Drawbridge Operation Regulations; Saginaw River, MI

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-96-003]

RIN 2115-AE47

Drawbridge Operation Regulations; Saginaw River, MI

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is revising the

regulations governing the operations of the CSX (formerly the Chessie

System) railroad bridge at mile 18.0 over the Saginaw River in Saginaw,

Michigan. The owners have made a request to the Coast Guard to maintain

the bridge as a fixed structure with the stipulation and understanding

that the bridge may be placed back into operation within six months

upon notification of the Coast Guard.

DATES: This rule is effective on August 12, 1996, unless the Coast

Guard receives written adverse comments or written notice of intent to

submit adverse comments on or before July 15, 1996. If such comments or

notice are received, the Coast Guard will withdraw this direct final

rule, and a timely notice of withdrawal will be published in the

Federal Register.

ADDRESSES: Comments may be mailed to Commander (obr), Ninth Coast Guard

District, 1240 E. Ninth St., Cleveland, OH 44199-2060, or may be

delivered to room 2083 at the same address between 7 a.m. and 3 p.m.,

Monday through Friday, except Federal holidays. The telephone number is

(216) 522-3993.

The District Commander maintains the public docket for this

rulemaking. Comments will become part of this docket and will be

available for inspection or copying at the above address during the

same time.

FOR FURTHER INFORMATION CONTACT:

Mr. Scott M. Striffler, Project Manager, at (216) 522-3993.

SUPPLEMENTARY INFORMATION:

Request for Comments

Any comments must identify the name and address of the person

submitting the comment, specify the rulemaking docket (CGD09-96-003)

and the specific section of this rule to which each comment applies,

and give the reason for each specific comment. Please submit two copies

of all comments and attachments in an unbound format, no larger than

8\1/2\ by 11 inches, suitable for copying and electronic filing.

Persons wanting acknowledgment of receipt of comments should enclose

stamped, self-addressed postcards or envelopes.

Regulatory Information

The Coast Guard is publishing a direct final rule, the procedures

of which are outlined in 33 CFR 1.05-55, because no adverse comments

are anticipated. If no adverse comments or any written notices of

intent to submit adverse comment are received within the specified

comment period, this rule will become effective as stated in the DATES

section. In that case, approximately 30 days prior to the effective

date, the Coast Guard will publish a notice in the Federal Register

stating that no adverse comment was received and confirming that this

rule will become effective as scheduled. However, if the Coast Guard

receives written adverse comment or written notice of intent to submit

adverse comment, the Coast Guard will publish a notice in the final

rule section of the Federal Register to announce withdrawal of all or

part of this direct final rule. If adverse comments apply to only part

of this rule, and it is possible to remove that part without defeating

the purpose of this rule, the Coast Guard may adopt as final those

parts of this rule on which no adverse comments were received. The part

of this rule that was the subject of adverse comment will be withdrawn.

If the Coast Guard decides to proceed with a rulemaking following

receipt of adverse comments, a separate Notice of Proposed Rulemaking

(NPRM) will be published and a new opportunity for comment provided.

A comment is considered ``adverse'' if the comment explains why

this rule would be inappropriate, including a challenge to the rule's

underlying premise or approach, or would be ineffective or unacceptable

without a change.

Background and Purpose

The placement of a movable bridge in a ``fixed status'' means that

the bridge is essentially locked in the closed position and all the

operating gear removed. This rule will allow the owners (CSX Railroad

Corp.) of the CSX (formerly the Chessie System) railroad bridge, at

mile 18.0 over the Saginaw River in Saginaw, Michigan, to maintain the

bascule bridge in a ``fixed status''. The owners initiated this action

due to the absence of any requests to open the bridge for commercial

traffic since 1988. Furthermore, the bridge is unattended and subject

to high maintenance costs from recurring vandalism. As part of the

background for this rulemaking, the Coast Guard requested bridgetender

logs for the previous five years, but CSX stated that it did not

maintain records for this bridge during the period because no requests

for openings were made. The Coast Guard asked for confirmation of the

owner's claims from the local Coast Guard Station in Saginaw, Michigan.

The Station verified that the bridge had not opened within the

experience of the personnel assigned there. The Station also noted that

they are not aware of any commercial traffic that has, or will have, a

need to pass

[[Page 24236]]

through the bridge. Additionally, there are currently no loading or

unloading facilities for commercial vessels above the bridge. The Coast

Guard queried the Lake Carriers Association (LCA), representatives of

Great Lakes commercial shipping companies, to determine what the impact

of allowing the bridge to be maintained as a fixed structure may have

on current and anticipated commercial marine traffic. The LCA indicated

that their members would not be adversely impacted by the conversion of

the bridge from a bascule to a fixed span. The owners pointed out that

the Grand Trunk and Western railroad bridge, further upriver at mile

19.2, was converted from a movable to a fixed span in previous years

and does not impact marine traffic in this area of the river. The CSX

bridge has a vertical clearance of 13 feet, which is one foot higher

than the Grand Trunk and Western bridge. The Coast Guard has

stipulated, and the owners have agreed, to restore this bridge to an

operable status within six months of notification by the Coast Guard if

there is future commercial marine activity in the area. The Coast Guard

concludes that the placement of this bridge in a fixed status would not

impact commercial marine interests and does not anticipate any adverse

comments to this Direct Final Rule.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has not been reviewed by the Office of Management and Budget under that

order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT) (44 FR 11040;

February 26, 1979). The Coast Guard expects the economic impact of this

rule to be so minimal that a full Regulatory Evaluation under paragraph

10e of the regulatory policies and procedures of DOT is unnecessary.

This conclusion is based on the fact that there has been no active

commerce upriver from this bridge for many years and this situation is

not expected to change in the future. Additionally, no vessel has

requested that the bridge be opened since 1988. While there is some

recreational marine traffic active above this bridge, the placement of

a similar railroad bridge in a fixed status 1.2 miles further upriver

has not caused any adverse effects for any business, recreational, or

commercial vessel.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider the economic impact on small entities of a

rule for which a general notice of proposed rulemaking is required.

``Small entities'' may include (1) Small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields and (2) governmental jurisdictions with

populations of less than 50,000.

Therefore, for the reasons discussed above, the Coast Guard finds

that this rule will not have a significant economic impact on a

substantial number of small entities. Any comments submitted in

response to this finding will be evaluated under the criteria described

earlier in the preamble for comments.

Collection of Information

This rule contains no collection-of-information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that

this rule does not have sufficient federalism implications to warrant

the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under paragraph 2.B.2 of Commandant Instruction

M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this rule is

categorically excluded from further environmental documentation. A

``Categorical Exclusion Determination'' is available in the docket for

inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For reasons set out in the preamble, 33 CFR part 117 is revised 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; 49 CFR 1.46; 33 CFR 1.05(g); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. Section Sec. 117.647 is amended by revising paragraphs (a) and

(d) to read as follows:

Sec. 117.647 Saginaw River.

(a) The draws of the Detroit and Mackinac railroad bridge, mile 2.5

at Bay City, and the Conrail railroad bridge, mile 4.4 at Bay City,

shall open on signal; except that, from December 16 through March 15,

the draws shall open on signal if at least 12 hours notice is given.

* * * * *

(d) The draw of the CSX railroad bridge, mile 18.0, need not be

opened for the passage of vessels. The owner shall return the draw to

an operable condition within a reasonable time when directed by the

District Commander to do so.

* * * * *

Dated: April 26, 1996.

G.F. Woolever,

Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.

[FR Doc. 96-11895 Filed 5-13-96; 8:45 am]

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