[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Pages 76637-76640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31456]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1013]
RIN 1625-AA09


Drawbridge Operation Regulation; Saginaw River, Bay City, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the drawbridge opening 
schedule for the Lake State Railway Bridge at mile 3.10, the 
Independence Bridge at mile 3.88, the Central Michigan Railroad Bridge 
at mile 4.94, the Liberty Street Bridge at mile 4.99, the Veterans 
Memorial Bridge at mile 5.60, and the Lafayette Street Bridge at mile 
6.78, all over the Saginaw River at Bay City, MI. The current 
regulation is confusing, outdated, and unnecessarily restrictive for 
both commercial and recreational vessels. The proposed regulation will 
simplify the regulatory language, increase access through the 
drawbridges for all vessels, and provide for the reasonable needs of 
all traffic.

DATES: Comments and related material must reach the Coast Guard on or 
before: January 9, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1013 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: (202) 493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth 
Coast Guard District; telephone (216) 902-6085, email 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-1013), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2011-1013'' in the ``Keyword'' 
box. Click ``Search'' then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-1013'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the four methods specified under 
ADDRESSES. Please

[[Page 76638]]

explain why one would be beneficial. If we determine that one would aid 
this rulemaking, we will hold one at a time and place announced by a 
later notice in the Federal Register.

Basis and Purpose

    Lake Carriers Association (LCA), an organization representing U.S. 
shipping companies on the Great Lakes, requested that the existing 
drawbridge regulation for Saginaw River be reviewed and changed to make 
the regulation easier to understand and to remove restrictive 
drawbridge schedules for commercial vessels. The existing regulation 
was reviewed in its entirety for all drawbridges, vessel types, dates, 
and hours of operation.
    Lake State Railway Bridge at mile 3.10 is a swing bridge that 
provides 7 feet vertical clearance in the closed position and unlimited 
clearance in the open position. The Independence Bridge at mile 3.88 is 
a bascule bridge that provides 22 feet vertical clearance in the closed 
position and unlimited clearance in the open position. The Central 
Michigan Railroad Bridge at mile 4.94 is a swing bridge that provides 8 
feet of vertical clearance in the closed position and unlimited 
clearance in the open position. The Liberty Street Bridge at mile 4.99 
is a bascule bridge that provides 25 feet of vertical clearance in the 
closed position and unlimited clearance in the open position. The 
Veterans Memorial Bridge at mile 5.60 is a bascule bridge that provides 
15 feet of vertical clearance in the closed position and unlimited 
clearance in the open position. The Lafayette Street Bridge at mile 
6.78 is a bascule bridge that provides 20 feet vertical clearance in 
the closed position and unlimited clearance in the open position. There 
is no alternate waterway for vessels entering or departing Saginaw 
River.
    The draws of the Lake State Railway and CN RR bridges currently 
open on signal for all vessel traffic that requires a bridge opening, 
except that from December 16 through March 15 the bridges open on 
signal if at least 12 hours advance notice is provided.
    The draws of the Independence Street, Liberty Street, Veterans 
Memorial, and Lafayette Street drawbridges open on signal from March 16 
through December 15, except as follows: the draws need not open for the 
passage of vessels less than 50 gross tons from 6:30 a.m. to 8:30 a.m. 
and 3:30 p.m. to 5:30 p.m., except Saturdays, Sundays, and holidays 
observed in the locality. The draws need not open for the passage of 
downbound vessels over 50 gross tons from 7:30 a.m. to 8:30 a.m. and 
4:30 p.m. to 5:30 p.m., except on Sundays, Federal holidays, and 
holidays observed in the locality. From 8 a.m. to 8 p.m. on Saturdays, 
Sundays, and Federal holidays, the Independence Street and Veterans 
Memorial bridges need not open for recreational vessels except from 
three minutes before to three minutes after the hour and half-hour, and 
the Liberty Street and Lafayette Street bridges need not open for 
recreational vessels except from three minutes before to three minutes 
after the quarter-hour and three-quarter hour. Currently, the draws of 
these bridges shall open on signal from December 16 through March 15 if 
at least 12 hours advance notice is provided.
    The proposed drawbridge schedules and revised regulation were 
developed with all known stakeholders, including; LCA, Canadian 
Shipowners Association, local Coast Guard units, City of Bay City, MI, 
Michigan Department of Transportation (MDOT), Bay Harbor Marina, Pier 7 
Marina, Liberty Harbor Marina, and Bay City Yacht Club. All parties 
have preliminarily concurred with the proposed drawbridge schedules and 
language.

