[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Proposed Rules]
[Pages 29005-29007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09575]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2023-0183]
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 operations of all 
movable bridges over the River Rouge, Detroit, MI to improve 
communications and establish winter hours. We invite your comments on 
this proposed rulemaking.

DATES: Comments and relate material must reach the Coast Guard on or 
before July 5, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0183 using Federal Decision-Making 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 
temporary final 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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The River Rouge is a 127-mile river that winds through the Detroit 
metropolitan area of southeastern Michigan. The river flows into the 
Detroit River at Zug Island, which is the boundary between the cities 
of River Rouge and Detroit.
    The River Rouge is highly polluted and was designated as a Great 
Lakes Area of Concern (AOC) under the Great Lakes Water Quality 
Agreement in 1987. The designated AOC covers the entire River Rouge 
watershed, which touches 48 communities. The River Rouge watershed 
drains into the Detroit River, which serves as a maritime border 
between the United States and Canada.
    In the 1970s, the lower three miles of the river were channelized, 
widened, and dredged to allow freighter access to Ford's River Rouge 
Plant inland factory facilities. The plant was built between 1915 and 
1927. It was the first manufacturing facility for automobiles that 
included within the plant virtually everything needed to produce the 
cars: blast furnaces, an open-hearth mill, a steel rolling mill, a 
glass plant, a huge power plant, and an assembly line. During the 
1930s, some 100,000 workers were employed here. The plant has been 
designated as a National Historic Landmark and is still in use.
    Domestic and foreign freighters continue to use the lower three 
miles of the River Rouge for trade. A steel mill near the head of 
navigation receives bulk shipments regularly; other industries using 
the river include a petroleum refinery, cement dock, and stone dock. 
Other smaller docks are located along the banks of the river. A dormant 
steel mill can be found on Zug Island at the mouth of the river.
    Recreational vessels are welcome to use the River Rouge, but there 
is little infrastructure to support recreational vessels in this 
waterway.
    Thirteen bridges cross the Rouge River between the river mouth and 
river mile 2.75; eight of these bridges are movable. The controlling 
fixed structure is the Fisher Freeway I-75 Bridge, mile 1.85, that 
provides a horizontal clearance of 230-feet and a vertical clearance of 
100-feet above LWD.
    The National Steel Cooperation Railroad Bridge, mile 0.40, is a 
single leaf bascule bridge that provides horizontal clearance of 125-
feet and a vertical clearance of 6-feet in the closed and an unlimited 
clearance above LWD.
    The West Jefferson Avenue Bridge, mile 1.10, is a double leaf 
bascule Bridge that provides horizontal clearance of 125-feet and a 
vertical clearance of 9-feet in the closed and an unlimited clearance 
in the open position above LWD.
    The Conrail Bridge, mile 1.48, is a single leaf bascule bridge that 
provides horizontal clearance of 123-feet and a vertical clearance of 
8-feet in the closed

[[Page 29006]]

and an unlimited clearance in the open position above LWD. It is 
remotely operated.
    The Norfolk Southern Railroad Bridge, mile 1.87, is a single leaf 
bascule Bridge that provides horizontal clearance of 125-feet and a 
vertical clearance of 8-feet in the closed and an unlimited clearance 
in the open position above LWD.
    The Fort Street Bridge, mile 2.20, is a single leaf bascule Bridge 
that provides horizontal clearance of 118-feet and a vertical clearance 
of 9-feet in the closed and an unlimited clearance in the open position 
above LWD.
    The main channel of the river was the result of Mr. Henry Ford 
needing to straighten the entrance of the River Rouge to accommodate 
deliveries of raw materials to his automotive plant. This main channel, 
formally known as the short cut channel, formed Zug Island at the mouth 
of the river. The original channel that curves around the north and 
west sides of Zug Island is know known as the old channel and is 
crossed by two movable bridges.
    The Delray Connecting Railroad Bridge, mile 0.34, is a single leaf 
bascule Bridge that provides horizontal clearance of 120-feet and a 
vertical clearance of 7-feet in the closed and an unlimited clearance 
in the open position above LWD.
    The Delray Connecting Railroad Bridge, mile 0.80, is a swing Bridge 
that provides horizontal clearance of 102-feet and a vertical clearance 
of 7-feet in the closed and an unlimited clearance in the open position 
above LWD.
    Large freighters will not enter the River Rouge without 
communicating their intentions to the drawbridges they need to pass 
through because the river has several bends and, due to the large 
drainage area, river currents in the River Rouge can vary from mild to 
wild in a short amount of time. This deviation increases the difficulty 
for large vessels to maintain position near bridges.
    There are no alternate routes for vessels to avoid going through 
the bridges listed here.

