[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Rules and Regulations]
[Pages 9271-9272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4722]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-98-055]
RIN-2115-AE47


Drawbridge Operation Regulations; River Rouge (Short Cut Canal), 
Michigan

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is removing the 
operating regulations governing the Fort Street and Jefferson Avenue 
bridges, miles 1.1 and 2.2, respectively, over River Rouge in Detroit, 
Michigan. The regulations were found to be obsolete after construction 
of the Interstate 75 overpass over River Rouge. The removal of 
restrictive opening times during rush-hour periods will improve service 
to commercial vessel traffic on River Rouge.

DATES: This rule is effective on May 26, 1999, unless the Coast Guard 
receives written adverse comments or written notice of intent to submit 
adverse comments on or before April 26, 1999. If adverse comment is 
received, the Coast Guard will publish a timely withdrawal of this rule 
in the Federal Register.

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. The telephone number is (216) 
902-6084.
    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 address above.

FOR FURTHER INFORMATION CONTACT: Mr. Scot M. Striffler, Project 
Manager, at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting data, views or arguments for or against 
this rule. Persons submitting comments should include their name, 
address, identify this rulemaking (CGD09-98-055), 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

[[Page 9272]]

attachments be submitted in an 8\1/2\''x11'' unbound format suitable 
for copying and electronic filing. If that is not practical, a second 
copy of any bound material is requested. Persons wanting acknowledgment 
of receipt of comments should enclose a stamped, self-addressed 
postcard or envelope.

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 notice 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 announcing confirmation 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 in the final rule section 
of the Federal Register a timely withdrawal of this rule. If the Coast 
Guard decides to proceed with a rulemaking, 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

    This action was initiated by the International Ship Masters' 
Association (ISMA), an organization representing American and Canadian 
mariners operating on the Great Lakes, particularly those who regularly 
transit River Rouge. ISMA members claimed that vehicular traffic had 
sharply declined on Fort Street and Jefferson Avenue bridges following 
construction of the I-75 overpass, and that restricted bridge openings 
during morning and afternoon rush-hour periods were no longer 
necessary.
    The District Commander queried local Coast Guard commands, and the 
owners of the bridges, for comments and observations concerning traffic 
patterns and impact on navigation in River Rouge. Local Coast Guard 
units supported ISMA's observations of conditions at the two bridges. 
The owners of Fort Street bridge (Michigan Department of 
Transportation), and Jefferson Avenue bridge (Wayne County, MI), were 
contacted and asked to provide comments concerning the status of 
vehicular traffic on the bridge and the need for restricted bridge 
openings. Both owners validated the reduction in vehicular traffic over 
these highways and stated no objections to the Coast Guard rescinding 
the current operating regulations.
    This action would remove the regulation in 33 CFR 117.645 in its 
entirety.

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 
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 determination is made based on the fact that bridge openings 
were originally reduced to accommodate vehicular traffic crossing River 
Rouge. The Interstate overpass has effectively eliminated rush-hour 
congestion at this location, and subsequently restores the need for the 
bridge to open on signal for marine traffic.

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.
    This rule will not affect the volume of vehicular traffic in the 
area, nor is it expected to adversely impact any industries located on 
River Rouge. The companies queried by the Coast Guard expressed no 
objections to this action.
    Therefore, 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. 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 figure 2.1, paragraph 32(e) of Commandant 
Instruction M16475.1C, 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 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 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.


Sec. 117.645  [Removed]

    2. Remove Sec. 117.645.

    Dated: February 8, 1999.
J.F. McGowan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 99-4722 Filed 2-24-99; 8:45 am]
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