[Federal Register Volume 61, Number 94 (Tuesday, May 14, 1996)]
[Rules and Regulations]
[Pages 24235-24236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11895]
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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]
BILLING CODE 4910-14-M
