[Federal Register Volume 67, Number 146 (Tuesday, July 30, 2002)]
[Rules and Regulations]
[Pages 49239-49240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19136]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the operating regulation governing 
drawbridges over Saginaw River in Bay City, Michigan. This rule updates 
current owners of railroad bridges, adds Liberty Street bridge to the 
list of drawbridges with regulated hours, removes Sixth Street bridge 
from the list of drawbridges with regulated hours, and assigns 
standardized mile marker designations.

DATES: This rule is effective August 29, 2002.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket [CGD09-02-017] are available for inspection or copying at 
Commander (obr), Ninth Coast Guard District, 1240 East Ninth Street, 
Room 2019, Cleveland, OH, 44199-2060.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard published a notice of proposed rulemaking (NPRM) on 
May 10, 2002, entitled Drawbridge Operations Regulations, Saginaw 
River, Michigan, in the Federal Register (67 FR 31745). No letters or 
comments were received in response to the NPRM. No public hearing was 
requested, and none was held.

Background and Purpose

    The current bridge operating regulations for drawbridges over 
Saginaw River are found in 33 CFR Sec. 117.647. The current regulation 
does not contain an operating schedule for the Liberty Street bridge, 
which was constructed in 1987, and is located between the Independence 
and Veterans Memorial bridges. The new rule establishes drawbridge 
regulations for Liberty Street drawbridge. The former Sixth Avenue 
bridge at mile 17.1 was removed in 1985 and is still listed as a 
regulated drawbridge. The new rule removes the bridge from the 
regulation.
    The railroad bridges listed at miles 2.5 and 4.4, respectively, 
have changed ownership and are updated through this final rule.
    The mile marker designations for the bridges listed in this 
rulemaking have been revised to reflect the mile markers used in the 
United States Coast Pilot for proper cross-reference.

Discussion of Comments and Changes

    No comments were received from the public in response to the NPRM. 
The Coast Guard did receive a correction from the City of Bay City. The 
NPRM incorrectly stated that the City of Bay City operated all highway 
drawbridges over Saginaw River. The City of Bay City operates the 
Liberty Street and Independence drawbridges, and the Michigan 
Department of Transportation operates the Lafayette and Veterans 
Memorial drawbridges. This information does not affect the operating 
schedule of the drawbridges, nor does it alter or affect the purpose of 
this rulemaking.

Regulatory Evaluation

    This 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 due to 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 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.
    This rule 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 rule will not have a significant economic 
impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 process.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by

[[Page 49240]]

employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247).

Collection of Information

    This rule would call for no new collection of information 
requirement under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. The Coast Guard has analyzed this 
rule under that order and has determined that this rule does not 
implications for federalism.

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. Although this rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

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

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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 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 and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard has considered the environmental impact of this 
rule and concluded that, under figure 2-1, paragraph 32(e) of 
Commandant Instruction M16475.lD, this rule is categorically excluded 
from further environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.


    For reasons set out in the preamble, the Coast Guard amends 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); 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:
* * * * *
    (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: July 16, 2002.
Ronald F. Silva,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 02-19136 Filed 7-29-02; 8:45 am]
BILLING CODE 4910-15-P