Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Proposed Rules 12745

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.

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-anhour 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 81⁄2 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

12746 Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Proposed Rules

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 § 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: 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]

BILLING CODE 4910–15–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 51, 60, 63, 70, 123, 142,

145, 162, 233, 257, 258, 271, 281, 403,

501, 745 and 763

[FRL–6949–6]

RIN 2025–AA10

Public Information: Advanced Notice

of Proposed Rulemaking on Electronic

Reporting and Recordkeeping and

Delayed Effective Date of

Recordkeeping Provisions in the

Electronic Signatures in Global and

National Commerce Act of 2000

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Advance notice of proposed

rulemaking (ANPRM).

SUMMARY: EPA announces its intent to

develop a rule to establish performance

standards to assure accuracy, record

integrity, and accessibility of electronic

reports and records applying generally

to all recordkeeping requirements

contained in Chapter I of Title 40 of the

Code of Federal Regulations. This action

delays until June 1, 2001 the effective

date of certain provisions in the

Electronic Signatures in Global and

National Commerce Act of 2000 that

may affect certain federal environmental

recordkeeping requirements.

DATES: In order to be considered,

comments on this ANPRM must be

received on or before March 30, 2001.