Discussion of Proposed Rule

    The preliminary investigation conducted during the development of 
this proposed rule found that marine traffic on Saginaw River consists 
of large commercial, small commercial, and both power and sail 
recreational vessels. Large commercial vessel traffic usually operates 
from the beginning of April until the end of December. Recreational and 
small commercial vessel traffic usually operates between April 15 and 
November 1, and generally increases on the weekends. Vehicular traffic 
has been reduced in the past 20 years following the closure of 
industrial and manufacturing facilities in Bay City/Saginaw, including 
reduced vehicular traffic on weekends when recreational vessel traffic 
increases.
    Under the current regulation, the highway drawbridges are not 
required to open for recreational vessels from 6:30 a.m. to 8:30 a.m., 
and from 3:30 p.m. to 5:30 p.m., 7 days a week. Additionally, they are 
not required to open from 7:30 a.m. to 8:30 a.m. and 4:30 p.m. to 5:30 
p.m., Monday through Saturday, for the passage of downbound vessels 
over 50 gross tons (all large commercial vessels). The proposed rule 
will allow large commercial vessels to obtain bridge openings at any 
time, and allow recreational vessels to pass on two scheduled times 
each hour between 6:30 a.m. and 7 p.m., Monday through Friday, and at 
any time during all other days and times, thereby increasing access 
through all drawbridges for all vessel traffic. Furthermore, the dates 
for winter operation of all drawbridges have been adjusted to reflect 
the current seasonal operations for both commercial and recreational 
vessels. Currently, vessels are required to provide at least 12-hours 
advance notice of arrival between December 16 and March 15. The 
proposed schedule will require 12-hour advance notice of arrival 
between January 1 and March 31.
    The proposed drawbridge regulation was developed to reflect the 
current conditions and needs of both vessel and vehicular traffic, and 
was coordinated with all known stakeholders and entities in Bay City/
Saginaw, MI. The proposed regulatory language is more concise and 
easier to understand, has been preliminarily approved by all known 
entities included in the development of the proposed rule, and is 
expected to provide for the reasonable balance of all modes of 
transportation.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866. The 
Office of Management and Budget has not reviewed it under those Orders. 
This determination is based upon the Coast Guard's expectation that 
this proposed rule will improve traffic congestion and safety in the 
vicinity of the drawbridge and does not exclude bridge openings for 
vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, 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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule

[[Page 76639]]

would not have a significant economic impact on a substantial number of 
small entities. The proposed rule would affect the following entities, 
some of which might be small entities: the owners and operators needing 
to transit the bridges. However, this action will not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This rule will increase access through the 
drawbridges for all entities compared to the existing regulation and 
drawbridge schedule. All known marina owners and small entities were 
consulted during the development of this proposed rule and have 
preliminarily concurred with the proposed drawbridge schedule. 
Additionally, all vessels that do not require bridge openings may 
transit the drawbridges at any time.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this 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 rule would economically affect it.

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. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Mr. Lee D. Soule, Bridge 
Management Specialist, U.S. Coast Guard, telephone (216) 902-6085, 
email [email protected], or fax (216) 902-6088. The Coast Guard will 
not retaliate against small entities that question or complain about 
this proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
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. We have analyzed this proposed rule 
under that Order and have determined that it does not have 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 (adjusted for 
inflation) or more in any one year. Though this proposed rule will not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

Taking of Private Property

    This proposed rule would not cause 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 rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
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 would 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 
responsibilities 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 is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, and Commandant Instruction 
M16475.lD which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions which do not individually or cumulatively have a significant 
effect on the human environment because it simply promulgates the 
operating regulations or procedures for drawbridges. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to revise 33 CFR part 117 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

    2. Revise Sec.  117.647 to read as follows:

[[Page 76640]]

Sec.  117.647  Saginaw River.

    (a) The draws of the Lake State Railway Bridge, mile 3.10, and the 
Central Michigan Railroad Bridge, mile 4.94, both in Bay City, shall 
open on signal; except that from January 1 through March 31, 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, except 
as follows:
    (1) From April 15 through November 1, between the hours of 6:30 
a.m. and 7 p.m., Monday through Friday, except federal holidays, the 
draws of the Independence and Veterans Memorial Bridges need open for 
the passage of recreational vessels only from three minutes before to 
three minutes after the hour and half-hour, and the Liberty Street and 
Lafayette Street bridges need open for the passage of recreational 
vessels only from three minutes before to three minutes after the 
quarter-hour and three-quarter hour.
    (2) From January 1 through March 31, the draws of these bridges 
shall open on signal if at least 12 hours advance notice is provided.
* * * * *

    Dated: November 9, 2011.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2011-31456 Filed 12-7-11; 8:45 am]
BILLING CODE 9110-04-P