[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Rules and Regulations]
[Pages 21864-21866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8821]


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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: Final rule.

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SUMMARY: The Coast Guard is revising the drawbridge opening schedule 
for the Lake State Railway Bridge at mile 3.10, the Independence Bridge 
at mile 3.88, the Canadian National Railway 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 previous regulation was confusing, 
outdated, and unnecessarily restrictive for both commercial and 
recreational vessels. The revised regulation will simplify the 
regulatory language, increase access through the drawbridges for all 
vessels, and provide for the reasonable needs of all traffic.

DATES: This rule is effective May 14, 2012.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2011-1013 and are available online by 
going to http://www.regulations.gov, inserting USCG-2011-1013 in the 
``Keyword'' box, and then clicking ``Search''. This material is also 
available for inspection or copying at the 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, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 material in the docket, call Renee V. 
Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On December 8, 2011, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Saginaw River, Bay 
City, MI, in the Federal Register (76 FR 76637). We received one 
comment in response to the proposed rule supporting the NPRM as 
written. No public meeting was requested, and none was held.

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 Canadian 
National Railway (CN RR) 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

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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 Canadian Railway 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 Bridge, 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 Bridge 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 regulations were 
developed with all known stakeholders, including; Lake Carriers 
Association, 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.

Discussion of Comments and Changes

    The Coast Guard received one comment supporting the NPRM as 
written. No changes to the proposed regulation have been made in this 
final rule. The revised regulation reflects current conditions and 
provides for the reasonable needs of all modes of transportation.

Regulatory Analyses

    We developed this 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 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.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule 
would not have a significant economic impact on a substantial number of 
small entities. This rule increases 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 revised rule. Additionally, all vessels 
that do not require bridge openings may transit the drawbridges at any 
time.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to 
assist small entities in understanding the rule so that they could 
better evaluate its effects on them and participate in the rulemaking 
process.

Collection of Information

    This 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 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 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 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 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 would not create an 
environmental risk to health or risk to safety that might 
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.

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 is not likely to 
have a significant adverse effect

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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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have analyzed this 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 concluded that this action is one of a category of actions which 
do not individually or cumulatively have a significant effect on the 
human environment. This rule is categorically excluded under figure 2-
1, paragraph (32)(e), of the instruction.
    Under figure 2-1, paragraph (32)(e), of the instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard revises 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.


0
2. Revise Sec.  117.647 to read as follow:


Sec.  117.647  Saginaw River.

    (a) The draws of the Lake State Railway Bridge, mile 3.10, and the 
Canadian National Railway 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: March 12, 2012.
M. N. Parks,
Rear Admiral, U. S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 2012-8821 Filed 4-11-12; 8:45 am]
BILLING CODE 9110-04-P