```

[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Rules and Regulations]
[Pages 27866-27867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12720]

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

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: Final rule.

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

SUMMARY: The Coast Guard is revising the operating regulation governing 
moveable bridges on Trail Creek in Michigan City, Indiana. This rule 
will establish twice-an-hour openings for the Franklin Street bridge, 
mile 0.5, during the peak navigation season, revise the current 
regulation for the Amtrak bridge, mile 0.85, and establish winter 
schedules for both bridges.

DATES: This rule is effective June 20, 2001.

ADDRESSES: Comments and material received from the public, as well as 
all material in the docket CGD09-01-003, 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.

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 February 28, 2001, the Coast Guard published a notice of 
proposed rulemaking concerning these drawbridge regulations in the 
Federal Register (66 FR 12745). We received no comments concerning the 
proposed rule. No public hearing was requested and none was held.

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is obsolete and does not accurately reflect current train and vessel 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 determined that this 
schedule did not provide for the reasonable needs of navigation and 
places undue burden on vessel operators wishing to pass the draw. 
Amtrak representatives concurred with this finding. Also, the bridge 
was manned during periods of no vessel traffic on the waterway during 
winter months, placing an undue burden on the railroad. The revised 
regulation establishes the requirement for the bridge to open on signal 
for vessels between March 16 and November 30 each year. Vessel 
operators will be required to provide at least 12 hours advance notice 
for openings between December 1 and March 15 each year. This will 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, 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. This final rule will require the bridge to open on signal 
for vessels between March 16 and November 30, except between the hours 
of 6:15 a.m. and 11:15 p.m., Monday through Sunday, the bridge will 
only be required to open for vessels three minutes before to three 
minutes after the quarter-hour and three-quarter hour.
    This schedule is believed to provide a reasonable balance between 
the needs of vessel traffic and vehicular traffic through the two 
drawbridges in Michigan City Harbor.

Discussion of Comments and Changes

    The Coast Guard received no comments to the notice of proposed

[[Page 27867]]

rulemaking. No changes will be made to the 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 fact that this rule will not eliminate 
bridge openings for any vessels, but would only require vessels to pass 
Franklin Street bridge during scheduled periods throughout the peak 
navigation season (March 16 to November 30). The bridges will 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 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. This conclusion is based on the low number of small entities 
identified in the preliminary stages of this rulemaking, and the 
relatively minor restrictions placed on vessels desiring openings of 
the bridges.

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 32(e) 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.

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. 117.401 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: May 7, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 01-12720 Filed 5-18-01; 8:45 am]
BILLING CODE 4910-15-U
```