Drawbridge Operation Regulation; Sturgeon Bay Ship Canal, Sturgeon Bay, WI, 21890-21893 [2012-8813]
Download as PDF
<![CDATA[
21890
§ 200.1427
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
Inactive underwriters.
An underwriter who at the time of the
lender’s annual certification to HUD
pursuant to § 200.1407(d) has not
submitted a pre-application or
application for Firm Commitment for a
period of 2 years will be designated as
inactive. Inactive underwriters may be
terminated from the MAP program
because of inactivity and, if so, must
reapply for approval to participate in
MAP programs.
§ 200.1429
Appeals.
(a) An applicant may submit a written
appeal of any HUD decision regarding
the applicant under §§ 200.1411 through
200.1427 of this subpart. Any such
appeal must be submitted to the
designated HUD appeal official within
30 days of the date of receipt of HUD’s
written notification to the applicant of
HUD’s decision. HUD’s written
notification will advise who is the
designated HUD appeal official and
provide the address for such official.
The written appeal may set forth the
reasons why the HUD decision should
be reconsidered or changed, or may
request an informal conference, or both.
(b) HUD will respond to an
applicant’s appeal within 60 days from
the date of HUD’s receipt of the written
appeal. If HUD’s response to the appeal
is to confirm HUD’s original decision,
no further appeal will be accepted from
the applicant.
3. Immediately before § 200.1500, add
an undesignated heading, to read as
follows:
Map Lender Quality Assurance
Enforcement
4. In § 200.1505, revise paragraph (c)
to read as follows:
§ 200.1505
Warning letter.
*
*
*
*
*
(c) Relationship to other sanctions.
The issuance of a warning letter is not
subject to the procedures in § 200.1535,
and is not a prerequisite to the
probation, or suspension, or termination
of MAP privileges.
5. In § 200.1510, revise paragraphs (a)
and (b)(1) to read as follows:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
§ 200.1510
Probation.
(a) In general. HUD may place a
lender on probation, in accordance with
the procedures of § 200.1535.
(b) Effect of probation. (1) Probation is
intended to be corrective in nature and
not punitive. As a result, release from
probation is conditioned upon the
lender meeting a specific requirement or
requirements, such as replacement of a
staff member. A lender’s failure to take
prompt corrective action after being
VerDate Mar<15>2010
17:11 Apr 11, 2012
Jkt 226001
placed on probation may be the basis for
a recommendation of either suspension
or termination.
*
*
*
*
*
6. In § 200.1515, revise paragraph (a)
to read as follows:
§ 200.1515
Suspension of MAP privileges.
(a) In general. HUD may suspend a
lender’s eligibility for MAP, in
accordance with the procedures of
§ 200.1535.
*
*
*
*
*
7. In § 200.1520, revise paragraph (a)
to read as follows:
§ 200.1520
Termination of MAP privileges.
within HUD at this stage of the
proceedings is privileged from
disclosure and will not be regarded as
a part of the administrative record of
any matter.
*
*
*
*
*
10. Revise the heading of § 200.1545
to read as follows:
§ 200.1545
Appeals of sanction decisions.
*
*
*
*
*
Dated: March 16, 2012.
Carol J. Galante,
Acting Assistant Secretary for Housing—
Federal Housing Commissioner.
[FR Doc. 2012–8705 Filed 4–11–12; 8:45 am]
(a) In general. Except as provided in
paragraph (b) of this section, HUD may
terminate a lender’s MAP privileges in
accordance with the procedures of
§ 200.1535.
*
*
*
*
*
8. In § 200.1525, revise paragraph (a)
to read as follows:
BILLING CODE 4210–67–P
§ 200.1525
[Docket No. USCG–2011–1109]
Settlement agreements.
(a) HUD staff, as authorized, may
negotiate a settlement agreement with a
MAP lender before or after the issuance
of a warning letter or referral to HUD.
*
*
*
*
*
9. In § 200.1535, revise the heading
and paragraphs (a)(1) and (a)(2),
paragraph (b) introductory text, and
(f)(1) to read as follows:
§ 200.1535 Procedures for imposition of
sanctions.
