Drawbridge Operation Regulation; Saginaw River, Bay City, MI, 21864-21866 [2012-8821]
Download as PDF
<![CDATA[
erowe on DSK2VPTVN1PROD with RULES
21864
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations
artifacts (e.g., noise, ‘‘burlap’’ overlay,
running water droplets) that obscure the
desired image of the scene, impair the
pilot’s ability to detect and identify
visual references, mask flight hazards,
distract the pilot, or otherwise degrade
task performance or safety.
b. Automatic control of EFVS display
brightness must be sufficiently effective,
in dynamically changing background
(ambient) lighting conditions, to prevent
full or partial blooming of the display
that would distract the pilot, impair the
pilot’s ability to detect and identify
visual references, mask flight hazards,
or otherwise degrade task performance
or safety. If automatic control for image
brightness is not provided, it must be
shown that a single manual setting is
satisfactory for the range of lighting
conditions encountered during a timecritical, high-workload phase of flight
(e.g., low visibility instrument
approach).
c. A readily accessible control must be
provided that permits the pilot to
immediately deactivate and reactivate
display of the EFVS image on demand
without removing the pilot’s hands from
the primary flight controls (yoke or
equivalent) or thrust control.
d. The EFVS image on the HUD must
not impair the pilot’s use of guidance
information, or degrade the presentation
and pilot awareness of essential flight
information displayed on the HUD, such
as alerts, airspeed, attitude, altitude and
direction, approach guidance,
windshear guidance, traffic alert and
collision avoidance system (TCAS)
resolution advisories, or unusual
attitude recovery cues.
e. The EFVS image and the HUD
symbols, which are spatially referenced
to the pitch scale, outside view, and
image, must be scaled and aligned (i.e.,
conformal) to the external scene. In
addition, the EFVS image and the HUD
symbols, when considered singly or in
combination, must not be misleading,
cause pilot confusion or increase
workload. Airplane attitudes or
crosswind conditions may cause certain
symbols (e.g., the zero-pitch line or
flight path vector) to reach field-of-view
limits such that they cannot be
positioned conformally with the image
and external scene. In such cases, these
symbols may be displayed but with an
altered appearance, which makes the
pilot aware that they are no longer
displayed conformally (for example,
‘‘ghosting’’).
f. A HUD system used to display
EFVS images must, if previously
certified, continue to meet all of the
requirements of the original approval.
3. The safety and performance of the
pilot tasks associated with the use of the
VerDate Mar<15>2010
15:24 Apr 11, 2012
Jkt 226001
pilot compartment view must not be
degraded by the display of the EFVS
image. Pilot tasks that must not be
degraded by the EFVS image include:
a. Detection, accurate identification,
and maneuvering, as necessary, to avoid
traffic, terrain, obstacles, and other
hazards of flight.
b. Accurate identification and
utilization of visual references required
for every task relevant to the phase of
flight.
4. Use of EFVS for instrument
approach operations must be in
accordance with the provisions of
§ 91.175(l) and (m) and § 121.651 where
applicable. Appropriate limitations
must be stated in the operating
limitations section of the airplane flight
manual to prohibit the use of the EFVS
for functions that have not been found
to be acceptable.
Issued in Renton, Washington, on March
22, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
well as documents mentioned in this
preamble as being available in the
docket, are part of docket USCG–2011–
1013 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1013 in the ‘‘Keyword’’
box, and then clicking ‘‘Search’’. This
material is also available for inspection
or copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Lee Soule, Bridge
Management Specialist, Ninth Coast
Guard District; telephone (216) 902–
6085, email lee.d.soule@uscg.mil. If you
have questions on viewing material in
the docket, call Renee V. Wright,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2012–8739 Filed 4–11–12; 8:45 am]
Regulatory Information
BILLING CODE 4910–13–P
On December 8, 2011, we published
a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation
Regulation; Saginaw River, Bay City, MI,
in the Federal Register (76 FR 76637).