III. Discussion of Proposed Rule

    The Coast Guard has received an increase in delay reports for the 
River Rouge caused by a failure in communications between bridgetenders 
and mariners. We propose to require all bridges to operate and maintain 
a radiotelephone.
    Because most of the delays have been at rail bridges, we propose to 
require the Conrail Bridge, mile 1.48 and the Norfolk Southern Railroad 
Bridge to maintain and operate a telephone. Both bridges currently 
provide telephone numbers to mariners, as requested, and this proposed 
rule would not require the installment of any new equipment.
    The regulations for the National Steel Cooperation Railroad Bridge, 
mile 0.40, the Delray Connecting Railroad Bridge, mile 0.34, and the 
Delray Connecting Railroad Bridge, mile 0.80 would remain as written.
    Most of the rivers in the Great Lakes have winter hours that allow 
bridge owners to receive a 12-hour advance notice for openings during 
times when ice hinders navigation or during reduced river traffic. We 
asked the Lake Carriers Association, the Passenger Vessel Association, 
and the Chamber of Marine Commerce in Canada for informal comments and 
did not receive any.
    We are proposing starting winter hours on January 1 through March 
31 for all bridges crossing the River Rouge. Each bridge would be 
required to provide the Coast Guard District Bridge office with 
appropriate phone number each fall to advertise to the mariners to 
provide the 12-hour advance notice.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive Orders related to rulemaking. Below we summarize our 
analyses based on these statutes and Executive Orders.

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. 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).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced 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 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

[[Page 29007]]

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, Table3-1 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.

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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG- 2023-0183 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If your material cannot be submitted using https://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive. 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 of any posting or updates to the docket.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have 
provided. For more about privacy and submissions in response to this 
document, see DHS's eRulemaking System of Records notice (85 FR 14226, 
March 11, 2020).

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; Department of Homeland 
Security Delegation No. 00170.1, Revision No. 01.3

0
2. Amend Sec.  117.645 River Rouge by revising paragraph (d) and adding 
paragraphs (e) through (h) to read as follows:


Sec.  117.645  River Rouge.

* * * * *
    (d) The draw of the West Jefferson Avenue Bridge, mile 1.10, is 
required to operate a radiotelephone, and shall open on signal except 
from January 1 through March 31 when the bridge shall open on signal if 
provided a 12-hour advance notice.
    (e) The draw of the Conrail Bridge, mile 1.48, is remotely 
operated, is required to operate a radiotelephone and telephone, and 
shall open on signal except from January 1 through March 31 when the 
bridge shall open on signal if provided a 12-hour advance notice.
    (f) The draw of the Norfolk Southern Railroad Bridge, mile 1.87, is 
required to operate a radiotelephone and telephone, and shall open on 
signal except from January 1 through March 31 when the bridge shall 
open on signal if provided a 12-hour advance notice.
    (g) The draw of the Fort Street Bridge, mile 2.20, is required to 
operate a radiotelephone, and shall open on signal except from January 
1 through March 31 when the bridge shall open on signal if provided a 
12-hour advance notice.
    (h) The draw of the Dix Avenue Bridge, mile 2.73, is remotely 
operated, is required to operate a radiotelephone, and shall open on 
signal except from January 1 through March 31 when the bridge shall 
open on signal if provided a 12-hour advance notice.

    Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard 
District.
[FR Doc. 2023-09575 Filed 5-4-23; 8:45 am]
BILLING CODE 9110-04-P