[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Proposed Rules]
[Pages 19082-19084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9887]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD09-97-008]
RIN-2115-AE47
Drawbridge Operation Regulations; Grand River, MI
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the operating hours of the
U.S. Route 31 highway bridge at mile 2.9 over the Grand River in Grand
Haven, MI. The proposed changes would reduce the number of bridge
openings for recreational vessels to relieve vehicular traffic
congestion and would reduce the notice requirements for draw openings
during the winter months.
The Coast Guard requests comments on the proposed revisions.
DATES: Comments must be received on or before July 15, 1997.
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.
FOR FURTHER INFORMATION CONTACT:
Mr. Robert Bloom, Chief, Bridge Branch at (216) 902-6084.
SUPPLEMENTARY INFORMATION:
Drafting Information: The principal persons involved in drafting
this document are Mr. Scot Striffler, Project Manager, and Lieutenant
Commander Kent Booher, Project Counsel, Ninth Coast Guard District.
Requests for Comments
The Coast Guard encourages interested persons to submit written
data, or arguments for or against this rule. Persons submitting
comments should include their name, address, identify this rulemaking
(CGD09-97-008), 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 attachments be submitted in an 8\1/2\ x 11''
unbound format suitable for copying and electronic filing. If that is
not practical, a second copy of any bound material is requested.
Persons wanting acknowledgement of receipt of comments should enclose a
stamped self-addressed post card or envelope. Persons may submit
comment by writing to the Commander (obr), Ninth
[[Page 19083]]
Coast Guard District listed under addresses.
Background and Purpose
In July, 1996, the city of Grand Haven, MI, requested the Coast
Guard approve a temporary deviation to the regulations which govern the
U.S. Route 31 highway bridge at mile 2.9 over the Grand River in Grand
Haven, MI. The bridge presently opens on signal from 3 minutes before
to 3 minutes after the hour and half hour between 6:03 a.m. and 9:03
p.m. The city sought to reduce bridge openings to relieve vehicular
traffic congestion and still provide for the needs of navigation,
particularly during rush-hour times. A trial schedule was devised and
the temporary deviation was published in September, 1996. Under this
schedule, the bridge was required to open on signal for recreational
vessels, from 6 a.m. to 9 p.m., once an hour from 3 minutes before to 3
minutes after the half-hour; except the bridge was not required to open
for the passage of recreational traffic at 7:30 a.m., 12:30 p.m., 4:30
p.m., or 5:30 p.m.
The Coast Guard received five letters with comments from the public
in response. All comments were from recreational vessel operators, or
their representatives, who opposed the revised schedule. The primary
exception to the revised schedule involved the ``blackout'' periods
during afternoon rush-hour when the bridge was not required to open for
vessel traffic. Specifically, the 5:30 p.m. blackout time on Wednesday
interfered with the scheduled activities of vessel operators.
The City of Grand Haven City Council conducted meetings on November
18, 1996, January 6, 1997, January 27, 1997, and February 10, 1997 to
collect input from concerned parties and discuss alternatives to the
temporary schedule used in 1996. Additionally, the cities of Ferrysburg
and Spring Lake conducted similar public meetings to discuss the issue.
As a result of these joint meetings, the three municipalities submitted
a request to the Coast Guard on February 11, 1997 for a permanent
change to the regulations and a new operating schedule.
The combined efforts of the three municipalities served on Grand
River has resulted in a proposed bridge operating schedule that
satisfies the needs and desires of recreational vessel operators on
Grand River, relieves vehicular traffic congestion, and provides for
the anticipated increase of commercial vessel traffic in the area.
From March 16 to December 14, the bridge will only be required to
open for recreational vessel traffic once an hour, on the half-hour, 7
days a week, from 6:30 a.m. to 8:30 p.m., except the bridge need not
open at 7:30 a.m., 12:30 p.m., and 5:30 p.m. on Mondays, Tuesdays,
Thursdays, and Fridays. On Wednesdays, the bridge need not open at 7:30
a.m., 12:30 p.m., and 4:30 p.m. This schedule will apply to
recreational vessel traffic only. The bridge will open on signal for
commercial vessel traffic. Additionally, in anticipation of increased
commercial vessel traffic in 1997, the Coast Guard will reduce the
advance notice requirement, from 24 hours to 12 hours, for vessels
requesting an opening of the draw between December 15 and March 15.
Regulatory Evaluation
This proposed 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 proposed rule was requested and
drafted at the behest of three communities on Grand River and only
after the aggressive solicitation of input from recreational and
commercial entities in the area.
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.
The concerns of boat operators, and the facilities that provide
services to these marine users, have been conscientiously applied by
the originators of this action. Furthermore, this proposed rule has
been designed to balance the needs of the marine servicing industry as
well as entities served along the highway route.
Therefore, the Coast Guard finds that this proposed 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 proposed to
be 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(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section Sec. 117.633 is amended by revising paragraphs (b) and
(c) to read as follows:
Sec. 117.633 Grand River.
* * * * *
(b) The draw of the CSX Transportation Corp. railroad bridge, mile
2.8 at Grand Haven, shall open on signal; except that, from December 15
through March 15, the draw shall open on signal if at least 12 hours
notice is given.
(c) The draw of the U.S. Route 31 bridge, mile 2.9 at Grand Haven,
shall open on signal for pleasure craft--
(1) From March 16 through December 14, from 6:30 a.m. to 8:30 p.m.,
seven days a week, once an hour, on the half-hour; except the draw need
not open for pleasure craft at 7:30 a.m., 12:30 p.m.,
[[Page 19084]]
and 5:30 p.m. on Monday, Tuesday, Thursday, and Friday, and at 7:30
a.m., 12:30 p.m., and 4:30 p.m. on Wednesday.
(2) From December 15 through March 15, if at least 12 hours notice
is given.
* * * * *
Dated: April 9, 1997.
G. F. Woolever
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 97-9887 Filed 4-17-97; 8:45 am]
BILLING CODE 4910-14-M