We received one comment in response
to the proposed rule supporting the
NPRM as written. No public meeting
was requested, and none was held.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–1013]
Basis and Purpose
RIN 1625–AA09
Lake Carriers Association (LCA), an
organization representing U.S. shipping
companies on the Great Lakes,
requested that the existing drawbridge
regulation for Saginaw River be
reviewed and changed to make the
regulation easier to understand and to
remove restrictive drawbridge schedules
for commercial vessels. The existing
regulation was reviewed in its entirety
for all drawbridges, vessel types, dates,
and hours of operation.
Lake State Railway Bridge at mile 3.10
is a swing bridge that provides 7 feet
vertical clearance in the closed position
and unlimited clearance in the open
position. The Independence Bridge at
mile 3.88 is a bascule bridge that
provides 22 feet vertical clearance in the
closed position and unlimited clearance
in the open position. The Canadian
National Railway (CN RR) Bridge at mile
4.94 is a swing bridge that provides 8
feet of vertical clearance in the closed
position and unlimited clearance in the
open position. The Liberty Street Bridge
at mile 4.99 is a bascule bridge that
provides 25 feet of vertical clearance in
the closed position and unlimited
Drawbridge Operation Regulation;
Saginaw River, Bay City, MI
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is revising
the drawbridge opening schedule for the
Lake State Railway Bridge at mile 3.10,
the Independence Bridge at mile 3.88,
the Canadian National Railway Bridge at
mile 4.94, the Liberty Street Bridge at
mile 4.99, the Veterans Memorial Bridge
at mile 5.60, and the Lafayette Street
Bridge at mile 6.78, all over the Saginaw
River at Bay City, MI. The previous
regulation was confusing, outdated, and
unnecessarily restrictive for both
commercial and recreational vessels.
The revised regulation will simplify the
regulatory language, increase access
through the drawbridges for all vessels,
and provide for the reasonable needs of
all traffic.
DATES: This rule is effective May 14,
2012.
ADDRESSES: Comments and related
materials received from the public, as
SUMMARY:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
E:\FR\FM\12APR1.SGM
12APR1
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations
erowe on DSK2VPTVN1PROD with RULES
clearance in the open position. The
Veterans Memorial Bridge at mile 5.60
is a bascule bridge that provides 15 feet
of vertical clearance in the closed
position and unlimited clearance in the
open position. The Lafayette Street
Bridge at mile 6.78 is a bascule bridge
that provides 20 feet vertical clearance
in the closed position and unlimited
clearance in the open position. There is
no alternate waterway for vessels
entering or departing Saginaw River.
The draws of the Lake State Railway
and Canadian Railway Bridges currently
open on signal for all vessel traffic that
requires a bridge opening, except that
from December 16 through March 15 the
bridges open on signal if at least 12
hours advance notice is provided.
The draws of the Independence
Bridge, Liberty Street, Veterans
Memorial, and Lafayette Street
drawbridges open on signal from March
16 through December 15, except as
follows: The draws need not open for
the passage of vessels less than 50 gross
tons from 6:30 a.m. to 8:30 a.m. and
3:30 p.m. to 5:30 p.m., except Saturdays,
Sundays, and holidays observed in the
locality. The draws need not open for
the passage of downbound vessels over
50 gross tons from 7:30 a.m. to 8:30 a.m.
and 4:30 p.m. to 5:30 p.m., except on
Sundays, Federal holidays, and holidays
observed in the locality. From 8 a.m. to
8 p.m. on Saturdays, Sundays, and
Federal holidays, the Independence
Bridge and Veterans Memorial bridges
need not open for recreational vessels
except from three minutes before to
three minutes after the hour and halfhour, and the Liberty Street and
Lafayette Street bridges need not open
for recreational vessels except from
three minutes before to three minutes
after the quarter-hour and three-quarter
hour. Currently, the draws of these
bridges shall open on signal from
December 16 through March 15 if at
least 12 hours advance notice is
provided.
