Proposed Rule2023-09575
Drawbridge Operation Regulation; River Rouge, Detroit, MI
Primary source
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Published
May 5, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to modify the operations of all movable bridges over the River Rouge, Detroit, MI to improve communications and establish winter hours. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 88 Issue 87 (Friday, May 5, 2023)</title>
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[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Proposed Rules]
[Pages 29005-29007]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09575]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2023-0183]
RIN 1625-AA09
Drawbridge Operation Regulation; River Rouge, Detroit, MI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operations of all
movable bridges over the River Rouge, Detroit, MI to improve
communications and establish winter hours. We invite your comments on
this proposed rulemaking.
DATES: Comments and relate material must reach the Coast Guard on or
before July 5, 2023.
ADDRESSES: You may submit comments identified by docket number USCG-
2023-0183 using Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary final rule, call or email Mr. Lee D. Soule, Bridge Management
Specialist, Ninth Coast Guard District; telephone 216-902-6085, email
<a href="/cdn-cgi/l/email-protection#7b371e1e553f5528140e171e3b0e08181c55161217"><span class="__cf_email__" data-cfemail="c38fa6a6ed87ed90acb6afa683b6b0a0a4edaeaaaf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The River Rouge is a 127-mile river that winds through the Detroit
metropolitan area of southeastern Michigan. The river flows into the
Detroit River at Zug Island, which is the boundary between the cities
of River Rouge and Detroit.
The River Rouge is highly polluted and was designated as a Great
Lakes Area of Concern (AOC) under the Great Lakes Water Quality
Agreement in 1987. The designated AOC covers the entire River Rouge
watershed, which touches 48 communities. The River Rouge watershed
drains into the Detroit River, which serves as a maritime border
between the United States and Canada.
In the 1970s, the lower three miles of the river were channelized,
widened, and dredged to allow freighter access to Ford's River Rouge
Plant inland factory facilities. The plant was built between 1915 and
1927. It was the first manufacturing facility for automobiles that
included within the plant virtually everything needed to produce the
cars: blast furnaces, an open-hearth mill, a steel rolling mill, a
glass plant, a huge power plant, and an assembly line. During the
1930s, some 100,000 workers were employed here. The plant has been
designated as a National Historic Landmark and is still in use.
Domestic and foreign freighters continue to use the lower three
miles of the River Rouge for trade. A steel mill near the head of
navigation receives bulk shipments regularly; other industries using
the river include a petroleum refinery, cement dock, and stone dock.
Other smaller docks are located along the banks of the river. A dormant
steel mill can be found on Zug Island at the mouth of the river.
Recreational vessels are welcome to use the River Rouge, but there
is little infrastructure to support recreational vessels in this
waterway.
Thirteen bridges cross the Rouge River between the river mouth and
river mile 2.75; eight of these bridges are movable. The controlling
fixed structure is the Fisher Freeway I-75 Bridge, mile 1.85, that
provides a horizontal clearance of 230-feet and a vertical clearance of
100-feet above LWD.
The National Steel Cooperation Railroad Bridge, mile 0.40, is a
single leaf bascule bridge that provides horizontal clearance of 125-
feet and a vertical clearance of 6-feet in the closed and an unlimited
clearance above LWD.
The West Jefferson Avenue Bridge, mile 1.10, is a double leaf
bascule Bridge that provides horizontal clearance of 125-feet and a
vertical clearance of 9-feet in the closed and an unlimited clearance
in the open position above LWD.
The Conrail Bridge, mile 1.48, is a single leaf bascule bridge that
provides horizontal clearance of 123-feet and a vertical clearance of
8-feet in the closed
[[Page 29006]]
and an unlimited clearance in the open position above LWD. It is
remotely operated.
The Norfolk Southern Railroad Bridge, mile 1.87, is a single leaf
bascule Bridge that provides horizontal clearance of 125-feet and a
vertical clearance of 8-feet in the closed and an unlimited clearance
in the open position above LWD.
The Fort Street Bridge, mile 2.20, is a single leaf bascule Bridge
that provides horizontal clearance of 118-feet and a vertical clearance
of 9-feet in the closed and an unlimited clearance in the open position
above LWD.
The main channel of the river was the result of Mr. Henry Ford
needing to straighten the entrance of the River Rouge to accommodate
deliveries of raw materials to his automotive plant. This main channel,
formally known as the short cut channel, formed Zug Island at the mouth
of the river. The original channel that curves around the north and
west sides of Zug Island is know known as the old channel and is
crossed by two movable bridges.
