[Federal Register Volume 62, Number 155 (Tuesday, August 12, 1997)]
[Rules and Regulations]
[Pages 43097-43098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 97-21259]
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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: Final rule.
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SUMMARY: The Coast Guard is revising the regulation governing the
operations of the CSX Transportation bridge and U.S. Route 31 bridge,
miles 2.8 and 2.9, respectively, over the Grand River in Grand Haven,
MI. This rule was initiated at the request of the cities served on
Grand River to relieve vehicular traffic congestion and still provide
for the reasonable needs of navigation, especially during rush-hour
periods. Additionally, the Coast Guard has reduced the required time
that a vessel must provide advance notice from 24 hours to 12 hours
during winter months for both bridges.
DATES: This regulation is effective on August 16, 1997.
ADDRESSES: Documents concerning this regulation are available for
inspection and copying at 1240 East Ninth Street, Room 2019, Cleveland,
OH 44199-2060 between 6:30 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (216) 902-6084.
FOR FURTHER INFORMATION CONTACT: Mr. Robert W. Bloom, Project Manager,
Bridge Branch at (216) 902-6084.
SUPPLEMENTARY INFORMATION:
Regulatory History
The Coast Guard published a notice of proposed rulemaking (NPRM) on
Friday, April 18, 1997 (62 FR 19082). Currently, the U.S. Route 31
bridge is required to open on signal 3 minutes before to 3 minutes
after the hour and half-hour between 6:03 a.m. and 9:03 p.m. for
recreational vessels. Under the proposed schedule, the bridge would be
required to open on signal for recreational vessels 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., to 12:30 p.m. and 4:30 p.m. As before, the
bridge will open on signal for commercial vessel traffic.
In addition to the proposed schedule of openings for recreational
vessel traffic at the U.S. 31 bridge, the NPRM outlined the change to
the advance notice requirement for vessels requesting openings at the
CSX Transportation and U.S. Route 31 bridges between December 15 and
March 15 each year. In order to provide uniform guidelines for mariners
and satisfy the needs of increased commercial vessel traffic on Grand
River, the advance notice requirement for vessels requesting openings
during winter months is reduced from 24 hours to 12 hours at both
bridges.
No comments were received in response to the NPRM. A public hearing
was not requested and, therefore, was not held.
A notice of temporary deviation from regulations was approved by
the District Commander and published in the Federal Register on Friday,
May 9, 1997 (62 FR 25514). The temporary deviation schedule was
effective between May 15 and August 15, 1997. The temporary deviation
schedule was identical to the proposal in the NPRM and the provisions
of this final rule. Comments concerning the temporary hours were
[[Page 43098]]
solicited from the public. The Coast Guard received no comments.
The Coast Guard determined that the proposed schedule satisfies the
needs of all entities operating on Grand River and the rule is
unchanged from the NPRM.
The Coast Guard finds that in accordance with 5 U.S.C. 553, good
cause exists to make this final rule effective in less than 30 days.
The Coast Guard has received no comments concerning this revision and
it is in the best public interest to have this rule in force at the end
of the authorized temporary deviation period, which expires on August
15, 1997.
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 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.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule 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 revised schedule was requested by the primary
municipalities served on Grand River after extensive research and
consultation with maritime users and businesses, the economic impact of
this rule is expected to be minimal. Therefore, the Coast Guard
certifies under 5 U.S.C. 605(b) that this rulemaking 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 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 section 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B, promulgation of operating requirements or
procedures for drawbridges is categorically excluded from further
environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
For reasons set out in the preamble, part 117 of title 33, Code of
Federal Regulations, 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.
2. Section 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., 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: July 25, 1997.
J.F. McGowan,
Rear Admiral, U.S. Coast Guard, Commander, North Coast Guard District.
[FR Doc. 97-21259 Filed 8-11-97; 8:45 am]
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