The proposed drawbridge schedules
and revised regulations were developed
with all known stakeholders, including;
Lake Carriers Association, Canadian
Shipowners Association, local Coast
Guard units, City of Bay City, MI,
Michigan Department of Transportation
(MDOT), Bay Harbor Marina, Pier 7
Marina, Liberty Harbor Marina, and Bay
City Yacht Club.
Discussion of Comments and Changes
The Coast Guard received one
comment supporting the NPRM as
written. No changes to the proposed
regulation have been made in this final
rule. The revised regulation reflects
current conditions and provides for the
VerDate Mar<15>2010
15:24 Apr 11, 2012
Jkt 226001
reasonable needs of all modes of
transportation.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
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.
Small Entities
21865
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 (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.
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 would not
have a significant economic impact on
a substantial number of small entities.
This rule increases access through the
drawbridges for all entities compared to
the existing regulation and drawbridge
schedule. All known marina owners and
small entities were consulted during the
development of this revised rule.
Additionally, all vessels that do not
require bridge openings may transit the
drawbridges at any time.
Taking of Private Property
Assistance for Small Entities
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.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM 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.
Collection of Information
This rule would call 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
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
This rule would not cause 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
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
E:\FR\FM\12APR1.SGM
12APR1
21866
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations
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
Department of Homeland Security
Management Directive 023–01, and
Commandant Instruction M16475.lD,
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 this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded under figure 2–1, paragraph
(32)(e), of the instruction.
Under figure 2–1, paragraph (32)(e), of
the instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard revises 33
CFR part 117 as follows:
erowe on DSK2VPTVN1PROD with RULES
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. 0170.1.
2. Revise § 117.647 to read as follow:
15:24 Apr 11, 2012
Jkt 226001
[FR Doc. 2012–8821 Filed 4–11–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2012–0282]
RIN 1625–AA00
Safety Zone; Sunken Vessel, Puget
Sound, Everett, WA
Coast Guard, DHS.
Temporary Final rule.
The Coast Guard is
establishing a safety zone around the
Vigor Marine Dry Dock, located in
Everett, WA. This action is necessary to
prevent maritime traffic from colliding
with a sunken dry dock and associated
debris, and to ensure the safety of the
salvage crews on scene. It will do so by
prohibiting vessels from entering or
remaining in the safety zone unless
authorized by the Captain of the Port or
his Designated Representative.
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
This rule is effective in the CFR
on April 12, 2012 through 11:59 p.m. on
April 15, 2012. This rule is effective
with actual notice for purposes of
enforcement at 12 a.m. on April 2, 2012.
This rule will remain in effect through
11:59 p.m. on April 15, 2012.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2012–
0282 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0282 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email ENS Nathaniel P.
Clinger, Waterways Management
Division, Coast Guard Sector Puget
Sound; Coast Guard; telephone 206–
217–6045; email
SectorPugetSoundWWM@uscg.mil. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
SUPPLEMENTARY INFORMATION:
DATES:
Dated: March 12, 2012.
M. N. Parks,
Rear Admiral, U. S. Coast Guard Commander,
Ninth Coast Guard District.
ACTION:
■
VerDate Mar<15>2010
Saginaw River.
(a) The draws of the Lake State
Railway Bridge, mile 3.10, and the
Canadian National Railway Bridge, mile
4.94, both in Bay City, shall open on
signal; except that from January 1
through March 31, the draws shall open
on signal if at least 12 hours advance
notice is provided.
(b) The draws of the Independence
Bridge, mile 3.88, Liberty Street Bridge,
mile 4.99, Veterans Memorial Bridge,
mile 5.60, and Lafayette Street Bridge,
mile 6.78, all in Bay City, shall open on
signal, except as follows:
(1) From April 15 through November
1, between the hours of 6:30 a.m. and
7 p.m., Monday through Friday, except
federal holidays, the draws of the
Independence and Veterans Memorial
Bridges need open for the passage of
recreational vessels only from three
minutes before to three minutes after the
hour and half-hour, and the Liberty
Street and Lafayette Street bridges need
open for the passage of recreational
vessels only from three minutes before
to three minutes after the quarter-hour
and three-quarter hour.
