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 

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. 

[FR Doc. 2012–8739 Filed 4–11–12; 8:45 am] 

BILLING CODE 4910–13–P 

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 http://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 


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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Rules and Regulations 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 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 

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 


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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: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 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: 

§ 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 

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 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: 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. 

DATES: 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 http://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: 

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 


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