(a) Authority. (1) Sanctions. HUD may
impose appropriate sanctions on a MAP
lender after:
(i) Conducting an impartial review of
all information and documentation
submitted to HUD; and
(ii) Making factual determinations
that there has been a violation of MAP
requirements.
(2) Settlement agreements. HUD is
authorized to approve settlement
agreements in accordance with
§ 200.1525 of any pending matter.
*
*
*
*
*
(b) Notice of violation. Before HUD
reviews a matter for consideration of a
sanction, HUD will issue written notice
of violation to the MAP lender’s contact
person as listed on the Multifamily
MAP Web site. The notice is sent by
overnight delivery and must be signed
for by an employee of the MAP lender
upon receipt. The notice:
*
*
*
*
*
(f) HUD action. (1) HUD will consider
the evidence included in the
administrative record and make a final
decision concerning the matter. Any
record of confidential communications
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
RIN 1625–AA09
Drawbridge Operation Regulation;
Sturgeon Bay Ship Canal, Sturgeon
Bay, WI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a drawbridge operating
schedule for the Maple-Oregon and
Michigan Street Bridges across the
Sturgeon Bay Ship Canal, at miles 4.17
and 4.3, in Sturgeon Bay, Wisconsin.
The establishment of this schedule is
necessary due to the construction of the
Maple-Oregon Street Bridge and the
completed rehabilitation of the
Michigan Street Bridge. The proposed
regulation also confirms the winter
drawbridge schedules for all three
drawbridges over Sturgeon Bay Ship
Canal, including the two bridges above
and the Bayview Bridge at mile 3.0.
DATES: Comments and related material
must reach the Coast Guard on or
before: May 14, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–1109 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
SUMMARY:
E:\FR\FM\12APP1.SGM
12APP1
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is (202) 366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
If
you have questions on this proposed
rule, call or email Mr. Lee Soule, Bridge
Management Specialist, Ninth Coast
Guard District; telephone (216) 902–
6085, email Lee.D.Soule@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted,
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2011–1109),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (https://
www.regulations.gov), or by fax, mail or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
the Docket Management Facility. We
recommend that you include your name
and a mailing address, an email address,
or a phone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
VerDate Mar<15>2010
17:11 Apr 11, 2012
Jkt 226001
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rules’’ and insert
‘‘USCG–2011–1109’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 8c by 11
inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the Facility, please enclose a
stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2011–
1109’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. You may also visit the Docket
Management Facility in Room W12–140
on the ground floor of the Department
of Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain 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.
Basis and Purpose
The proposed rule establishes
drawbridge schedules following the
construction of the new Maple-Oregon
Street Bridge and the extensive
rehabilitation of the existing Michigan
Street Bridge. The proposed rule is
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
21891
expected to provide for the safe and
efficient passage of vessels requiring
drawbridge openings, as well as the
efficient movement of vehicular traffic
in Sturgeon Bay.
The Sturgeon Bay Ship Canal is
approximately 8.6 miles long and
provides a navigable connection
between Lake Michigan and Green Bay.
The area experiences a significant
increase in vehicular and vessel traffic
during the peak tourist and navigation
season between approximately
Memorial Day and Labor Day each year.
There are a total of three highway
drawbridges across the waterway. The
Michigan Street Bridge provides
unlimited vertical clearance in the open
position and 14 feet in the closed
position. Maple-Oregon Bridge,
provides unlimited vertical clearance in
the open position and 25 feet in the
closed position. Bayview Bridge
provides unlimited vertical clearance in
the open position and 42 feet in the
closed position. Both Michigan Street
and Maple-Oregon Bridges serve the
downtown Sturgeon Bay area and are
located approximately 750-feet apart on
the canal.
