[Federal Register Volume 86, Number 70 (Wednesday, April 14, 2021)]
[Rules and Regulations]
[Pages 19574-19576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07649]


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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: Final rule.

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SUMMARY: The Coast Guard is modifying 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, over the River Rouge. 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, leaving them in the 
open position at all other times, while the third bridge would open 
upon signal if a 4-hour advance notice is received.

DATES:  This rule is effective May 14, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type USCG-
2020-0513 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 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 Information and Regulatory History

    On October 27, 2020 we published in the Federal Register (85 FR 
68019) a Notice of Proposed Rule Making. There we stated why we issued 
the NPRM, and invited comments on our proposed regulatory action. 
During the 60-day comment period, we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    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, over the River Rouge, currently open on 
signal pursuant to 33 CFR 117 and are required to be manned by a 
drawtender at each bridge. The reason for the request to stop continual 
drawtender service it that the primary customer, a still mill on Zug 
Island, has been placed into caretaker status, significantly decreasing 
the rail traffic across these bridges.

IV. Discussion of Comments, Changes and the Final Rule

    We did not receive any comments from the waterway users.

V. Discussion of Final 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 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.

VI. Regulatory Analyses

    The Coast Guard has developed this rule after considering numerous 
statutes and Executive Orders related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and Executive Orders, 
and we discuss First Amendment rights of protesters.

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 rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, it has not been reviewed by the Office of 
Management and Budget (OMB) and pursuant to OMB guidance it is exempt

[[Page 19575]]

from the requirements of Executive Order 13771.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge because the bridge will only be 
lowered for train traffic or the bridge will open with advance notice.

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 received no comments from the Small Business 
Administration on this rule. 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.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 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.
    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 employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Government

    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 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 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 
responsibilities between the Federal Government and Indian tribes.

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 rule will not result in 
such an expenditure, we do discuss the effects of this 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 rule promulgates the operating 
regulations or procedures for drawbridges and is 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.

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.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
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 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.
    (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

[[Page 19576]]

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.

    Dated: April 2, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07649 Filed 4-13-21; 8:45 am]
BILLING CODE 9110-04-P