Drawbridge Operation Regulations; River Rouge (Short Cut Canal), Michigan

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-98-055]

RIN-2115-AE47

Drawbridge Operation Regulations; River Rouge (Short Cut Canal),

Michigan

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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

operating regulations governing the Fort Street and Jefferson Avenue

bridges, miles 1.1 and 2.2, respectively, over River Rouge in Detroit,

Michigan. The regulations were found to be obsolete after construction

of the Interstate 75 overpass over River Rouge. The removal of

restrictive opening times during rush-hour periods will improve service

to commercial vessel traffic on River Rouge.

DATES: This rule is effective on May 26, 1999, unless the Coast Guard

receives written adverse comments or written notice of intent to submit

adverse comments on or before April 26, 1999. If adverse comment is

received, the Coast Guard will publish a timely withdrawal of this rule

in the Federal Register.

ADDRESSES: Comments may be mailed or delivered to: Commander (obr)

Ninth Coast Guard District, 1240 East Ninth Street, Room 2019,

Cleveland, OH 44199-2060 between 6:30 a.m. and 3:00 p.m., Monday

through Friday, except federal holidays. The telephone number is (216)

902-6084.

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 address above.

FOR FURTHER INFORMATION CONTACT: Mr. Scot M. Striffler, Project

Manager, at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting data, views or arguments for or against

this rule. Persons submitting comments should include their name,

address, identify this rulemaking (CGD09-98-055), the specific section

of this rule to which each comment applies, and the reason(s) for each

comment. The Coast Guard requests that all comments and

[[Page 9272]]

attachments be submitted in an 8\1/2\''x11'' unbound format suitable

for copying and electronic filing. If that is not practical, a second

copy of any bound material is requested. Persons wanting acknowledgment

of receipt of comments should enclose a stamped, self-addressed

postcard or envelope.

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 notice 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 announcing confirmation 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 in the final rule section

of the Federal Register a timely withdrawal of this rule. If the Coast

Guard decides to proceed with a rulemaking, 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

This action was initiated by the International Ship Masters'

Association (ISMA), an organization representing American and Canadian

mariners operating on the Great Lakes, particularly those who regularly

transit River Rouge. ISMA members claimed that vehicular traffic had

sharply declined on Fort Street and Jefferson Avenue bridges following

construction of the I-75 overpass, and that restricted bridge openings

during morning and afternoon rush-hour periods were no longer

necessary.

The District Commander queried local Coast Guard commands, and the

owners of the bridges, for comments and observations concerning traffic

patterns and impact on navigation in River Rouge. Local Coast Guard

units supported ISMA's observations of conditions at the two bridges.

The owners of Fort Street bridge (Michigan Department of

Transportation), and Jefferson Avenue bridge (Wayne County, MI), were

contacted and asked to provide comments concerning the status of

vehicular traffic on the bridge and the need for restricted bridge

openings. Both owners validated the reduction in vehicular traffic over

these highways and stated no objections to the Coast Guard rescinding

the current operating regulations.

This action would remove the regulation in 33 CFR 117.645 in its

entirety.

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

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

paragraph 10e of the regulatory policies and procedures of DOT is

unnecessary.

This determination is made based on the fact that bridge openings

were originally reduced to accommodate vehicular traffic crossing River

Rouge. The Interstate overpass has effectively eliminated rush-hour

congestion at this location, and subsequently restores the need for the

bridge to open on signal for marine traffic.

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.

This rule will not affect the volume of vehicular traffic in the

area, nor is it expected to adversely impact any industries located on

River Rouge. The companies queried by the Coast Guard expressed no

objections to this action.

Therefore, 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. 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 figure 2.1, paragraph 32(e) of Commandant

Instruction M16475.1C, 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 amended 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 1.05-1(g); section

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

Stat. 5039.

Sec. 117.645 [Removed]

2. Remove Sec. 117.645.

Dated: February 8, 1999.

J.F. McGowan,

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

[FR Doc. 99-4722 Filed 2-24-99; 8:45 am]

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