[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17274]
[[Page Unknown]]
[Federal Register: July 15, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD09-94-019]
RIN 2115-AE47
Drawbridge Operation Regulations; Saginaw River, MI
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: This amendment removes the regulations for the I-75 highway
drawbridge, mile 14.5 across the Saginaw River at Zilwaukee, Michigan,
because a fixed span replacement bridge has been constructed and the
bascule bridge has been removed. A notice of proposed rulemaking has
not been issued for this regulation because the bascule bridge is no
longer in existence, eliminating the need for regulation.
EFFECTIVE DATE: This rule becomes effective on August 15, 1994.
FOR FURTHER INFORMATION CONTACT:
Mr. Robert W. Bloom, Jr., Chief, Bridge Branch, Ninth Coast Guard
District, at (216) 522-3993.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal person involved in drafting this document is Mr. Fred
H. Mieser, Project Manager.
Background and Purpose
The bascule bridge across the Saginaw River, mile 14.5, at
Zilwaukee, Michigan, was replaced by a high level fixed bridge at mile
14.61 from the mouth of the river. The bascule bridge has been removed;
therefore, the need for 33 CFR 117.647(c) has been eliminated. This
action has no economic consequences. It merely removes regulations for
a bridge that no longer exists.
This action necessitates redesignating the regulations listed in 33
CFR 117.647 (d), (e), and (f) for the Sixth Avenue bridge, mile 17.1,
Chessie System railroad bridge, mile 18.0, and Grand Trunk Western
railroad bridge, mile 19.2 all across the Saginaw River within the
State of Michigan.
Regulatory Evaluation
This regulation 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 been exempted from review 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. We conclude this because the rule
which is being changed is for a drawbridge that has been removed from
the waterway and no longer exists.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this action will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and otherwise qualify as ``small
business concerns'' under section 3 of the Small Business Act (15
U.S.C. 632).
Since the I-75 drawbridge has been removed and replaced by a fixed
bridge, the rule governing the I-75 drawbridge is no longer
appropriate. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant impact on a substantial
number of small entities.
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 action under the principles and
criteria contained in Executive Order 12612 and has determined that
this final 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 section 2.B.2.g.5 of Commandant Instruction
M16475.1B, promulgation of operating requirements or procedures for
drawbridges is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination Statement has been
prepared and placed in the docket.
List of Subjects in 33 CFR Part 117
Bridges.
For reasons set out in the preamble, the Coast Guard is amending 33
CFR Part 117 as follows:
PART 117--DRAWBRIDGE OPERATING 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).
2. In Sec. 117.647, paragraph (c) is removed and paragraphs (d),
(e), and (f) are redesignated as paragraphs (c), (d), and (e)
respectively.
Dated: July 5, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 94-17274 Filed 7-14-94; 8:45 am]
BILLING CODE 4910-14-M