A final rule was published on October
24, 2005 in the Federal Register (70 FR
61380) to allow for one opening per
hour at the Michigan Street Bridge for
recreational vessels while the MapleOregon Bridge was constructed and the
Michigan Street Bridge was
rehabilitated. The final rule also
included a requirement to open at any
time if 20 or more vessels gathered
waiting for bridge openings. A
temporary final rule was published on
June 5, 2009 in the Federal Register (74
FR 26954), effective from June 1, 2009
to November 15, 2010 that essentially
shifted the one bridge opening per hour
at Michigan Street Bridge to the MapleOregon Bridge while the rehabilitation
of Michigan Street was completed and
the bridge was kept in the open-tonavigation position. With both Michigan
Street and Maple-Oregon Bridges
operational, the one opening per hour
schedule for Michigan Street is
considered restrictive for vessels and
could create an unsafe condition for
vessel traffic that may be between the
two closely located drawbridges while
waiting for bridge openings. The Coast
Guard issued a notice of temporary
deviation from regulations that was
published on May 17, 2011 in the
Federal Register (76 FR 28309) with
request for comments to implement a
test drawbridge schedule for Michigan
Street and Maple-Oregon Street Bridges
between May 27, 2011 and September
16, 2011. The test schedule required the
Michigan Street Bridge to open for
E:\FR\FM\12APP1.SGM
12APP1
21892
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
Regulatory Planning and Review
Discussion of Proposed Rule
mstockstill on DSK4VPTVN1PROD with PROPOSALS
recreational vessels twice an hour, on
the hour and half-hour, 24-hours a day,
7 days a week, and required the MapleOregon Bridge to open for recreational
vessels twice an hour, on the quarter
hour and three-quarter hour, during the
same times. The test schedule also
included a change to the requirement
that the bridge open if 20 or more
vessels gathered at the bridge waiting
for a scheduled opening. Local opinion
was that an opening if at least 10 vessels
were gathered would be a safer
maximum number of vessels.
The Coast Guard coordinated with all
local stakeholders before, during, and
after the test drawbridge schedule and
did not receive any adverse comments
to the test schedule.
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 rule continues to
provide at least two drawbridge
openings per hour each day for
recreational vessels during peak hours
compared to one opening per hour
under the current regulation.
Additionally, all vessels that do not
require bridge openings may transit the
drawbridges at any time. All known
small entities were consulted and
included in the development of the test
drawbridge schedule in 2011, and have
not provided any adverse comments.
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.
The Wisconsin Department of
Transportation (WDOT) requested
scheduled drawbridge openings for both
Michigan Street and Maple-Oregon
Bridges so vehicular traffic congestion
would not develop on downtown
Sturgeon Bay streets due to
unscheduled bridge openings. This
proposed rule provides at least two
bridge openings per hour for both
Michigan Street and Maple-Oregon
Street bridges, compared to the one
bridge opening per hour that was in
place during the construction and
rehabilitation of the two highway
bridges. It also retains the test schedule
requirement to open the bridge if at least
10 vessels have accumulated at either
bridge waiting for an opening. The
proposed rule also establishes the
winter operating date for Maple-Oregon
Bridge (January 1 through March 14)
and rearranges the order of the three
drawbridges to be presented
geographically in the regulatory
language. The proposed rule was
developed with all known stakeholders
to provide for the safe and efficient
movement of both vessel and vehicular
traffic, including keeping the bridge
openings on a scheduled basis to reduce
potential vehicular traffic congestion in
Sturgeon Bay. The Coast Guard did not
receive any adverse comments during
the test schedule and is therefore
proposing to implement the test
schedule as a permanent schedule for
Sturgeon Bay drawbridges.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
VerDate Mar<15>2010
17:11 Apr 11, 2012
Jkt 226001
This proposed rule is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, as
supplemented by Executive Order
13563, Improving Regulation and
Regulatory Review, and does not require
an assessment of potential costs and
benefits under section 6(a)(3) of
Executive Order 12866. The Office of
Management and Budget has not
reviewed it under that Order. This
determination is expected to improve
traffic congestion and safety in the
vicinity of the drawbridge and does not
exclude bridge openings for vessel
traffic.
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
Frm 00018
Fmt 4702
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
Small Entities
PO 00000
business, organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Mr. Lee D.
