[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]]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4910-14-M
