[Federal Register Volume 67, Number 91 (Friday, May 10, 2002)]
[Proposed Rules]
[Pages 31745-31747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11718]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-02-017]
RIN-2115-AE47


Drawbridge Operation Regulations; Saginaw River, MI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the operating regulation 
governing drawbridges over Saginaw River in Bay City, Michigan. The 
proposed rule would update current owners of railroad bridges, add a 
bridge that has been constructed, remove a bridge that has been 
demolished, and assign standardized mile marker designations. The 
revision was requested by the Michigan Department of Transportation and 
the city of Bay City, Michigan, to update the regulation for bridges on 
Saginaw River.

DATES: Comments must be received on or before July 9, 2002.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Ninth Coast Guard District, 1240 East Ninth Street, Room 2019, 
Cleveland, OH, 44199-2060. Ninth Coast Guard District maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket (CGD09-02-017) 
and are available for inspection or copying at the address above 
between 8 a.m. and 3 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Scot M. Striffler, Project 
Manager, Ninth Coast Guard District Bridge Branch, at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments for or 
against this rule. Persons submitting comments should include names and 
addresses, identify the rulemaking (CGD09-02-017) and the specific 
section of this proposed rule to which each comment applies, and give 
the reason(s) for each comment. Please submit 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 
acknowledgement of receipt of comments should enclose a stamped, self-
addressed postcard or envelope.

Public Meeting

    The Coast Guard plans no public hearing. Individuals may request a 
public hearing by writing to the address under ADDRESSES. The request 
should include the reasons why a hearing would be beneficial. If the 
Coast Guard determines that the opportunity for oral presentation will 
aid this rulemaking, we will hold a public hearing at a time and place 
announced by a later notice in the Federal Register.

Background and Purpose

    The current bridge operating regulations for drawbridges over 
Saginaw River are found in 33 CFR Sec. 117.647. The city of Bay City 
operates all highway drawbridges on Saginaw River, including the 
Veterans Memorial bridge and Lafayette Street bridge, miles 5.6 and 
6.78, respectively, which are owned by the Michigan Department of 
Transportation (MDOT). The current regulation does not contain an 
operating schedule for the Liberty Street bridge, which was constructed 
in 1987. The former Sixth Avenue bridge at mile 17.1 was removed in 
1985.
    In addition to the proposed changes for the highway bridges, the 
railroad bridges listed at miles 2.5 and 4.4, respectively, have 
changed ownership and would be updated through this rulemaking.
    The mile marker designations for the bridges listed in this 
rulemaking will be revised to reflect the mile markers used in the 
United States Coast Pilot for proper cross-reference.

Discussion of Proposed Rule

    The city of Bay City, Michigan has asked the Coast Guard to update 
Sec. 117.647 by adding an operating schedule for Liberty Street bridge, 
which is located between Independence bridge and Veterans Memorial 
bridge. The current regulation has established bridge openings from 
March 16 to December 15 each year, between the hours of 8 a.m. and 8 
p.m. on Saturdays, Sundays, and Federal holidays, to provide a 
continuous flow of vessels between Independence and Lafayette Street 
bridges during the busiest periods of vessel traffic on the river. All 
four highway bridges open twice an hour for pleasure vessels between 8 
a.m. and 8 p.m. Two of the four bridges open on the hour and half-hour, 
while the other two bridges open on the quarter hour and three-quarter 
hour. This schedule is designed to have each bridge open in succession 
as vessels pass through. With the addition of Liberty Street bridge, 
this proposed rule would correctly place the bridges in proper order. 
The Veterans Memorial and Lafayette Street bridges will be adjusted to 
place them in the proper order for successive passage.
    The Sixth Street bridge will be removed from the regulation because 
the bridge no longer exists. The names of the former Detroit and 
Mackinac and Conrail railroad bridges, miles 2.5 and

[[Page 31746]]

4.4, respectively, will be updated to reflect the current owners.
    In addition, the mile markers for all listed bridges will be 
corrected to match the mile marker listings in the U.S. Coast Pilot to 
eliminate confusion and provide proper cross-references.

Regulatory Evaluation

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that order. The Office of Management and 
Budget has not reviewed it 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 determination is based on the relatively minor adjustments to 
the current regulation. There are no additional limitations placed on 
navigation, and the proper sequencing of bridge openings is expected to 
improve service to navigation and vehicular traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast 
Guard must consider whether this proposed rule will have a significant 
impact on a substantial number of small entities. ``Small entities'' 
may include small businesses and 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 
people.
    The proposed schedule is not expected to place any additional 
limitations on passing vessel traffic. No identified entities would be 
unable to pass the bridges, as needed. Therefore, the Coast Guard 
certifies under 5 U.S.C 605(b) that this proposed rule will not have a 
significant economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the Bridge 
Administration Branch, Ninth Coast Guard District, at the address 
above.

Collection of Information

    This proposed rule would call for no new collection of information 
requirement under the Paperwork Reduction Act (44 U.S.C. 3520).

Federalism

    The Coast Guard has analyzed this proposed rule under the 
principles and criteria contained in Executive Order 13132, and 
determined that this proposed rule does not have federalism 
implications under that Order.

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 or more in any 
one year. Though this proposed rule will not result in such 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed rule is not an economically significant rule and 
does not concern an environmental risk to health or risk to safety that 
may disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it will 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 
responsibility between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and it is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information andRegulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this 
proposed rule and concluded that, under figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.lD, this proposed rule is categorically 
excluded from further environmental documentation. A ``Categorical 
Exclusion Determination'' is available in the docket where indicated 
under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For reasons set out in the preamble, the Coast Guard proposes to 
amend Part 117 of Title 33, Code of Federal Regulations, 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.

    2. In Sec. 117.647, revise paragraph (a), and paragraphs (b), 
introductory text, (b)(3), and (b)(4); remove paragraph (c);

[[Page 31747]]

and redesignate paragraphs (d) and (e) as paragraphs (c) and (d), to 
read as follows:


Sec. 117.647  Saginaw River.

    (a) The draws of the Lake State Railways railroad bridge, mile 3.10 
at Bay City, and the Central Michigan railroad bridge, mile 4.94 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 advance notice 
is provided.
    (b) The draws of the Independence bridge, mile 3.88, Liberty Street 
bridge, mile 4.99, Veterans Memorial bridge, mile 5.60, and Lafayette 
Street bridge, mile 6.78, all in Bay City, shall open on signal from 
March 16 through December 15, except as follows:
    (1) * * *
    (3) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal 
holidays, the draws of the Independence and Veterans Memorial bridges 
need not be opened for the passage of pleasure craft except from three 
minutes before to three minutes after the hour and half-hour.
    (4) From 8 a.m. to 8 p.m. on Saturdays, Sundays, and Federal 
holidays, the draws of the Liberty Street and Lafayette Street bridges 
need not be opened for the passage of pleasure craft, except from three 
minutes before to three minutes after the quarter hour and three-
quarter hour.
* * * * *

    Dated: April 29, 2002.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 02-11718 Filed 5-9-02; 8:45 am]
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