(2) From January 1 through March 31,
the draws of these bridges shall open on
signal if at least 12 hours advance notice
is provided.
AGENCY:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
■
§ 117.647
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because
publishing a NPRM would be contrary
to public interest since immediate
action is necessary to protect vessels,
persons, and salvage crews in Everett,
WA, from hazards created by a sunken
dry dock requiring emergency salvage
operations. Under 5 U.S.C. 553(d)(3),
the Coast Guard finds that good cause
exists for making this rule effective less
than 30 days after publication in the
Federal Register. Normal notice and
comment procedures cannot be
followed due to the immediate threat of
collision and/or exposure to hazardous
pollutants posed by the sunken vessel
E:\FR\FM\12APR1.SGM
12APR1
]]>Agencies
[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Rules and Regulations]
[Pages 21864-21866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8821]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2011-1013]
RIN 1625-AA09
Drawbridge Operation Regulation; Saginaw River, Bay City, MI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising the drawbridge opening schedule
for the Lake State Railway Bridge at mile 3.10, the Independence Bridge
at mile 3.88, the Canadian National Railway Bridge at mile 4.94, the
Liberty Street Bridge at mile 4.99, the Veterans Memorial Bridge at
mile 5.60, and the Lafayette Street Bridge at mile 6.78, all over the
Saginaw River at Bay City, MI. The previous regulation was confusing,
outdated, and unnecessarily restrictive for both commercial and
recreational vessels. The revised regulation will simplify the
regulatory language, increase access through the drawbridges for all
vessels, and provide for the reasonable needs of all traffic.
DATES: This rule is effective May 14, 2012.
ADDRESSES: Comments and related materials received from the public, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2011-1013 and are available online by
going to https://www.regulations.gov, inserting USCG-2011-1013 in the
``Keyword'' box, and then clicking ``Search''. This material is also
available for inspection or copying at the Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Lee Soule, Bridge Management Specialist, Ninth Coast
Guard District; telephone (216) 902-6085, email lee.d.soule@uscg.mil.
If you have questions on viewing material in the docket, call Renee V.
Wright, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On December 8, 2011, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Saginaw River, Bay
City, MI, in the Federal Register (76 FR 76637). We received one
comment in response to the proposed rule supporting the NPRM as
written. No public meeting was requested, and none was held.
Basis and Purpose
Lake Carriers Association (LCA), an organization representing U.S.
shipping companies on the Great Lakes, requested that the existing
drawbridge regulation for Saginaw River be reviewed and changed to make
the regulation easier to understand and to remove restrictive
drawbridge schedules for commercial vessels. The existing regulation
was reviewed in its entirety for all drawbridges, vessel types, dates,
and hours of operation.
Lake State Railway Bridge at mile 3.10 is a swing bridge that
provides 7 feet vertical clearance in the closed position and unlimited
clearance in the open position. The Independence Bridge at mile 3.88 is
a bascule bridge that provides 22 feet vertical clearance in the closed
position and unlimited clearance in the open position. The Canadian
National Railway (CN RR) Bridge at mile 4.94 is a swing bridge that
provides 8 feet of vertical clearance in the closed position and
unlimited clearance in the open position. The Liberty Street Bridge at
mile 4.99 is a bascule bridge that provides 25 feet of vertical
clearance in the closed position and unlimited
[[Page 21865]]
clearance in the open position. The Veterans Memorial Bridge at mile
5.60 is a bascule bridge that provides 15 feet of vertical clearance in
the closed position and unlimited clearance in the open position. The
Lafayette Street Bridge at mile 6.78 is a bascule bridge that provides
20 feet vertical clearance in the closed position and unlimited
clearance in the open position. There is no alternate waterway for
vessels entering or departing Saginaw River.
The draws of the Lake State Railway and Canadian Railway Bridges
currently open on signal for all vessel traffic that requires a bridge
opening, except that from December 16 through March 15 the bridges open
on signal if at least 12 hours advance notice is provided.