Soule, Bridge Management Specialist,
U.S. Coast Guard, telephone 216–902–
6085, email lee.d.soule@uscg.mil, or fax
216–902–6088. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
Sfmt 4702
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 (adjusted for inflation) 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 cause 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
E:\FR\FM\12APP1.SGM
12APP1
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Proposed Rules
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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 Department of Homeland
Security Management Directive 023–01,
and Commandant Instruction
M16475.lD which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
VerDate Mar<15>2010
17:11 Apr 11, 2012
Jkt 226001
(NEPA) (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions which do not individually or
cumulatively have a significant effect on
the human environment because it
simply promulgates the operating
regulations or procedures for
drawbridges. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this proposed rule.
21893
for larger commercial vessels, as
needed.
(2) From January 1 through March 14,
the draw shall open on signal if notice
is given at least 12 hours in advance of
intended passage.
Dated: March 11, 2012.
M.N. Parks,
Rear Admiral, U. S. Coast Guard,
Commander, Ninth Coast Guard District.
[FR Doc. 2012–8813 Filed 4–11–12; 8:45 am]
BILLING CODE 9110–04–P
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
revise 33 CFR part 117 as follows:
DEPARTMENT OF HOMELAND
SECURITY
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
33 CFR Part 165
1. The authority citation for part 117
continues to read as follows:
[Docket No. USCG–2012–0200]
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise § 117.1101 to read as
follows:
Safety Zone; International Bridge 50th
Anniversary Celebration Fireworks, St
Mary’s River, U.S. Army Corps of
Engineers Locks, Sault Sainte Marie,
MI
§ 117.1101
AGENCY:
Sturgeon Bay.
(a) The Bayview (SR 42/57) Bridge,
mile 3.0 at Sturgeon Bay, shall open on
signal, except from December 1 through
March 14, the draw shall open on signal
if notice is given at least 12 hours in
advance of intended passage.
(b) The draw of the Maple-Oregon
Bridge, mile 4.17 at Sturgeon Bay, shall
open on signal, except as follows:
(1) From March 15 through December
31, need open on signal for recreational
vessels only on the quarter hour and
three-quarter hour, 24 hours a day, if
needed. However, if more than 10
vessels have accumulated at the bridge,
or vessels are seeking shelter from
severe weather, the bridge shall open on
signal. This drawbridge, along with the
Michigan Street drawbridge, shall open
simultaneously for larger commercial
vessels, as needed.
(2) From January 1 through March 14,
the draw shall open on signal if notice
is given at least 12 hours in advance of
intended passage.
(c) The draw of the Michigan Street
Bridge, mile 4.3 at Sturgeon Bay, shall
open on signal, except as follows:
(1) From March 15 through December
31, need open on signal for recreational
vessels only on the hour and half-hour,
24 hours a day, if needed. However if
more than 10 vessels have accumulated
at the bridge, or vessels are seeking
shelter from severe weather, the bridge
shall open on signal. This drawbridge,
along with the Maple-Oregon Street
drawbridge, shall open simultaneously
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
Coast Guard
RIN 1625–AA00
ACTION:
Coast Guard, DHS.
Notice of proposed rulemaking.
The Coast Guard proposes to
establish a safety zone in the Captain of
the Port Sault Sainte Marie zone. This
proposed safety zone is intended to
restrict vessels from certain portions of
water areas within Sector Sault Sainte
Marie Captain of the Port zone, as
defined by 33 CFR 3.45–45. This
temporary safety zone is necessary to
protect spectators and vessels from the
hazards associated with fireworks
displays.
SUMMARY:
Comments and related materials
must be received by the Coast Guard on
or before May 14, 2012.
ADDRESSES: You may submit comments
identified by docket number USCG–
2012–0200 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
DATES:
E:\FR\FM\12APP1.SGM
12APP1
]]>Agencies
[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Proposed Rules]
[Pages 21890-21893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8813]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2011-1109]
RIN 1625-AA09
Drawbridge Operation Regulation; Sturgeon Bay Ship Canal,
Sturgeon Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a drawbridge operating
schedule for the Maple-Oregon and Michigan Street Bridges across the
Sturgeon Bay Ship Canal, at miles 4.17 and 4.3, in Sturgeon Bay,
Wisconsin. The establishment of this schedule is necessary due to the
construction of the Maple-Oregon Street Bridge and the completed
rehabilitation of the Michigan Street Bridge. The proposed regulation
also confirms the winter drawbridge schedules for all three drawbridges
over Sturgeon Bay Ship Canal, including the two bridges above and the
Bayview Bridge at mile 3.0.
