[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 [www.gpo.gov]
[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 https://www.regulations.gov. 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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