[Federal Register Volume 65, Number 56 (Wednesday, March 22, 2000)]
[Rules and Regulations]
[Pages 15238-15240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-7103]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR part 117

[CGD09-00-001]
RIN-2115-AE47


Drawbridge Operation Regulations; Pine River (Charlevoix), MI

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, Commander, Ninth Coast Guard 
District, is changing the regulations governing the U.S. Route 31 lift 
bridge, mile 0.3 over Pine River in Charlevoix, Michigan. Currently, 
the bridge is required to open twice an hour between

[[Page 15239]]

6 a.m. and 6 p.m. for recreational vessels all year long. This rule 
will allow the bridge to open for recreational vessels twice an hour 
between 6 a.m. and 10 p.m., April 1 through October 31, and require a 
12-hour notice from all vessels for openings between January 1 and 
March 31.

DATES: This rule is effective June 20, 2000, unless the Coast Guard 
receives written adverse comments or written notice of intent to submit 
adverse comments on or before May 22, 2000. If adverse comment is 
received, the Coast Guard will publish a timely withdrawal or this rule 
in the Federal Register.

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.
    The District Commander maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Scot M. Striffler, Project 
Manager, Ninth Coast Guard District Bridge Branch, at (216) 902-6084.

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 [CGD09-00-001] and the specific 
section of this rule 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.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
of which are outlined in 33 CFR 1.05-55, because no adverse comments 
are anticipated. If no adverse comments or any written notice of intent 
to submit adverse comment are received within the specified comment 
period, this rule will become effective as stated in the DATES section. 
In that case, prior to the effective date, the Coast Guard will public 
a document in the Federal Register stating that no adverse comment was 
received and announcing confirmation that this rule will become 
effective as scheduled. However, if the Coast Guard receives written 
adverse comment, the Coast Guard will publish in the final rule section 
of the Federal Register a timely withdrawal of this rule. If the Coast 
Guard decides to proceed with a rulemaking, a separate Notice of 
Proposed Rulemaking (NPRM) will be published and a new opportunity for 
comment provided.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change.

Background and Purpose

    The owner of the bridge, Michigan Department of Transportation (M-
DOT), requested the Coast Guard approve a modified schedule for the 
bridge to reduce vehicular traffic delays in Charlevoix, MI, during the 
peak tourist season and to establish a permanent winter operating 
schedule. The bridge is currently required to open on signal for 
recreational vessels from three minutes before to three minutes after 
the hour and half-hour between the hours of 6 a.m. and 6 p.m. 
throughout the year. M-DOT has secured voluntary participation from 
local boaters since 1991 to extend the scheduled twice-an-hour openings 
between 6 p.m. and 10 p.m. on an annual basis. Additionally, the City 
of Charlevoix receives a large influx of tourist traffic between April 
and November, and has endorsed this schedule as a means to reduce 
vehicular traffic back-ups during their peak tourist season. Under the 
provisions of 33 CFR 117.45, M-DOT has requested, and received, 
permission from Commander, Ninth Coast Guard District, to operate the 
bridge with 12-hour advance notice from vessels between January 1 and 
March 31 since 1991. The Coast Guard has not received any user 
complaints concerning the voluntary schedule or winter operating 
schedule since it's inception in 1991.
    Under this rule, the bridge will be required to open on signal for 
recreational vessels only from three minutes before to three minutes 
after the hour and half-hour between the hours of 6 a.m. and 10 p.m., 7 
days a week, from April 1 until October 31. The bridge will open on 
signal for all vessels between 10 p.m. and 6 a.m. during this period, 
and at all times between November 1 and December 31. The bridge will 
open at all times for public vessels of the United States, state and 
local vessels used in public safety, commercial vessels, vessels 
seeking shelter from severe weather, and vessels in distress where a 
delay would endanger life or property. Between January 1 and March 31, 
the bridge will open on signal if at least 12 hours advance notice is 
provided by vessels prior to their intended time of passage.
    The vehicular traffic count and bridge opening data provided by M-
DOT indicated (during a 2-week sample period between August 16 and 
August 29, 1998) that requests for bridge openings averaged 1.4 times 
per day between the hours of 10 p.m. and 6 a.m., with 30.6 openings per 
day between the hours of 6 a.m. and 10 p.m. During this same sample 
period, 230.5 vehicles per hour crossed the bridge between the hours of 
10 p.m. and 6 a.m., and 1186 vehicles per hour crossed between 6 a.m. 
and 10 p.m. Between 10 p.m. and 6 a.m., the fewest number of vehicles 
recorded (60) crossed between the 3 a.m. to 4 a.m. hour, while the 
largest number of vehicles (660) crossed between the 11 p.m. to 12 a.m. 
hour. Between 6 a.m. and 10 p.m., the fewest number of vehicles 
recorded (333) crossed during the 6 .a.m. to 7 a.m. hour, while the 
largest number of vehicles (1572) crossed during the 2 p.m. to 3 p.m. 
hour. The bridge opening logs showed 221 opening in the month of 
October 1998 with a mixture of recreational and commercial (or public) 
vessels. In November 1998, 81 openings were recorded, with only 8 of 
the 81 specifically for recreational vessels. Only 32 openings were 
recorded in December 1998 (none for recreational vessels), with 2 
openings logged in both January and February, 1999. There were 8 
openings logged for March 1999, and 105 openings for April 1999, 
including a large number of recreational vessels.
    The Coast Guard concludes that the dates and times requested by M-
DOT for this rule will adequately provide for the reasonable needs of 
navigation and help reduce vehicular traffic congestion during the peak 
tourist season in Charlevoix.

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 cost 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

[[Page 15240]]

paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary.
    This determination is based on the fact that this rule only 
modestly changes the existing regulation, and passage through the 
bridge is available year-round, with few requested openings recorded 
during the winter months.

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.
    This rule simply extends the hours (6 p.m. to 10 p.m.) that the 
bridge owner may limit openings for recreational vessels. Passage 
through the bridge is not restricted for commercial or public vessels. 
The 12-hour advance notice requirement during winter months is an 
accepted practice and only affects one known entity operating during 
those months.
    Therefore, 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.

Collection of Information

    This rule does not provide for a 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 talking 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 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 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 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 M16475.1C, 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.

List of Subjects in 33 CFR Part 117

    Bridges.

    For reasons set out in the preamble, the Coast Guard amends 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. Revise Sec. 117.641 to red as follows:


Sec. 117.641  Pine River (Charlevoix).

    (a) The draw of the U.S. 31 bridge, mile 0.3 at Charlevoix, shall 
be operated as follows:
    (1) From April 1 through December 31, the draw shall open on 
signal; except from 6 a.m. to 10 p.m., April 1 to October 31, the draw 
need open only from three minutes before to three minutes after the 
hour and half-hour for recreational vessels. Public vessels of the 
United States, state or local vessels used for public safety, 
commercial vessels, vessels in distress, and vessels seeking shelter 
from severe weather shall be passed through the draw as soon as 
possible.
    (2) From January 1, through March 31, the draw shall open on signal 
if at least 12 hours advance notice is provided prior to a vessel's 
intended time of passage.
    (b) The owner of the bridge shall provide and keep in good legible 
condition two board gauges painted white with black figures not less 
than six inches high to indicate the vertical clearance under the 
closed draw at all water levels. The gages shall be placed on the 
bridge so that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.

    Dated: March 14, 2000.
James D. Hull,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 00-7103 Filed 3-21-00; 8:45 am]
BILLING CODE 4910-15-M