DATES: Comments and related material must reach the Coast Guard on or
before: May 14, 2012.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-1109 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
[[Page 21891]]
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth
Coast Guard District; telephone (216) 902-6085, email
Lee.D.Soule@uscg.mil. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-1109), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (https://www.regulations.gov), or by fax, mail or hand delivery,
but please use only one of these means. If you submit a comment online
via https://www.regulations.gov, it will be considered received by the
Coast Guard when you successfully transmit the comment. If you fax,
hand deliver, or mail your comment, it will be considered as having
been received by the Coast Guard when it is received at the Docket
Management Facility. We recommend that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rules'' and insert ``USCG-2011-1109'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8[frac12] by
11 inches, suitable for copying and electronic filing. If you submit
them by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-1109'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain 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.
Basis and Purpose
The proposed rule establishes drawbridge schedules following the
construction of the new Maple-Oregon Street Bridge and the extensive
rehabilitation of the existing Michigan Street Bridge. The proposed
rule is expected to provide for the safe and efficient passage of
vessels requiring drawbridge openings, as well as the efficient
movement of vehicular traffic in Sturgeon Bay.
The Sturgeon Bay Ship Canal is approximately 8.6 miles long and
provides a navigable connection between Lake Michigan and Green Bay.
The area experiences a significant increase in vehicular and vessel
traffic during the peak tourist and navigation season between
approximately Memorial Day and Labor Day each year. There are a total
of three highway drawbridges across the waterway. The Michigan Street
Bridge provides unlimited vertical clearance in the open position and
14 feet in the closed position. Maple-Oregon Bridge, provides unlimited
vertical clearance in the open position and 25 feet in the closed
position. Bayview Bridge provides unlimited vertical clearance in the
open position and 42 feet in the closed position. Both Michigan Street
and Maple-Oregon Bridges serve the downtown Sturgeon Bay area and are
located approximately 750-feet apart on the canal.
A final rule was published on October 24, 2005 in the Federal
Register (70 FR 61380) to allow for one opening per hour at the
Michigan Street Bridge for recreational vessels while the Maple-Oregon
Bridge was constructed and the Michigan Street Bridge was
rehabilitated. The final rule also included a requirement to open at
any time if 20 or more vessels gathered waiting for bridge openings. A
temporary final rule was published on June 5, 2009 in the Federal
Register (74 FR 26954), effective from June 1, 2009 to November 15,
2010 that essentially shifted the one bridge opening per hour at
Michigan Street Bridge to the Maple-Oregon Bridge while the
rehabilitation of Michigan Street was completed and the bridge was kept
in the open-to-navigation position. With both Michigan Street and
Maple-Oregon Bridges operational, the one opening per hour schedule for
Michigan Street is considered restrictive for vessels and could create
an unsafe condition for vessel traffic that may be between the two
closely located drawbridges while waiting for bridge openings. The
Coast Guard issued a notice of temporary deviation from regulations
that was published on May 17, 2011 in the Federal Register (76 FR
28309) with request for comments to implement a test drawbridge
schedule for Michigan Street and Maple-Oregon Street Bridges between
May 27, 2011 and September 16, 2011. The test schedule required the
Michigan Street Bridge to open for
[[Page 21892]]
recreational vessels twice an hour, on the hour and half-hour, 24-hours
a day, 7 days a week, and required the Maple-Oregon Bridge to open for
recreational vessels twice an hour, on the quarter hour and three-
quarter hour, during the same times. The test schedule also included a
change to the requirement that the bridge open if 20 or more vessels
gathered at the bridge waiting for a scheduled opening. Local opinion
was that an opening if at least 10 vessels were gathered would be a
safer maximum number of vessels.
The Coast Guard coordinated with all local stakeholders before,
during, and after the test drawbridge schedule and did not receive any
adverse comments to the test schedule.
