Drawbridge Operation Regulations; Cheboygan River, MI
[Federal Register: June 18, 2001 (Volume 66, Number 117)]
[Rules and Regulations]
[Page 32748-32750]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn01-18]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD09-01-008]
RIN-2115-AE47
Drawbridge Operation Regulations; Cheboygan River, MI
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising the operating regulation governing
the U.S. 23 bridge at mile 0.9 over Cheboygan River in Cheboygan,
Michigan. This rule revises the advance notice requirement for vessels
during winter months. Vessels are required to provide 12-hour advance
notice between December 15 and March 31 each year.
DATES: This rule is effective July 18, 2001.
ADDRESSES: Comments and material received from the public, as well as
all material in the docket CGD09-01-008, are available for inspection
or copying at the office of Commander (obr), Ninth Coast Guard
District, 1240 East Ninth Street, Room 2019, Cleveland, OH 44199-2060
between 6:30 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The telephone number is (216) 902-6084.
FOR FURTHER INFORMATION CONTACT: Mr. Scot M. Striffler, Project
Manager, Ninth Coast Guard District Bridge Branch, at (216) 902-6084.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On March 28, 2001, the Coast Guard published a notice of proposed
rulemaking (NPRM) concerning the drawbridge regulation in the Federal
Register (66 FR 16895). We received no comments concerning the proposed
rule. No public hearing was requested and none was held.
Background and Purpose
The owner of the U.S. 23 bridge, Michigan Department of
Transportation (MDOT), requested the Coast Guard approve a modified
schedule for the winter operations of the bridge. The current
regulation contained in 33 CFR 117.627 requires the bridge to open if
at least 24 hours notice is provided between December 15 and March 15
each year. Records submitted by MDOT showed no requested bridge
openings between March 15 and April 1 in 1998, 1999, and 2000. We
determined that it would be reasonable to revise the date in spring
that the bridge is required to be manned from March 15 to March 31.
However, the 24-hour advance notice requirement was determined to be
inconsistent with standard times in the Great Lakes and would not serve
the reasonable needs of known navigation. Therefore, the revised
schedule was developed to reflect the established times of need for
vessels and provide an advance notice requirement that is consistent
with seamanship practices on the Great Lakes. The revised schedule will
require vessels provide at least 12-hours advance notice prior to
intended time of passing between December 15 and March 31. The current
regulation requires the bridge to open as soon as possible at all times
for commercial vessels and vessels used for public safety. There is no
revision to that requirement in this rule. This schedule is believed to
provide a reasonable balance between the needs of the owner of the
bridge to eliminate costs for tender service during periods of no
[[Page 32749]]
vessel activity, and all known navigation that may require openings of
the drawbridge in early spring each year.
Discussion of Comments and Changes
The Coast Guard received no comments to the notice of proposed
rulemaking. No changes will be made to this final rule.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 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.
It is not significant under the regulatory policies and procedures of
the Department of Transportation (DOT) (44 FR 11040; February 26,
1979). The Coast Guard expects the economic impact of this rule to be
so minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
This determination is based on the relatively minor adjustment to
the operating schedule near the end of the winter navigation season,
the only documented vessel that would require openings has been
identified and accommodated, and the bridge would still open for
vessels once the advance notice is provided.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
impact on a substantial number of small entities. ``Small entities''
may include small businesses and 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
people.
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. The 12-hour advance notice requirement during winter months
is a standard practice on the Great Lakes and still provides for bridge
openings with advance notice from vessel operators. No identified
entities would be unable to pass the bridge, as needed.
Collection of Information
This rule calls for no new collection of information requirement
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 13132, and determined that this
rule does not have federalism implications under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a state,
local, or tribal government or the private sector to incur direct costs
without the federal government having first provided the funds to pay
those unfunded mandate costs. This rule will not impose an unfunded
mandate.
Taking of Private Property
This rule will not effect 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 does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under figure 2-1, paragraph 34(g) of Commandant
Instruction M16475.lC, this rule is categorically excluded from further
environmental documentation. This rule changes a drawbridge regulation
which has been found not to have a significant effect on the
environment. A ``Categorical Exclusion Determination'' is not required.
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 proposed 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 on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
List of Subjects in 33 CFR Part 117
Bridges.
For reasons set out in the preamble, the Coast Guard revises Part
117 of Title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. In Sec. 117.627 revise paragraphs (a), (b), and (c) to read as
follows:
Sec. 117.627 Cheboygan River.
* * * * *
(a) From April 1 through May 15 and from September 16 through
December 14, the draw shall open on signal.
(b) From May 16 through September 15--
(1) Between the hours of 6 p.m. and 6 a.m., seven days a week, the
draw shall open on signal.
(2) Between the hours of 6 a.m. and 6 p.m., seven days a week, the
draw need open only from three minutes before to three minutes after
the quarter-hour and three-quarter hour.
(c) From December 15 through March 31, no bridgetender is required
to be at the bridge and the draw need not open unless a request to open
the draw is given at least 12-hours in advance of a vessels intended
time of passage through the draw.
* * * * *
[[Page 32750]]
Dated: June 1, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 01-15276 Filed 6-15-01; 8:45 am]
BILLING CODE 4910-15-U
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