[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Proposed Rules]
[Pages 19082-19084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9887]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-97-008]
RIN-2115-AE47


Drawbridge Operation Regulations; Grand River, MI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the operating hours of the 
U.S. Route 31 highway bridge at mile 2.9 over the Grand River in Grand 
Haven, MI. The proposed changes would reduce the number of bridge 
openings for recreational vessels to relieve vehicular traffic 
congestion and would reduce the notice requirements for draw openings 
during the winter months.

    The Coast Guard requests comments on the proposed revisions.

DATES: Comments must be received on or before July 15, 1997.

ADDRESSES: Comments may be mailed or delivered to: Commander (obr), 
Ninth Coast Guard District, 1240 East Ninth Street, Room 2019, 
Cleveland, OH 44199-2060 between 6:30 a.m. and 3:00 p.m., Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Robert Bloom, Chief, Bridge Branch at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

    Drafting Information: The principal persons involved in drafting 
this document are Mr. Scot Striffler, Project Manager, and Lieutenant 
Commander Kent Booher, Project Counsel, Ninth Coast Guard District.

Requests for Comments

    The Coast Guard encourages interested persons to submit written 
data, or arguments for or against this rule. Persons submitting 
comments should include their name, address, identify this rulemaking 
(CGD09-97-008), the specific section of this rule to which each comment 
applies, and the reason(s) for each comment. The Coast Guard requests 
that all comments and attachments be submitted in an 8\1/2\  x  11'' 
unbound format suitable for copying and electronic filing. If that is 
not practical, a second copy of any bound material is requested. 
Persons wanting acknowledgement of receipt of comments should enclose a 
stamped self-addressed post card or envelope. Persons may submit 
comment by writing to the Commander (obr), Ninth

[[Page 19083]]

Coast Guard District listed under addresses.

Background and Purpose

    In July, 1996, the city of Grand Haven, MI, requested the Coast 
Guard approve a temporary deviation to the regulations which govern the 
U.S. Route 31 highway bridge at mile 2.9 over the Grand River in Grand 
Haven, MI. The bridge presently opens on signal from 3 minutes before 
to 3 minutes after the hour and half hour between 6:03 a.m. and 9:03 
p.m. The city sought to reduce bridge openings to relieve vehicular 
traffic congestion and still provide for the needs of navigation, 
particularly during rush-hour times. A trial schedule was devised and 
the temporary deviation was published in September, 1996. Under this 
schedule, the bridge was required to open on signal for recreational 
vessels, from 6 a.m. to 9 p.m., once an hour from 3 minutes before to 3 
minutes after the half-hour; except the bridge was not required to open 
for the passage of recreational traffic at 7:30 a.m., 12:30 p.m., 4:30 
p.m., or 5:30 p.m.
    The Coast Guard received five letters with comments from the public 
in response. All comments were from recreational vessel operators, or 
their representatives, who opposed the revised schedule. The primary 
exception to the revised schedule involved the ``blackout'' periods 
during afternoon rush-hour when the bridge was not required to open for 
vessel traffic. Specifically, the 5:30 p.m. blackout time on Wednesday 
interfered with the scheduled activities of vessel operators.
    The City of Grand Haven City Council conducted meetings on November 
18, 1996, January 6, 1997, January 27, 1997, and February 10, 1997 to 
collect input from concerned parties and discuss alternatives to the 
temporary schedule used in 1996. Additionally, the cities of Ferrysburg 
and Spring Lake conducted similar public meetings to discuss the issue. 
As a result of these joint meetings, the three municipalities submitted 
a request to the Coast Guard on February 11, 1997 for a permanent 
change to the regulations and a new operating schedule.
    The combined efforts of the three municipalities served on Grand 
River has resulted in a proposed bridge operating schedule that 
satisfies the needs and desires of recreational vessel operators on 
Grand River, relieves vehicular traffic congestion, and provides for 
the anticipated increase of commercial vessel traffic in the area.
    From March 16 to December 14, the bridge will only be required to 
open for recreational vessel traffic once an hour, on the half-hour, 7 
days a week, from 6:30 a.m. to 8:30 p.m., except the bridge need not 
open at 7:30 a.m., 12:30 p.m., and 5:30 p.m. on Mondays, Tuesdays, 
Thursdays, and Fridays. On Wednesdays, the bridge need not open at 7:30 
a.m., 12:30 p.m., and 4:30 p.m. This schedule will apply to 
recreational vessel traffic only. The bridge will open on signal for 
commercial vessel traffic. Additionally, in anticipation of increased 
commercial vessel traffic in 1997, the Coast Guard will reduce the 
advance notice requirement, from 24 hours to 12 hours, for vessels 
requesting an opening of the draw between December 15 and March 15.

Regulatory Evaluation

    This proposed 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 proposed rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. This proposed rule was requested and 
drafted at the behest of three communities on Grand River and only 
after the aggressive solicitation of input from recreational and 
commercial entities in the area.

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.
    The concerns of boat operators, and the facilities that provide 
services to these marine users, have been conscientiously applied by 
the originators of this action. Furthermore, this proposed rule has 
been designed to balance the needs of the marine servicing industry as 
well as entities served along the highway route.
    Therefore, the Coast Guard finds that this proposed 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 proposed to 
be amended 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. 117.633 is amended by revising paragraphs (b) and 
(c) to read as follows:


Sec. 117.633  Grand River.

* * * * *
    (b) The draw of the CSX Transportation Corp. railroad bridge, mile 
2.8 at Grand Haven, shall open on signal; except that, from December 15 
through March 15, the draw shall open on signal if at least 12 hours 
notice is given.
    (c) The draw of the U.S. Route 31 bridge, mile 2.9 at Grand Haven, 
shall open on signal for pleasure craft--
    (1) From March 16 through December 14, from 6:30 a.m. to 8:30 p.m., 
seven days a week, once an hour, on the half-hour; except the draw need 
not open for pleasure craft at 7:30 a.m., 12:30 p.m.,

[[Page 19084]]

and 5:30 p.m. on Monday, Tuesday, Thursday, and Friday, and at 7:30 
a.m., 12:30 p.m., and 4:30 p.m. on Wednesday.
    (2) From December 15 through March 15, if at least 12 hours notice 
is given.
* * * * *
    Dated: April 9, 1997.
G. F. Woolever
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 97-9887 Filed 4-17-97; 8:45 am]
BILLING CODE 4910-14-M