Drawbridge Operation Regulations; Cheboygan River, MI
[Federal Register: March 28, 2001 (Volume 66, Number 60)]
[Proposed Rules]
[Page 16895-16897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr01-19]
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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: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the operating regulation
governing the U.S. 23 bridge at mile 0.9 over Cheboygan River in
Cheboygan, Michigan. The proposed rule would revise the advance notice
requirement for vessels during winter months. Currently, vessels
provide 24-hour notice between December 15 and March 15. The proposed
schedule would require vessels to provide 12-hour advance notice
between December 15 and April 1 each year. This schedule would relieve
the bridge owner from maintaining operators during periods of no vessel
traffic each year, while still providing for bridge openings.
DATES: Comments must be received on or before May 29, 2001.
ADDRESSES: Comments may be mailed or delivered to: 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.
[[Page 16896]]
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views or arguments for or
against this rule. Persons submitting comments should include names and
addresses, identify the rulemaking [CGD09-01-008] and the specific
section of this proposal to which each comment applies, and give the
reason(s) for each comment. Please submit all comments and attachments
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgement of
receipt of comments should enclose a stamped, self-addressed postcard
or envelope.
The Coast Guard plans no public hearing. Individuals may request a
public hearing by writing to the address under ADDRESSES. The request
should include the reasons why a hearing would be beneficial. If the
Coast Guard determines that the opportunity for oral presentation will
aid this rulemaking, we will hold a public hearing at a time and place
announced by a later notice in the Federal Register.
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. MDOT requested
vessels provide 12-hour advance notice between December 15 and April 15
each year. Commander, Ninth Coast Guard District, determined that this
schedule would not serve the reasonable needs of navigation, and
specifically, would adversely affect a ferry service company with
established routes between Cheboygan and other island communities. The
ferry service resumes its scheduled transits as early as weather
permits in the spring. The ferry service is also used as an occasional
platform for transporting emergency medical personnel between the
communities. For this reason, and from information gathered from bridge
opening logs submitted by MDOT, the Coast Guard agreed to propose a 12-
hour advance notice requirement for vessels between December 15 and
April 1.
Discussion of Proposed Rule
The current operating schedule for the U.S. 23 bridge is governed
by 33 CFR. Under this proposed rule, only the dates and advance notice
time would be revised during winter months. Since the focus of this
proposed change would primarily affect the dates that the bridge should
be attended in the spring, the following bridge opening data concerns
openings for vessels between March 15 and April 15 for the past 3
years: In 1998, there were no openings between March 15 and April 1,
and 17 openings between April 2 and April 15. All of these openings
were for the ferry vessel mentioned in Background and Purpose. In 1999,
there were no openings between March 15 and April 1, with 3 openings
between April 2 and April 15. Two of the three openings were for the
ferry vessel.
In 2000, there were no openings between March 15 and April 15. In
the winter and spring of 2000, the ferry vessel was drydocked for
maintenance and repairs, and scheduled to return to service around
April 15. 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 would be no revision to that requirement.
Regulatory Evaluation
This proposed 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 proposed 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 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.
Therefore, the Coast Guard certifies under 5 U.S.C 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
Collection of Information
This proposed rule would call 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 proposed 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 proposed rule will not impose an
unfunded mandate.
Taking of Private Property
This proposed rule will not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under E.O. 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
[[Page 16897]]
to health or risk to safety that may disproportionately affect
children.
Environment
The Coast Guard considered the environmental impact of this
proposed 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 proposed 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.
List of Subjects in 33 CFR Part 117
Bridges.
For reasons set out in the preamble, the Coast Guard proposes to
revise 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, paragraphs (a), (b) and (c) are revised 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 vessel's intended
time of passage through the draw.
* * * * *
Dated: March 12, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 01-7623 Filed 3-27-01; 8:45 am]
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