[Federal Register Volume 85, Number 208 (Tuesday, October 27, 2020)]
[Proposed Rules]
[Pages 68019-68021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22993]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0513]
RIN 1625-AA09


Drawbridge Operation Regulation; River Rouge, Detroit, MI

AGENCY: Coast Guard, DHS

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule that 
governs the National Steel Corporation Railroad Bridge, mile 0.40, the 
Delray Connecting Railroad Bridge, mile 0.34, and the Delray Connecting 
Railroad Bridge, mile 0.80. Delray Connecting Railroad Company, the 
owner and operator of these three bridges, has requested to stop 
continual drawtender service and to operate the two bridges only while 
trains are crossing the bridge, and one bridge upon signal if a 4-hour 
advance notice is received.

DATES:  Comments and related material must reach the Coast Guard on or 
before December 28, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0513 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    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 D. Soule, Bridge Management Specialist, 
Ninth Coast Guard District; telephone 216-902-6085, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Delray Connecting Railroad requested to reduce drawtender 
staffing at their three bridges at Zug Island. The National Steel 
Corporation Railroad Bridge, mile 0.40, the Delray Connecting Railroad 
Bridge, mile 0.34, and the Delray Connecting Railroad Bridge, mile 
0.80, currently open on signal and are required to be manned by a 
drawtender at each bridge. The reason for the request to stop continual 
drawtender service is that the primary customer, a steel mill on Zug 
Island, has been placed into caretaker status, significantly decreasing 
the rail traffic across these bridges. The operation of the bridges 
should however remain transparent to the vessels navigating the 
waterway.
    The River Rouge is a commercial waterway that serves several heavy 
industries near the city of Detroit, MI. The U.S. Army Corps of 
Engineers in cooperation with the U.S. Environmental Protection Agency 
are currently improving the width and depth of the Rouge River, where 
both the swing and the bascule Delray Bridges are located. Originally, 
the River Rouge navigated two ninety-degree bends through the area that 
is referred to as the Old Channel before emptying into the Detroit 
River. In 1888 the Zug Island Improvement Company cut a channel through 
the south section of Zug Island locally called the Short Cut Channel 
creating Zug Island and allowing vessels to bypass the two ninety-
degree bends in the Old Channel. This Short Cut Channel is the 
preferred path for large vessels. Currently the waterway is used by 
large commercial freighters and several tug and barge vessels. 
Recreational use of the waterway is very limited. There are twelve 
bridges across the River Rouge.
    The National Steel Corporation Railroad Bridge, mile 0.40, is a 
single leaf bascule bridge, that provides an unlimited clearance in the 
open position and a vertical clearance of six feet above LWD in the 
closed position. The Delray Connecting Railroad Bridge, mile 0.34, is a 
single leaf bascule bridge, that provides an unlimited clearance in the 
open position and a vertical clearance of seven feet above LWD in the 
closed position. The Delray Connecting Railroad Bridge, mile 0.80, is a 
swing bridge that provides an unlimited clearance in the open position 
and a vertical clearance of seven feet above LWD in the closed 
position. All three bridges are owned by the Delray Connecting Railroad 
who is requesting the change.

III. Discussion of Proposed Rule

    The proposed rule will establish the procedures to move the bridge 
to allow rail traffic to cross the bridge while giving notice to the 
vessels transiting the waterway that the bridge will be lowering. Ten 
minutes before the bridge is lowered for train traffic a crewmember 
from the train will initiate a SECURITE call on VHF-FM Marine Channel 
16 that the bridge will be lowering for train traffic and invite any 
concerned mariners to contact the drawtender on VHF-FM Marine Channel 
12. The drawtender will also visually monitor for vessel traffic and 
listen for the standard bridge opening signal of one prolonged blast 
and one short blast from vessels already transiting the waterway. After 
the ten minute warning, one last SECURITE call will be made that the 
bridge will be lowering for rail traffic five minutes before lowering. 
Once the drawtender is satisfied that it is safe the bridge will be 
lowered for rail traffic. Once the rail traffic has cleared the bridge, 
the bridge will be raised and locked in the fully open to navigation 
position.
    The Delray Connecting Railroad Bridge, mile 0.34, has had limited 
requests for openings and provides

[[Page 68020]]

access to Zug Island for vehicles and rail traffic. The owner of the 
railroad states the bridge has been operating with advance notice 
illegally without complaints for several years.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analysis based on these statutes and Executive Orders and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance; it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge and the only change is the 
drawtender will only be in attendance to lower the bridge to allow rail 
traffic to cross and to raise the bridge after rail traffic has cleared 
the bridge.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 would not have a significant economic impact on a 
substantial number of small entities. While some owners or operators of 
vessels intending to transit the bridge may be small entities, for the 
reasons stated in section IV.A above this proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    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.
    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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT 
section. 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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
(Federalism), if it has a substantial direct effect on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. 
If you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev. 1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series), which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule promulgates the 
operating regulations or procedures for drawbridges. Normally such 
actions are categorically excluded from further review, under paragraph 
L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard Environmental 
Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://

[[Page 68021]]

www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's Correspondence 
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 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; DHS Delegation No. 
0170.1.

0
2. Revise Sec.  117.645 to read as follows:


Sec.  117.645   River Rouge

    (a) The Delray Connecting Railroad Bridge, mile 0.34, need not have 
a drawtender in continued attendance at the bridge and shall open on 
signal if a 4-hour advance notice is provided.
    (b) The Delray Connecting Railroad Bridge, mile 0.80, over the Old 
Channel need not have a drawtender in continued attendance at the 
bridge. The bridge will remain open ten minutes before the bridge is 
lowered for train traffic. A crewmember from the train will initiate a 
SECURITE call on VHF-FM Marine Channel 16 that the bridge will be 
lowering for train traffic and invite any concerned mariners to contact 
the drawtender on VHF-FM Marine Channel 12. The drawtender will also 
visually monitor for vessel traffic and listen for the standard bridge 
opening signal of one prolonged blast and one short blast from vessels 
already transiting the waterway. After the ten minute warning, another 
SECURITE call shall be made on VHF-FM Marine Channel 16 that the bridge 
will be lowering for rail traffic five minutes before lowering. Once 
the draw tender is satisfied that it is safe, the bridge will be 
lowered for rail traffic. Once the rail traffic has cleared the bridge, 
the bridge shall be raised and locked in the fully open to navigation 
position.
    (c) The National Steel Corporation Railroad Bridge, mile 0.40, need 
not have a drawtender in continual attendance at the bridge. Ten 
minutes before the bridge is lowered for train traffic a crewmember 
from the train will initiate a SECURITE call on VHF-FM Marine Channel 
16 that the bridge will be lowering for train traffic and invite any 
concerned mariners to contact the drawtender on VHF-FM Marine Channel 
12. The drawtender will also visually monitor for vessel traffic and 
listen for the standard bridge opening signal of one prolonged blast 
and one short blast from vessels already transiting the waterway. After 
the ten minute warning, another SECURITE call shall be made on VHF-FM 
Marine Channel 16 that the bridge will be lowering for rail traffic 
five minutes before lowering. Once the drawtender is satisfied that it 
is safe, the bridge will be lowered for rail traffic. Once the rail 
traffic has cleared the bridge, the bridge shall be raised and locked 
in the fully open to navigation position.
    (d) The draw of the Conrail Bridge, mile 1.48, is remotely 
operated, is required to operate a radiotelephone, and shall open on 
signal.

D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-22993 Filed 10-26-20; 8:45 am]
BILLING CODE 9110-04-P