[Federal Register Volume 66, Number 60 (Wednesday, March 28, 2001)]
[Proposed Rules]
[Pages 16895-16897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7623]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-15-P