Drawbridge Operation Regulations; Sturgeon Bay Ship Canal, Sturgeon Bay, WI, 48354-48356 [05-16285]

Agencies

• Coast Guard
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Proposed Rules]
[Pages 48354-48356]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16285]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD09-05-080]
RIN 1625-AA09


Drawbridge Operation Regulations; Sturgeon Bay Ship Canal, 
Sturgeon Bay, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the operating regulations 
for the Michigan Street Bridge and establish permanent winter operating 
hours for the Bayview Bridge, both in Sturgeon Bay, WI. The proposed 
rule is expected to reflect the need for bridge openings during winter 
months and still provide for the reasonable needs of navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before October 3, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Ninth Coast Guard District, 1240 E. 9th Street, Room 2025, 
Cleveland, OH 44199-2060. The Ninth Coast Guard District maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at Commander (obr), Ninth Coast 
Guard District between 7 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Scot M. Striffler, Bridge Management 
Specialist, Ninth Coast Guard District, at (216) 902-6087.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD09-05-
080), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander (obr), Ninth Coast Guard 
District, at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The Michigan Street Bridge at mile 4.3 over Sturgeon Bay Ship Canal 
is a single-leaf bascule bridge that provides a vertical clearance of 
14 feet in the lowered position. On July 11, 1996, the bridge owner, 
the Wisconsin Department of Transportation (W-DOT), requested that the 
bridge be required to open for recreational vessels only on the hour, 
24 hours a day, 7 days a week, between March 15 and December 31 of each 
year in order to reduce wear on the bridge. At that time, the operating 
regulation governing the bridge provided: From March 15 to December 31 
of each year, the bridge was required to open on the hour between 8 
a.m. and 6 p.m. for recreational vessels. Between 6 p.m. and 10 p.m., 
the draw was required to open for recreational vessels no more than on 
the hour and half-hour, and the bridge opened on signal from 10 p.m. to 
8 a.m. From January 1 to March 14 of each year, the bridge was required 
to open on signal if notice was given at least 12 hours in advance of a 
vessel's intended time of passage through the draw. Throughout the 
year, the draw was required to open on signal for commercial vessels 
and all vessels seeking shelter from severe weather.
    To test the requested schedule change, the Coast Guard authorized a 
temporary deviation from the existing regulation during the summer of 
1996. The Coast Guard did not receive any comments, and W[dash]DOT did 
not report any adverse comments, concerning the temporary deviation.
    In February 1997, the Coast Guard published in the Federal Register 
an Interim rule with request for comments (62 FR 6875, February 14, 
1997), which revised the operating regulation to require the bridge to 
open for recreational vessels only on the hour, 24 hours a day, 7 days 
a week, between March 15 and December 31 of each year. The requirement 
for notice at least 12 hours in advance during the winter months 
remained unchanged. It was intended that the operating requirements 
applicable between 6 p.m. and 8 a.m., and the provisions related to 
commercial vessels and vessels seeking shelter from severe weather, 
located at 33 CFR 117.1101(a)(2), (a)(3), and (b), were to be removed.
    Although the removal of those sub-paragraphs was not codified, the 
bridge has operated according to the provisions of the Interim Rule 
since the rule's effective date on March 17, 1997. No negative comments 
concerning this operating schedule have been received.
    W-DOT has now requested that the 12-hour advance notice requirement 
for winter operations be changed from January 1 through March 14 of 
each year to December 1 through March 14 of each year. The bridge 
opening logs provided by W-DOT showed a large number of openings during 
the month of December in 2002, 2003, and 2004, requiring the bridge to 
maintain full-time bridge tenders throughout the month of December. 
Based on these records, the Coast Guard concluded that W-DOT's 
requested change provides for the reasonable needs of navigation.
    This proposed rule would make final the provisions of the Interim 
Rule, which require the Michigan Street Bridge to open between March 15 
and December 31 of each year for recreational vessels on the hour, 24 
hours a day, and on signal if more than 20 vessels have accumulated at 
the bridge, or if vessels are seeking shelter from severe weather. From 
January 1 through March 14 of each year, the bridge would continue to 
open for vessels if notice is provided at least 12 hours in advance.
    There is no current specific drawbridge regulation for the Bayview 
(State Route 42/57) Bridge, mile 3.0 over Sturgeon Bay Ship Canal. The 
Bayview Bridge is a twin-leaf bascule drawbridge that provides a 
vertical clearance of 42 feet when in the lowered position. The

