[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Rules and Regulations]
[Pages 13433-13435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5443]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-01-001]
RIN-2115-AE47


Drawbridge Operation Regulations; Manitowoc River, Wisconsin

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule.

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SUMMARY: By this direct final rule, the Coast Guard is revising the 
operating regulations governing the Eighth Street bridge (mile 0.29), 
Tenth Street bridge (mile 0.43), and Wisconsin Central Railroad 
(formerly Soo Line) bridge (mile 0.91), all over the Manitowoc River in 
Manitowoc, Wisconsin. This rule would re-establish the operating 
schedules published in 1983, and erroneously removed by another rule in 
1984.

DATES: This rule is effective on June 4, 2001, unless a written adverse 
comment, or written notice of intent to submit adverse comment, reaches 
Commander, Ninth Coast Guard District, on or before May 7, 2001. If an 
adverse comment, or notice of intent to submit an adverse comment, is 
received, the Coast Guard will withdraw this direct final rule and 
publish a timely notice of withdrawal in the Federal Register.

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.
    The District Commander maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Scot M. Striffler, Project 
Manager, at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting data, views or arguments for or against 
this rule. Persons submitting comments should include their name, 
address, identify this rulemaking (CGD09-01-001), the specific section 
of this rule to which each comment applies, and the reason(s) for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8\1/2\"  x  11" unbound format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. Persons wanting acknowledgment of receipt of 
comments should enclose a stamped, self-addressed postcard or envelope.

Regulatory Information

    The Coast Guard is publishing a direct final rule, the procedures 
of which are outlined in 33 CFR 1.05-55, because no adverse comments 
are anticipated. If no adverse comments or any written notice of intent 
to submit adverse comment are received within the specified comment 
period, this rule will become effective as stated in the DATES section. 
In that case, approximately 30 days prior to the effective date, the 
Coast Guard will publish a notice in the Federal Register stating that 
no adverse comment was received and announcing confirmation that this 
rule will become effective as scheduled. However, if the Coast Guard 
receives written adverse comment or written notice of intent to submit 
adverse comment, the Coast Guard will publish a notice in the final 
rule section of the Federal Register to announce withdrawal of all or 
part of this direct final rule. If adverse comments apply to only part 
of this rule, and it is possible to remove that part without defeating 
the purpose of this rule, the Coast Guard may adopt as final those 
parts of this rule on which no adverse comments were received. The part 
of this rule that was the subject of adverse comments will be 
withdrawn. If the Coast Guard decides to proceed with a rulemaking, a

[[Page 13434]]

separate Notice of Proposed Rulemaking (NPRM) will be published and a 
new opportunity for comment provided.
    A comment is considered ``adverse'' if the comment explains why 
this rule would be inappropriate, including a challenge to the rule's 
underlying premise or approach, or would be ineffective or unacceptable 
without a change.

Background and Purpose

    The Coast Guard published a final rule on September 22, 1983 (48 FR 
43173), which completed a rulemaking to revise the bridge operating 
regulations for drawbridges on Manitowoc River, Wisconsin. The revised 
regulation was not included in the re-codified numbering of bridge 
regulations that occurred on April 24, 1984 (49 FR 17452). Commander, 
Ninth Coast Guard District, has reviewed the operating schedule adopted 
in 1983 and evaluated the present conditions of marine traffic and 
bridge operations in Manitowoc Harbor, WI, and determined that the 
adopted schedule adequately provides for the reasonable needs of 
navigation in the harbor. The adopted schedule has been enforced in 
Manitowoc for the past 17 years without any reported complaints or 
difficulties.
    The Coast Guard has identified a minor change to the final rule of 
1983; the Soo Line bridge at mile 0.9 is now owned by the Wisconsin 
Central railroad company. The bridge is correctly named in this direct 
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 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 Coast Guard review of impacts on 
commerce and marine activities in Manitowoc during the 17 years since 
the original final rule was published. There have been no reported 
problems or complaints with the bridge operating schedule.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider the economic impact on small entities of a 
rule for which a general notice of proposed rulemaking is required. 
``Small entities'' may include (1) small businesses and not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields and (2) governmental jurisdictions with 
populations of less than 50,000.
    The revised bridge regulations have been employed for approximately 
seventeen years with no complaints or problems for known small 
entities.
    Therefore, 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.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and this 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 rule would economically affect it.

Collection of Information

    This rule contains no collection-of-information requirements 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.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For reasons set out in the preamble, 33 CFR part 117 is revised 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); 
Sec. 117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Revise Sec. 117.1089 to read as follows:


Sec. 117.1089  Manitowoc River.

    (a) The draws of the Eighth Street bridge, mile 0.29, and Tenth 
Street bridge, mile o.43, both at Manitowoc, shall open on signal 
except that:
    (1) From April 1 through October 31, Monday through Friday, the 
bridges need not open from 6:50 a.m. to 7 a.m., 7:50 a.m. to 8 a.m., 
11:55 a.m. to 12:10 p.m., and 12:45 p.m. to 1 p.m., except federal 
holidays. From 10:30 p.m. to 4:30 a.m. the draws shall open on signal 
if at least a 6 hour advance notice is given.
    (2) From November 1 through March 31 the draws shall open on signal 
if at least a 12 hour advance notice is given.
    (3) The opening signals for these bridges are:

[[Page 13435]]

    (i) Eighth Street--one prolonged blast followed by one short blast.
    (ii) Tenth Street--two short blasts followed by one prolonged 
blast.
    (4) When signal is given by car ferry or other large vessel to pass 
either of the two bridges, the remaining bridge shall open promptly so 
that such vessels shall not be held between the two bridges.
    (b) The draw of the Wisconsin Central railroad bridge, mile 0.91 at 
Manitowoc, shall open on signal except that:
    (1) From April 1 through October 31 between the hours of 10:30 p.m. 
and 4:30 a.m., the draws shall open on signal if at least a 6 hour 
advance notice is given.
    (2) From November 1 through March 31 the draw shall open on signal 
if at least a 12 hour advance notice is given.
    (3) Opening signal for this bridge is two short blasts followed by 
one prolonged blast.

    Dated: February 20, 2001.
James D. Hull,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 01-5443 Filed 3-5-01; 8:45 am]
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