mr. Scott M. Striffler, Project Manager, at (216) 522-3993.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    Any comments must identify the name and address of the person 
submitting the comment, specify the rulemaking docket (CGD09-96-003) 
and the specific section of this rule to which each comment applies, 
and give the reason for each specific comment. Please submit two copies 
of all comments and attachments in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. 
Persons wanting acknowledgment of receipt of comments should enclose 
stamped, self-addressed postcards or envelopes.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
of which are outlined in 33 CFR 1.05-55, because no adverse comments 
are anticipated. If no adverse comments or any written notices of 
intent to submit adverse comment are received within the specified 
comment period, this rule will become effective as stated in the DATES 
section. In that case, approximately 30 days prior to the effective 
date, the Coast Guard will publish a notice in the Federal Register 
stating that no adverse comment was received and confirming that this 
rule will become effective as scheduled. However, if the Coast Guard 
receives written adverse comment or written notice of intent to submit 
adverse comment, the Coast Guard will publish a notice in the final 
rule section of the Federal Register to announce withdrawal of all or 
part of this direct final rule. If adverse comments apply to only part 
of this rule, and it is possible to remove that part without defeating 
the purpose of this rule, the Coast Guard may adopt as final those 
parts of this rule on which no adverse comments were received. The part 
of this rule that was the subject of adverse comment will be withdrawn. 
If the Coast Guard decides to proceed with a rulemaking following 
receipt of adverse comments, a separate Notice of Proposed Rulemaking 
(NPRM) will be published and a new opportunity for comment provided.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change.

Background and Purpose

    The placement of a movable bridge in a ``fixed status'' means that 
the bridge is essentially locked in the closed position and all the 
operating gear removed. This rule will allow the owners (CSX Railroad 
Corp.) of the CSX (formerly the Chessie System) railroad bridge, at 
mile 18.0 over the Saginaw River in Saginaw, Michigan, to maintain the 
bascule bridge in a ``fixed status''. The owners initiated this action 
due to the absence of any requests to open the bridge for commercial 
traffic since 1988. Furthermore, the bridge is unattended and subject 
to high maintenance costs from recurring vandalism. As part of the 
background for this rulemaking, the Coast Guard requested bridgetender 
logs for the previous five years, but CSX stated that it did not 
maintain records for this bridge during the period because no requests 
for openings were made. The Coast Guard asked for confirmation of the 
owner's claims from the local Coast Guard Station in Saginaw, Michigan. 
The Station verified that the bridge had not opened within the 
experience of the personnel assigned there. The Station also noted that 
they are not aware of any commercial traffic that has, or will have, a 
need to pass

[[Page 24236]]

through the bridge. Additionally, there are currently no loading or 
unloading facilities for commercial vessels above the bridge. The Coast 
Guard queried the Lake Carriers Association (LCA), representatives of 
Great Lakes commercial shipping companies, to determine what the impact 
of allowing the bridge to be maintained as a fixed structure may have 
on current and anticipated commercial marine traffic. The LCA indicated 
that their members would not be adversely impacted by the conversion of 
the bridge from a bascule to a fixed span. The owners pointed out that 
the Grand Trunk and Western railroad bridge, further upriver at mile 
19.2, was converted from a movable to a fixed span in previous years 
and does not impact marine traffic in this area of the river. The CSX 
bridge has a vertical clearance of 13 feet, which is one foot higher 
than the Grand Trunk and Western bridge. The Coast Guard has 
stipulated, and the owners have agreed, to restore this bridge to an 
operable status within six months of notification by the Coast Guard if 
there is future commercial marine activity in the area. The Coast Guard 
concludes that the placement of this bridge in a fixed status would not 
impact commercial marine interests and does not anticipate any adverse 
comments to this Direct Final Rule.

Regulatory Evaluation

    This rule 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 not been reviewed 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. 
This conclusion is based on the fact that there has been no active 
commerce upriver from this bridge for many years and this situation is 
not expected to change in the future. Additionally, no vessel has 
requested that the bridge be opened since 1988. While there is some 
recreational marine traffic active above this bridge, the placement of 
a similar railroad bridge in a fixed status 1.2 miles further upriver 
has not caused any adverse effects for any business, recreational, or 
commercial vessel.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) Small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    Therefore, for the reasons discussed above, the Coast Guard finds 
that this rule will not have a significant economic impact on a 
substantial number of small entities. Any comments submitted in 
response to this finding will be evaluated under the criteria described 
earlier in the preamble for comments.

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 rule under the principles and 
criteria contained in Executive Order 12612 and has determined that 
this 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 paragraph 2.B.2 of Commandant Instruction 
M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this rule is 
categorically excluded from further environmental documentation. A 
``Categorical Exclusion Determination'' is available in the docket for 
inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For reasons set out in the preamble, 33 CFR part 117 is revised as 
follows:

PART 117--DRAWBRIDGE OPERATION 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(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section Sec. 117.647 is amended by revising paragraphs (a) and 
(d) to read as follows:


Sec. 117.647  Saginaw River.

    (a) The draws of the Detroit and Mackinac railroad bridge, mile 2.5 
at Bay City, and the Conrail railroad bridge, mile 4.4 at Bay City, 
shall open on signal; except that, from December 16 through March 15, 
the draws shall open on signal if at least 12 hours notice is given.
* * * * *
    (d) 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.
* * * * *
    Dated: April 26, 1996.
G.F. Woolever,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 96-11895 Filed 5-13-96; 8:45 am]
BILLING CODE 4910-14-M