Discussion of Proposed Rule
The Wisconsin Department of Transportation (WDOT) requested
scheduled drawbridge openings for both Michigan Street and Maple-Oregon
Bridges so vehicular traffic congestion would not develop on downtown
Sturgeon Bay streets due to unscheduled bridge openings. This proposed
rule provides at least two bridge openings per hour for both Michigan
Street and Maple-Oregon Street bridges, compared to the one bridge
opening per hour that was in place during the construction and
rehabilitation of the two highway bridges. It also retains the test
schedule requirement to open the bridge if at least 10 vessels have
accumulated at either bridge waiting for an opening. The proposed rule
also establishes the winter operating date for Maple-Oregon Bridge
(January 1 through March 14) and rearranges the order of the three
drawbridges to be presented geographically in the regulatory language.
The proposed rule was developed with all known stakeholders to provide
for the safe and efficient movement of both vessel and vehicular
traffic, including keeping the bridge openings on a scheduled basis to
reduce potential vehicular traffic congestion in Sturgeon Bay. The
Coast Guard did not receive any adverse comments during the test
schedule and is therefore proposing to implement the test schedule as a
permanent schedule for Sturgeon Bay drawbridges.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866. The
Office of Management and Budget has not reviewed it under that Order.
This determination is expected to improve traffic congestion and safety
in the vicinity of the drawbridge and does not exclude bridge openings
for vessel traffic.
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 rule continues to provide at
least two drawbridge openings per hour each day for recreational
vessels during peak hours compared to one opening per hour under the
current regulation. Additionally, all vessels that do not require
bridge openings may transit the drawbridges at any time. All known
small entities were consulted and included in the development of the
test drawbridge schedule in 2011, and have not provided any adverse
comments.
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 Mr. Lee D. Soule, Bridge
Management Specialist, U.S. Coast Guard, telephone 216-902-6085, email
lee.d.soule@uscg.mil, or fax 216-902-6088. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed 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 (adjusted for
inflation) 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 cause 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
[[Page 21893]]
significant rule and would not create an environmental risk to health
or risk to safety that might disproportionately affect children.
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 Department of Homeland
Security Management Directive 023-01, and 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 made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment because it simply
promulgates the operating regulations or procedures for drawbridges. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to revise 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; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
2. Revise Sec. 117.1101 to read as follows:
Sec. 117.1101 Sturgeon Bay.
(a) The Bayview (SR 42/57) Bridge, mile 3.0 at Sturgeon Bay, shall
open on signal, except from December 1 through March 14, the draw shall
open on signal if notice is given at least 12 hours in advance of
intended passage.
(b) The draw of the Maple-Oregon Bridge, mile 4.17 at Sturgeon Bay,
shall open on signal, except as follows:
(1) From March 15 through December 31, need open on signal for
recreational vessels only on the quarter hour and three-quarter hour,
24 hours a day, if needed. However, if more than 10 vessels have
accumulated at the bridge, or vessels are seeking shelter from severe
weather, the bridge shall open on signal. This drawbridge, along with
the Michigan Street drawbridge, shall open simultaneously for larger
commercial vessels, as needed.
(2) From January 1 through March 14, the draw shall open on signal
if notice is given at least 12 hours in advance of intended passage.
(c) The draw of the Michigan Street Bridge, mile 4.3 at Sturgeon
Bay, shall open on signal, except as follows:
(1) From March 15 through December 31, need open on signal for
recreational vessels only on the hour and half-hour, 24 hours a day, if
needed. However if more than 10 vessels have accumulated at the bridge,
or vessels are seeking shelter from severe weather, the bridge shall
open on signal. This drawbridge, along with the Maple-Oregon Street
drawbridge, shall open simultaneously for larger commercial vessels, as
needed.
(2) From January 1 through March 14, the draw shall open on signal
if notice is given at least 12 hours in advance of intended passage.
Dated: March 11, 2012.
M.N. Parks,
Rear Admiral, U. S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2012-8813 Filed 4-11-12; 8:45 am]
BILLING CODE 9110-04-P
