Rule2023-28645
Drawbridge Operation Regulation; River Rouge, Detroit, MI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 28, 2023
Effective
January 29, 2024
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is altering the operations of all movable bridges over the River Rouge, Detroit, MI to improve communications and establish winter hours.
Full Text
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<title>Federal Register, Volume 88 Issue 248 (Thursday, December 28, 2023)</title>
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[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89574-89576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28645]
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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, Department of Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: The Coast Guard is altering the operations of all movable
bridges over the River Rouge, Detroit, MI to improve communications and
establish winter hours.
DATES: This rule is effective January 29, 2024.
[[Page 89575]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number (USCG-2023-0183) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
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#b6fad3d398f298e5d9c3dad3f6c3c5d5d198dbdfda"><span class="__cf_email__" data-cfemail="9ed2fbfbb0dab0cdf1ebf2fbdeebedfdf9b0f3f7f2">[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 Information and Regulatory History
On May 5, 2023, the Coast Guard published an NPRM, with a request
for comments, entitled ``Drawbridge Operations Regulation: River Rouge,
Detroit, MI ``in the Federal Register (88 FR 29005), to seek comments
on whether the Coast Guard should consider modifying current operating
schedules of certain drawbridges over the River Rouge to improve
communications and establish winter hours. 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 and an unlimited clearance in the open position
above LWD and 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 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.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
Commercial mariners have expressed concern that the waterway is
crooked and narrow and that to safely navigate the river, they needed
to know the status of each bridge in the river prior to entering the
waterway. As such, commercial mariners requested that all bridges
maintain and operate a marine radio. Review by the Coast Guard of
specific complaints of repeated difficulty contacting the Conrail
Bridge and the Norfolk Southern Railroad Bridge by radio caused the
Coast Guard to determine that these bridges must maintain and make
public a phone number for mariners to communicate with the drawtenders.
The institution of winter hours for drawbridges over the River
Rouge will modernize bridge operations by authorizing the bridges to
operate with a 12-hour advance notice during winter months, as is the
practice for drawbridges on similar waterways throughout the Great
Lakes.
IV. Discussion of Comments
The Coast Guard provided a comment period of 60 days, and no
comments were received.
IV. Discussion of Final Rule
Commercial mariners have complained the waterway is crooked and
narrow and they needed to know the status of each bridge in the river
prior to entering the waterway. Requiring all bridges to maintain and
operate a marine radio will facilitate this need. Furthermore, the
complaints of difficulty contacting the Conrail Bridge, mile 1.48 and
the Norfolk Southern Railroad Bridges by radio the Coast Guard has
determined that these bridges make public a phone number for mariners
to communicate with the drawtenders.
Awarding winter hours to the River Rouge has been over looked and
will be established in the regulation authorizing the bridges to
operate with a 12-hour advance notice from January 1 through March 31
when the river is normally frozen and impassable by most vessels.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of 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 rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, it 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 did not receive any comments from the Small
Business Administration on this rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
[[Page 89576]]
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V. A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 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.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
We did not receive any comments during the NPRM.
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 rule will not result in
such an expenditure, we do discuss the effects of this 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 rule promulgates the operating
regulations or procedures for drawbridges and is 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
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; and DHS 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:
* * * * *
(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.
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2023-28645 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 28, 2023.
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.