[Federal Register Volume 66, Number 40 (Wednesday, February 28, 2001)]
[Proposed Rules]
[Pages 12745-12746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4884]



[[Page 12745]]

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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-01-003]
RIN-2115-AE47


Drawbridge Operation Regulations; Trail Creek, IN

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the operating regulation 
governing moveable bridges on Trail Creek in Michigan City, Indiana. 
The proposed rule would establish twice-an-hour openings for the 
Franklin Street bridge, mile 0.5, and revise the current regulation for 
the Amtrak bridge, mile 0.85.

DATES: Comments must be received on or before April 30, 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.

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 [CGD09-01-003] 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, they will hold a public hearing at a time and 
place announced in the Federal Register.

Background and Purpose

    The owner of the Franklin Street bridge, LaPorte County Highway 
Department, IN, requested the Coast Guard approve a modified schedule 
for the bridge to reduce vehicular traffic delays in the vicinity of 
the bridge during the peak tourist season and to establish a permanent 
winter operating schedule. The current regulation for the Amtrak bridge 
is obsolete and does not accurately reflect current train and vessel 
operations at that location.
    The Amtrak bridge is currently required to open on signal between 
the hours of 6:30 a.m. and 2:30 p.m., except Sundays, from February 16 
through December 14. The bridge is not required to be manned all other 
times and would be opened within 20 minutes following notification to 
the Amtrak dispatcher in Chicago. The Coast Guard has determined that 
this schedule does not provide for the reasonable needs of navigation 
and places undue burden on vessel operators wishing to pass the draw. 
Amtrak representatives concur with this finding. Also, the bridge is 
currently manned during periods of no vessel traffic on the waterway 
during winter months, placing an undue burden on the railroad. The 
proposed regulation would establish operating hours and dates that more 
accurately reflect the needs of navigation, and would allow the bridge 
to be unmanned during periods of no train traffic and during winter 
months when there is no navigation.
    The Franklin Street bridge is located in a highly congested section 
of Michigan City, and adjacent to a park area that is visited by a 
large number of residents and tourists between April 1 and December 1 
each year. LaPorte County Highway Dept., acting on behalf of the City 
of Michigan City, has asked the Coast Guard to regulate bridge openings 
to coincide with the park hours to alleviate vehicular traffic 
congestion in the area, while still providing for the reasonable needs 
of navigation.

Discussion of Proposed Rule

    The opening schedule for Franklin Street bridge is currently 
governed by the general articles of Subpart A in 33 CFR Part 117. Under 
the proposed rule, the bridge would open on signal from March 16 
through November 30, except from 6:15 a.m. to 11:15 p.m., Monday 
through Sunday, the bridge would open only from three minutes before to 
three minutes after the quarter-hour and three-quarter hour. The bridge 
would open at all times for public vessels, vessels in distress, and 
vessels seeking shelter from severe weather. From December 1 through 
March 15, the bridge would open for vessels if at least 12-hours 
advance notice is provided. The largest marinas in Michigan City are 
located in the park area, with no need for most vessels to pass 
Franklin Street bridge. By scheduling openings for vessels between the 
hours of 6:15 a.m. and 11:15 p.m., vehicles going in and out of the 
park area would not create a congestion problem for the city during 
park hours, while still providing for the reasonable needs of 
navigation. This schedule has been employed and accepted on a voluntary 
basis by vessel operators upstream of the bridge for at least five 
years. Bridge logs submitted by the LaPorte County Highway Department 
showed two openings for vessels between December 1, 1998, and March 14, 
1999. The logs indicate that the majority of openings for vessels occur 
between April 1 and October 30. The proposed rule would ensure that the 
bridge is manned between March 16 and November 30.

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 
proposed 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 fact that this proposed rule 
would not eliminate bridge openings for any vessels, but would only 
require vessels to pass during scheduled periods throughout the peak 
navigation season (March 15 to December 1). The bridges would still 
open between December 1 and March 15 if 12-hour 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

[[Page 12746]]

dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000 people.
    The small entities identified (approximately 3 charter fisherman 
and 1 tug operator) do not represent a substantial number of entities 
that would be affected by this proposed rule. Most vessels that must 
pass Franklin Street bridge are pleasure craft. According to LaPorte 
County Highway Dept., the charter fisherman can pass Franklin Street in 
the closed position once all lowerable appurtenances on their vessels 
are adjusted. Otherwise, the scheduled openings would still satisfy the 
reasonable needs for these few vessels. 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.
    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 Executive Order 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 Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This proposed 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 
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 the 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. Revise Sec. 117.401 to read as follows:


Sec. 117.401  Trail Creek.

    (a) The draw of the Franklin Street bridge, mile 0.5 at Michigan 
City, shall be operated as follows:
    (1) From March 16 through November 30, the draw shall open on 
signal; except from 6:15 a.m. to 11:15 p.m., Monday through Sunday, the 
draw need open only from three minutes before to three minutes after 
the quarter-hour and three-quarter hour.
    (2) From December 1 through March 15, the draw shall open on signal 
if at least 12-hours advance notice is provided prior to intended time 
of passage.
    (b) The draw of the Amtrak bridge, mile 0.9 at Michigan City, shall 
open on signal; except, from December 1 through March 15, the bridge 
shall open on signal if at least 12-hours advance notice is provided 
prior to intended time of passage.
    (c) Public vessels of the United States, state or local vessels 
used for public safety, vessels in distress, and vessels seeking 
shelter from severe weather shall be passed through the draws of each 
bridge as soon as possible.

    Dated: February 5, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 01-4884 Filed 2-27-01; 8:45 am]
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