[Federal Register: March 28, 2007 (Volume 72, Number 59)]
[Rules and Regulations]
[Page 14418-14420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr07-10]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD09-07-004]
RIN 1625-AA09
Drawbridge Operation Regulation; Detroit River (Trenton Channel),
Grosse Ile, MI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is temporarily revising the operating
regulations for the Grosse Ile Toll Bridge at Mile 8.80 over the
Trenton Channel during the planned seven-month duration of time that
the Grosse Ile County (Free) Bridge at Mile 5.60 will be rehabilitated
and not available for vehicular traffic. Grosse Ile is connected to the
mainland by these two bridges only. The temporary regulations will
revise the number of required bridge openings of the Grosse Ile Toll
Bridge to provide less interruptions of vehicular traffic while
simultaneously providing for reasonable needs of marine navigation.
DATES: This temporary rule is effective from 6 a.m. on April 18, 2007
until 6:30 p.m. on December 15, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket CGD09-07-004 and are available for
inspection or copying at Commander (dpb), Ninth Coast Guard District,
1240 E. Ninth Street, Room 2025, Cleveland, Ohio 44199-2060 between 7
a.m.. and 3 a.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Kurt Carlson, U.S. Ninth Coast
Guard Bridge Branch, (216) 902-6086.
SUPPLEMENTARY INFORMATION: We did not publish a notice of proposed
rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists for not publishing an NPRM.
This temporary rule is designed to insure that marine navigation of the
Trenton Channel is maintained throughout the entire period of Grosse
Ile (Free) Bridge rehabilitation (seven months). Dates for the
rehabilitation project were just submitted by the bridge owner.
Providing notice and comment would mean that this temporary final rule
would not be issued in advance of the project beginning, which is
contrary to the public interest.
Under 5 U.S.C. 553(d)(3), and for the same reason cited above, the
Coast Guard finds that good cause exists for making this rule effective
in less than 30 days after publication in the Federal Register.
Background and Purpose
Grosse Ile, an island in the Detroit River, is a suburb of the City
of Detroit, Michigan. Most residents are employed off-island and must
traverse one of the two bridges that connect the island to the
mainland. ``Rush hour'' traffic is extremely heavy. The U.S. Coast
Guard, at the request of the Manager of Grosse Ile Township and
Congressional and State Representatives, is modifying the operation of
the Grosse Ile Toll (swing) Bridge during the period of time that the
Grosse Ile ``Free'' Bridge will be out of service due to scheduled
rehabilitation. The modified operations will limit the number of bridge
openings for the Grosse Ile Toll Bridge resulting in fewer
interruptions for vehicular traffic particularly during the morning and
afternoon ``rush hours''. Bridge logs reveal that the Toll Bridge is
required to open (on average) 150 times per month for recreational
vehicles and an additional 11 times per month for commercial vessels.
The current regulations for Grosse Ile Toll Bridge at
[[Page 14419]]
Mile 8.80 over the Trenton Channel are defined in 33 CFR 117.631:
(1) Between the hours of 7 a.m. and 11 p.m., seven days a week and
holidays, the draw need open only from three minutes before to three
minutes after the hour and half-hour for pleasure craft; for commercial
vessels, during this period of time, the draw shall open on signal as
soon as possible.
(2) Between the hours of 11 p.m. and 7 a.m., the draw shall open on
signal for pleasure craft and commercial vessels.
The modified regulations for the Grosse Ile Toll Bridge at Mile
8.80 over the Trenton Channel shall be:
Weekdays:
The bridge will not be required to open during ``rush hours''
defined as between 6 a.m. and 9 a.m. and between 3:30 p.m. and 6:30
p.m.
At all other times, the bridge is required to make one opening per
hour for recreational vessels (if necessary) from three minutes before
until three minutes after the hour.
Except during defined ``rush hours'', the bridge must open for
commercial vessels upon signal.
Weekends:
The bridge shall open once per hour for recreational vessels (if
necessary) from three minutes before until three minutes after the
hour.
At all times during weekends and holidays, the bridge must open for
commercial vessels upon signal.
Discussion of Rule
Currently, the Grosse Ile Toll Bridge accommodates approximately
9,000 vehicle crossings per day and the Grosse Ile County (Free) Bridge
accommodates 23,000 vehicle crossings per day. From April 18 until
December 15, 2007, the ``Free'' Bridge will be rehabilitated and closed
to vehicular traffic. Consequently, during this period, all vehicular
traffic on and off Grosse Ile will only be able to use the Toll Bridge.
Thus, estimated traffic volume will be 32,000 vehicles per day. The
modified bridge regulations will provide for better accommodation of
the increased volume of vehicular traffic.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. No significant impact is expected because
vessels will not be prohibited from transit past the bridge. The
navigable waterway, although further restricted, will not be closed.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 rule will
not have a significant economic impact on a substantial number of small
entities.
Marine transit along this navigable waterway of the United States
will not be halted, although owners or operators of recreational and/or
commercial vessels intending to transit or anchor in a portion of the
Trenton Channel during the periods modified by this temporary rule may
encounter short delays.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. 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.
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect
[[Page 14420]]
on the supply, distribution, or use of energy. The Administrator of the
Office of Information and Regulatory Affairs has not designated it as a
significant energy action. Therefore, it does not require a Statement
of Energy Effects under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
and Department of Homeland Security Management Directive 5100.1, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation. Under figure 2-1, paragraph (32)(e), of the Instruction,
an ``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
0
For the reasons discussed in the preamble, the Coast Guard temporarily
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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); Sec. 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. In Sec. 117.631, from 6 a.m. on April 18 until 6:30 p.m. on
December 15, 2007 temporarily suspend paragraph (a) and temporarily add
paragraph (d) to read as follows:
Sec. 117.631 Detroit River (Trenton Channel).
* * * * *
(d) The draw of the Grosse Ile Toll Bridge (Grosse Ile Parkway),
mile 8.80, at Grosse Ile, shall operate as follows:
(1) Between the hours of 6 a.m. and 9 a.m. and 3:30 p.m. and 6:30
p.m., Monday through Friday, the bridge need not open. At all other
times, Monday through Friday, the draw must open for commercial vessels
upon signal and only from three minutes before until three minutes
after the hour for pleasure craft.
(2) On Saturday, Sunday and holidays, the bridge must open for
commercial vessels upon signal and only from three minutes before until
three minutes after the hour for pleasure craft.
Dated: March 16, 2007.
John E. Crowley, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. E7-5717 Filed 3-27-07; 8:45 am]
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