[[Page 48355]]

drawbridge is currently required to open on signal at all times all 
year long.
    Every year since approximately 1992, the Coast Guard has granted a 
winter operating schedule, effective from January 1 to March 14, under 
the provisions of 33 CFR 117.45. W[dash]DOT requested that the Coast 
Guard implement a permanent winter operating schedule for this 
drawbridge.
    W-DOT requests that the schedule for the Bayview Bridge change to 
allow it to open for vessels when notice is provided at least 12 hours 
in advance between December 1 and March 14 of each year. The Coast 
Guard requested copies of bridge opening logs from W-DOT for the 
Bayview Bridge. The bridge logs revealed that a total of 9 openings 
were requested in December 2002, 6 openings in December 2003, and 3 
openings in December 2004. The Coast Guard believes that the small 
number of requested openings at Bayview Bridge during the month of 
December in the three previous years signifies that the request to 
require notice at least 12 hours in advance between December 1 and 
March 14 each year would be reasonable.

Discussion of Proposed Rule

    The Coast Guard proposes to revise 33 CFR 117.1101 by making 
permanent the Michigan Street Bridge schedule that has been implemented 
since 1997, with a one month extension of the winter operating rules. 
Between March 15 and December 31 each year, the bridge would open on 
the hour, 24 hours a day for recreational vessels, and on signal if 
more than 20 vessels accumulate at the bridge or vessels are seeking 
shelter from severe weather. All vessels would need to provide notice 
at least 12 hours in advance between January 1 and March 14 of each 
year.
    A new regulation for Bayview Bridge would be established. The 
bridge would open on signal at all times for all vessels between March 
15 and November 30 of each year. All vessels would need to provide 
notice at least 12 hours in advance between December 1 and March 14 of 
each year.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
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 
Homeland Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    The Coast Guard expects minimal public impact from the proposed 
schedule. The operating hours for recreational vessels at Michigan 
Street Bridge between March 15 and December 31 has been in place since 
1997 with no known adverse effects. The proposed winter operating 
schedule for both the Michigan Street and Bayview Bridges would 
continue to provide openings for vessels with 12-hours advance notice.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    The proposed schedule for Michigan Street Bridge is identical to 
the schedule that has been in place since 1997, with no significant 
economic impacts reported to the Coast Guard by any entities. The 
Bayview Bridge schedule provides openings at all times between March 15 
and November 30. Most recreational vessels do not operate past November 
30. The winter schedule provides openings with 12-hours advance notice 
for all commercial operators.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Scot M. Striffler, Bridge 
Management Specialist, Ninth Coast Guard District, at (216) 902-6087. 
The Coast Guard will not retaliate against small entities that question 
or complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect 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 rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

[[Page 48356]]

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this proposed rule is categorically excluded, 
under figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Revise section 117.1101 to read as follows:


Sec.  117.1101  Sturgeon Bay.

    (a) The draw of the Michigan Street Bridge, mile 4.3 at Sturgeon 
Bay, shall open as follows:
    (1) From March 15 through December 31, the draw need open on signal 
for recreational vessels only on the hour, 24 hours a day. However, if 
more than 20 vessels have accumulated at the bridge, or vessels are 
seeking shelter from severe weather, the bridge shall open on signal.
    (2) From January 1 through March 14, the draw shall open on signal 
if notice is given at least 12 hours in advance of a vessel's time of 
intended passage.
    (b) The draw of the Bayview (SR 42/57) Bridge, mile 3.0 at Sturgeon 
Bay, shall open as follows:
    (1) From March 15 through November 30, the draw shall open on 
signal.
    (2) From December 1 through March 14, the draw shall open on signal 
if notice is given at least 12 hours in advance of a vessel's time of 
intended passage.

    Dated: July 25, 2005.
R.J. Papp, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 05-16285 Filed 8-16-05; 8:45 am]
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