[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Rules and Regulations]
[Pages 32748-32750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15276]


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

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: Final rule.

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

SUMMARY: The Coast Guard is revising the operating regulation governing 
the U.S. 23 bridge at mile 0.9 over Cheboygan River in Cheboygan, 
Michigan. This rule revises the advance notice requirement for vessels 
during winter months. Vessels are required to provide 12-hour advance 
notice between December 15 and March 31 each year.

DATES: This rule is effective July 18, 2001.

ADDRESSES: Comments and material received from the public, as well as 
all material in the docket CGD09-01-008, 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. 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:

Regulatory Information

    On March 28, 2001, the Coast Guard published a notice of proposed 
rulemaking (NPRM) concerning the drawbridge regulation in the Federal 
Register (66 FR 16895). We received no comments concerning the proposed 
rule. No public hearing was requested and none was held.

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. The current 
regulation contained in 33 CFR 117.627 requires the bridge to open if 
at least 24 hours notice is provided between December 15 and March 15 
each year. Records submitted by MDOT showed no requested bridge 
openings between March 15 and April 1 in 1998, 1999, and 2000. We 
determined that it would be reasonable to revise the date in spring 
that the bridge is required to be manned from March 15 to March 31. 
However, the 24-hour advance notice requirement was determined to be 
inconsistent with standard times in the Great Lakes and would not serve 
the reasonable needs of known navigation. Therefore, the revised 
schedule was developed to reflect the established times of need for 
vessels and provide an advance notice requirement that is consistent 
with seamanship practices on the Great Lakes. The revised schedule will 
require vessels provide at least 12-hours advance notice prior to 
intended time of passing between December 15 and March 31. 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 is no 
revision to that requirement in this rule. This schedule is believed to 
provide a reasonable balance between the needs of the owner of the 
bridge to eliminate costs for tender service during periods of no

[[Page 32749]]

vessel activity, and all known navigation that may require openings of 
the drawbridge in early spring each year.

Discussion of Comments and Changes

    The Coast Guard received no comments to the notice of proposed 
rulemaking. No changes will be made to this 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 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 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. 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.

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 34(g) 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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

List of Subjects in 33 CFR Part 117

    Bridges.


    For reasons set out in the preamble, the Coast Guard revises 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 revise paragraphs (a), (b), and (c) 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 vessels intended 
time of passage through the draw.
* * * * *


[[Page 32750]]


    Dated: June 1, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 01-15276 Filed 6-15-01; 8:45 am]
BILLING CODE 4910-15-U