[Federal Register Volume 62, Number 159 (Monday, August 18, 1997)]
[Rules and Regulations]
[Page 43931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21813]



[[Page 43931]]

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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: Final rule.

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SUMMARY: The Coast Guard is revising the regulation governing the 
operations of the Maple Street bridge and U.S. Route 31 bridge, miles 
1.1 and 1.4, respectively, over the Manistee River in Manistee, MI. 
This revision was made at the behest of recreational vessel owners on 
Manistee River to provide for better bridge operating hours during 
navigation season.

DATES: This regulation is effective September 17, 1997.

ADDRESSES: Documents concerning this regulation are available for 
inspection and copying at 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, Bridge Branch at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

Regulatory History

    The Coast Guard published a notice of proposed rulemaking (NPRM) 
and temporary deviation from regulations which appeared in the Federal 
Register on Thursday, May 22, 1997 (62 FR 27962 and 27990). The 
proposed schedule was submitted by the city of Manistee, MI at the 
request of recreational vessel users to provide later bridge operating 
hours. Under current regulations, between May 1 and October 31 each 
year, the bridge is required to open on signal for recreational vessels 
between 6 a.m. and 10 p.m. The revised regulation will require the 
bridge to open on signal between the hours of 7 a.m. and 11 p.m. No 
comments were received in response to either of the notices. A public 
hearing was not requested and, therefore, was not held.
    The Coast Guard determined that the revised schedule fulfills the 
needs of recreational boating traffic on Manistee River without 
adversely impacting regular commercial users. Therefore, the final rule 
is unchanged from the NPRM.

 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. It 
has been exempted from review 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 rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary.

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 
economic impact on a substantial number of small entities. Small 
entities include independently owned and operated small businesses that 
are not dominant in their field and otherwise qualify as ``small 
business concerns'' under section 3 of the Small Business Act (15 
U.S.C. 632). The revised operating hours were requested by the City of 
Manistee on behalf of recreational boaters and the businesses that 
serve them on Manistee River. This rule was designed to enhance the 
economic potential of businesses on Manistee River while still 
providing for the reasonable needs of commercial navigation.
    By virtue of the preceding, the Coast Guard certifies under 5 
U.S.C. 605(b) that this rulemaking will not have a significant impact 
on a substantial number of small entities.

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 rule 
and concluded that, under section 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B, promulgation of operating requirements or 
procedures for drawbridges is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

    For reasons set out in the preamble, part 117 of Title 33, Code of 
Federal Regulations, is amended 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. 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, between 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: August 8, 1997.
J.F. McGowan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 97-21813 Filed 8-15-97; 8:45 am]
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