27866 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations

that proposed. Additionally, a record of

that training must be maintained and

made available to MSHA and the

representatives of the miners. This

section will take effect 60 days after the

effective date of the regulation. The

initial miners health training will have

to be completed within that time frame

and then annually thereafter. MSHA

believes that 60 days is ample time to

comply with this provision.

Section 72.520 of the final rule

addresses the Diesel Equipment

Inventory. This section will take effect

60 days after the effective date of the

regulation. The initial Diesel Equipment

Inventory containing a list of diesel

equipment and exhaust emission

controls must be completed and

submitted within that time frame.

Subsequent modifications to the

inventory must be submitted within

seven calendar days to the District

Manager. MSHA believes that 60 days is

ample time to comply with this

provision. The inventory must be

mailed or faxed to the MSHA District

Office.’’

20. On page 5695, column 3, sixth

paragraph, line 4, change ‘‘number 7’’ to

‘‘number 8.’’

PART 72—[CORRECTED]

III. Corrections to the Regulatory Text

In the final regulations published on

January 19, 2001, (66 FR 5526) make the

following corrections to the regulatory

text of 30 CFR Part 72:

1. On page 5704, column 3, § 72.500,

paragraph (a), line 4, remove the word

‘‘not’’.

2. On page 5704, column 3, § 72.500,

paragraph (b), line 4, remove the word

‘‘not’’.

3. On page 5704, column 3, § 72.501,

paragraph (a), line 6, remove the word

‘‘not’’.

4. On page 5705, column 1, § 72.501,

paragraph (b), line 7, remove the word

‘‘not’’.

5. On page 5705, column 1, § 72.501,

paragraph (c), line 7, remove the word

‘‘not’’.

6. On page 5705, column 3, § 72.502,

paragraph (a), line 3, remove the word

‘‘not’’.

7. On page 5705, § 72.502, Table

72.502–1, column 2, add the following

two entries at the end of the table:

‘‘450≤kW<560 (600≤hp<750)’’

‘‘kW≥560 (hp≥750)’’

8. On page 5705, § 72.502, Table

72.502–1, column 3, add the following

two entries at the end of the table:

‘‘0.20 g/kW-hr (0.15 g/bhp-hr)’’

‘‘0.20 g/kW-hr (0.15 g/bhp-hr)’’

Signed at Arlington, VA, this 16th day of

May, 2001.

David D. Lauriski,

Assistant Secretary for Mine Safety and

Health.

[FR Doc. 01–12766 Filed 5–18–01; 8:45 am]

BILLING CODE 4510–43–P

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

Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Rules and Regulations 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 § 117.401 to read as follows:

§ 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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–01–001]

RIN 2115–AE47

Drawbridge Operation Regulations;

Manitowoc River, WI

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule; confirmation of

effective date.