[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Proposed Rules]
[Pages 27990-27991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13510]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD09-97-014]
RIN 2115-AE47
Drawbridge Operation Regulations; Manistee River, MI
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the regulations governing
the operations of the Maple Street bridge, mile 1.1, and the U.S. Route
31 bridge, mile 1.4, both over the Manistee River in Manistee, MI. This
proposal would change the times that the bridges are required to open
on signal between May 1 and October 31. The current hours of 6 a.m. to
10 p.m. would be revised to 7 a.m. to 11 p.m. This revision was
requested for the convenience of recreational vessels using the
facilities above the bridges.
DATES: Comments must be received on or before July 21, 1997.
ADDRESSES: Comments may be mailed or delivered to Commander (obr),
Ninth Coast Guard District, 1240 E. Ninth St., Room 2019, Cleveland, OH
44199-2060, between 7 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, at (216) 902-6084.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mr.
Scot Striffler, Project Manager, and Lieutenant Commander Kent Booher,
Project Counsel, Ninth Coast Guard District.
Request for Comments
The Coast Guard encourages interested persons to submit written
data, or arguments for or against this rule. Persons submitting
comments should include their name, address, identify this rulemaking
(CGD09-97-014), the specific section of this rule to which each comment
applies, and the reasons(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 acknowledgement of receipt of comments should enclose a
stamped self-addressed post card or envelope. Persons may submit
comment by writing to the Commander (obr), Ninth Coast Guard District
listed under ADDRESSES.
Background and Purpose
The City of Manistee, MI, on behalf of the marina owners in
Manistee, requested the Coast Guard approve a change to the operating
regulations pertaining to the Maple Street bridge and U.S. Route 31
bridge over the Manistee River. The City of Manistee owns and operates
the Maple Street bridge. The Michigan Department of Transportation
(MDOT) owns the U.S. Route 31 bridge and contracts the City of Manistee
to operate the bridge. The marina owners and operators on Manistee Lake
requested the hours during which the bridges open on signal be revised
to allow longer evening sailing times for the vessels using the marinas
above the bridges.
The City of Manistee conducted meetings with marina owners, along
with a written survey of boat owners using these facilities, in
January-
[[Page 27991]]
February 1997 to ascertain the most desirable time of operation for
the bridges. The meetings and survey concluded that the idea hours of
operation would be from 7 a.m. to 11 p.m., between May 1 and October 31
each year.
The City of Manistee and MDOT have stated no objections to this
change since the total number of operational hours remain the same and
there are no additional costs involved for the owners/operators of the
bridges. Coast Guard operations on Manistee Lake will not be affected
by this revision. The three commercial shipping companies who transit
the bridges have stated no objections to this change.
Commander, Ninth Coast Guard District, approved a temporary
deviation from the regulations for the bridges from May 31, 1997 to
August 31, 1997. The temporary deviation, published elsewhere in
today's Federal Register, was authorized to test the proposed schedule
before making a permanent change to the regulations.
Under the proposed schedule, from May 1 to October 31, the bridges
would only be required to open on signal between 7 a.m. and 11 p.m.
Between 11 p.m. and 7 a.m., the bridges would open if at least a 2-hour
advance notice is provided by vessels intending to transit the draws.
The operations of the bridges between November 1 and April 30 would
remain the same.
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. It has not been reviewed by the Office of Management and
Budget 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 action was initiated by the City
of Manistee, on behalf of the marina operators on Manistee Lake, to
increase access to recreational facilities located above the bridge and
to enhance the economic potential of commerce in the area.
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.
Because this rulemaking was initiated on behalf of the marina
operators on Manistee Lake in order to increase use of recreational
facilities, thereby enhancing potential economic commerce, no adverse
economic impact is anticipated on a substantial number of small
businesses. Any comments submitted in response to this finding will be
evaluated under the criteria described earlier in the preamble for
comments.
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 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this
rule is categorically excluded from further environmental
documentation. A ``Categorical Exclusion Determination'' is available
in the docket for inspection or copying where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
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(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.637 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 117.637 Manistee River.
(a) * * *
(1) From May 1 through October 31 from 7 a.m. to 11 p.m., the
bridges shall open on signal. From 11 p.m. to 7 a.m., the bridges need
not open unless notice is given at least two hours in advance of a
vessel's time of intended passage through the draws.
* * * * *
Dated: May 7, 1997.
G.F. Woolever,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 97-13510 Filed 5-21-97; 8:45 am]
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