The draws of the Independence Bridge, Liberty Street, Veterans
Memorial, and Lafayette Street drawbridges open on signal from March 16
through December 15, except as follows: The draws need not open for the
passage of vessels less than 50 gross tons from 6:30 a.m. to 8:30 a.m.
and 3:30 p.m. to 5:30 p.m., except Saturdays, Sundays, and holidays
observed in the locality. The draws need not open for the passage of
downbound vessels over 50 gross tons from 7:30 a.m. to 8:30 a.m. and
4:30 p.m. to 5:30 p.m., except on Sundays, Federal holidays, and
holidays observed in the locality. From 8 a.m. to 8 p.m. on Saturdays,
Sundays, and Federal holidays, the Independence Bridge and Veterans
Memorial bridges need not open for recreational vessels except from
three minutes before to three minutes after the hour and half-hour, and
the Liberty Street and Lafayette Street bridges need not open for
recreational vessels except from three minutes before to three minutes
after the quarter-hour and three-quarter hour. Currently, the draws of
these bridges shall open on signal from December 16 through March 15 if
at least 12 hours advance notice is provided.
The proposed drawbridge schedules and revised regulations were
developed with all known stakeholders, including; Lake Carriers
Association, Canadian Shipowners Association, local Coast Guard units,
City of Bay City, MI, Michigan Department of Transportation (MDOT), Bay
Harbor Marina, Pier 7 Marina, Liberty Harbor Marina, and Bay City Yacht
Club.
Discussion of Comments and Changes
The Coast Guard received one comment supporting the NPRM as
written. No changes to the proposed regulation have been made in this
final rule. The revised regulation reflects current conditions and
provides for the reasonable needs of all modes of transportation.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
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.
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
would not have a significant economic impact on a substantial number of
small entities. This rule increases access through the drawbridges for
all entities compared to the existing regulation and drawbridge
schedule. All known marina owners and small entities were consulted
during the development of this revised rule. Additionally, all vessels
that do not require bridge openings may transit the drawbridges at any
time.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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.
Collection of Information
This rule would call 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 (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.
Taking of Private Property
This rule would not cause 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.
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 21866]]
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 Department of Homeland Security
Management Directive 023-01, and Commandant Instruction M16475.lD,
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 this action is one of a category of actions which
do not individually or cumulatively have a significant effect on the
human environment. This rule is categorically excluded under figure 2-
1, paragraph (32)(e), of the instruction.
Under figure 2-1, paragraph (32)(e), of the instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard revises
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. 0170.1.
0
2. Revise Sec. 117.647 to read as follow:
Sec. 117.647 Saginaw River.
(a) The draws of the Lake State Railway Bridge, mile 3.10, and the
Canadian National Railway Bridge, mile 4.94, both in Bay City, shall
open on signal; except that from January 1 through March 31, the draws
shall open on signal if at least 12 hours advance notice is provided.
(b) The draws of the Independence Bridge, mile 3.88, Liberty Street
Bridge, mile 4.99, Veterans Memorial Bridge, mile 5.60, and Lafayette
Street Bridge, mile 6.78, all in Bay City, shall open on signal, except
as follows:
(1) From April 15 through November 1, between the hours of 6:30
a.m. and 7 p.m., Monday through Friday, except federal holidays, the
draws of the Independence and Veterans Memorial Bridges need open for
the passage of recreational vessels only from three minutes before to
three minutes after the hour and half-hour, and the Liberty Street and
Lafayette Street bridges need open for the passage of recreational
vessels only from three minutes before to three minutes after the
quarter-hour and three-quarter hour.
(2) From January 1 through March 31, the draws of these bridges
shall open on signal if at least 12 hours advance notice is provided.
Dated: March 12, 2012.
M. N. Parks,
Rear Admiral, U. S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 2012-8821 Filed 4-11-12; 8:45 am]
BILLING CODE 9110-04-P
