[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Rules and Regulations]
[Pages 9271-9272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4722]
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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]
BILLING CODE 4910-15-M