The Delray Connecting Railroad Bridge, mile 0.34, is a single leaf
bascule Bridge that provides horizontal clearance of 120-feet and a
vertical clearance of 7-feet in the closed and an unlimited clearance
in the open position above LWD.
The Delray Connecting Railroad Bridge, mile 0.80, is a swing Bridge
that provides horizontal clearance of 102-feet and a vertical clearance
of 7-feet in the closed and an unlimited clearance in the open position
above LWD.
Large freighters will not enter the River Rouge without
communicating their intentions to the drawbridges they need to pass
through because the river has several bends and, due to the large
drainage area, river currents in the River Rouge can vary from mild to
wild in a short amount of time. This deviation increases the difficulty
for large vessels to maintain position near bridges.
There are no alternate routes for vessels to avoid going through
the bridges listed here.
III. Discussion of Proposed Rule
The Coast Guard has received an increase in delay reports for the
River Rouge caused by a failure in communications between bridgetenders
and mariners. We propose to require all bridges to operate and maintain
a radiotelephone.
Because most of the delays have been at rail bridges, we propose to
require the Conrail Bridge, mile 1.48 and the Norfolk Southern Railroad
Bridge to maintain and operate a telephone. Both bridges currently
provide telephone numbers to mariners, as requested, and this proposed
rule would not require the installment of any new equipment.
The regulations for the National Steel Cooperation Railroad Bridge,
mile 0.40, the Delray Connecting Railroad Bridge, mile 0.34, and the
Delray Connecting Railroad Bridge, mile 0.80 would remain as written.
Most of the rivers in the Great Lakes have winter hours that allow
bridge owners to receive a 12-hour advance notice for openings during
times when ice hinders navigation or during reduced river traffic. We
asked the Lake Carriers Association, the Passenger Vessel Association,
and the Chamber of Marine Commerce in Canada for informal comments and
did not receive any.
We are proposing starting winter hours on January 1 through March
31 for all bridges crossing the River Rouge. Each bridge would be
required to provide the Coast Guard District Bridge office with
appropriate phone number each fall to advertise to the mariners to
provide the 12-hour advance notice.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section IV.A
above this proposed rule would not have a significant economic impact
on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has
[[Page 29007]]
implications for federalism or Indian tribes, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). The
Coast Guard has determined that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule promulgates the
operating regulations or procedures for drawbridges. Normally such
actions are categorically excluded from further review, under paragraph
L49, of Chapter 3, Table3-1 of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG- 2023-0183 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If your material cannot be submitted using <a href="https://www.regulations.gov">https://www.regulations.gov</a>, contact the person in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked
Questions web page. We review all comments received, but we will only
post comments that address the topic of the proposed rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted, or a
final rule is published of any posting or updates to the docket.
We accept anonymous comments. Comments we post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal information you have
provided. For more about privacy and submissions in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020).
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 00170.1, Revision No. 01.3
0
2. Amend Sec. 117.645 River Rouge by revising paragraph (d) and adding
paragraphs (e) through (h) to read as follows:
Sec. 117.645 River Rouge.
* * * * *
(d) The draw of the West Jefferson Avenue Bridge, mile 1.10, is
required to operate a radiotelephone, and shall open on signal except
from January 1 through March 31 when the bridge shall open on signal if
provided a 12-hour advance notice.
(e) The draw of the Conrail Bridge, mile 1.48, is remotely
operated, is required to operate a radiotelephone and telephone, and
shall open on signal except from January 1 through March 31 when the
bridge shall open on signal if provided a 12-hour advance notice.
(f) The draw of the Norfolk Southern Railroad Bridge, mile 1.87, is
required to operate a radiotelephone and telephone, and shall open on
signal except from January 1 through March 31 when the bridge shall
open on signal if provided a 12-hour advance notice.
(g) The draw of the Fort Street Bridge, mile 2.20, is required to
operate a radiotelephone, and shall open on signal except from January
1 through March 31 when the bridge shall open on signal if provided a
12-hour advance notice.
(h) The draw of the Dix Avenue Bridge, mile 2.73, is remotely
operated, is required to operate a radiotelephone, and shall open on
signal except from January 1 through March 31 when the bridge shall
open on signal if provided a 12-hour advance notice.
Dated: May 1, 2023.
E.J. Doucette,
Captain, U.S. Coast Guard, Acting Commander, Ninth Coast Guard
District.
[FR Doc. 2023-09575 Filed 5-4-23; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.