Drawbridge Operation Regulation; Sturgeon Bay Ship Canal, Sturgeon Bay, WI, 44140-44142 [2012-18405]

Download as PDF 44140 Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations The Coast Guard has issued a temporary deviation from the operating schedule that governs the Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento, CA. The deviation is necessary to allow the community to participate in the Fleet Feet Event, Run to Remember 10K. This deviation allows the bridge to remain in the closed-to-navigation position during the event. DATES: This deviation is effective from 9:30 a.m. to 10:30 a.m. on September 9, 2012. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2012– 0692 and are available online by going to http://www.regulations.gov, inserting USCG–2012–0692 in the ‘‘Keyword’’ box and then clicking ‘‘Search’’. They are also available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast Guard District; telephone 510–437–3516, email David.H.Sulouff@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: The California Department of Transportation has requested a temporary change to the operation of the Tower Drawbridge, mile 59.0, Sacramento River, at Sacramento, CA. The Tower Drawbridge navigation span provides a vertical clearance of 30 feet above Mean High Water in the closed-to-navigation position. The draw opens on signal from May 1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through April 30 from 9 a.m. to 5 p.m. At all other times the draw shall open on signal if at least four hours notice is given, as required by 33 CFR 117.189(a). Navigation on the waterway is commercial and recreational. The drawspan will be secured in the closed-to-navigation position from 9:30 a.m. to 10:30 a.m. on September 9, 2012 to allow the community to participate in the Fleet Feet Event, Run To Remember 10K. This temporary deviation has been coordinated with waterway users. There are no scheduled river boat cruises or anticipated levee maintenance during this deviation period. No objections to the proposed temporary deviation were erowe on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:46 Jul 26, 2012 Jkt 226001 raised. Vessels that can transit the bridge, while in the closed-to-navigation position, may continue to do so at any time. In the event of an emergency the drawspan can be opened with 15 minutes advance notice. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: July 17, 2012. D.H. Sulouff, District Bridge Chief, Eleventh Coast Guard District. [FR Doc. 2012–18342 Filed 7–26–12; 8:45 am] BILLING CODE 9110–04–P 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. Final rule. AGENCY: The Coast Guard is changing the 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. This final rule also confirms the winter drawbridge schedules for all three drawbridges over Sturgeon Bay Ship Canal, including the two previously mentioned bridges as well as the Bayview Bridge at mile 3.0. DATES: This rule is effective August 27, 2012. ADDRESSES: Comments and related materials received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2011– 1109 and are available online by going to http://www.regulations.gov, inserting USCG–2011–1109 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey SUMMARY: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 A. Regulatory History and Information On April 12, 2012, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulation; Sturgeon Bay Ship Canal, Sturgeon Bay, WI, in the Federal Register (77 FR 21890). We did not receive any comments on the proposed rule. No public meeting was requested, and none was held. B. Basis and Purpose [Docket No. USCG–2011–1109] ACTION: Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email 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. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: This rule establishes drawbridge schedules following the construction of the new Maple-Oregon Street Bridge and the extensive rehabilitation of the existing Michigan Street Bridge. This final 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 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 also 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 E:\FR\FM\27JYR1.SGM 27JYR1 erowe on DSK2VPTVN1PROD with RULES Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations 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 too 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 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 current regulation that required the bridge to 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. 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 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 requirement during the test schedule to open if at least 10 vessels have accumulated at VerDate Mar<15>2010 14:46 Jul 26, 2012 Jkt 226001 either bridge waiting for an opening. This 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. C. Discussion of Comments, Changes and the Final Rule The Coast Guard provided a 30-day comment period in conjunction with the NPRM and no comments were received. The regulatory text published in the NPRM has not changed in this final rule. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 1. Regulatory Planning and Review This 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 Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under that Order. This rule is expected to improve traffic congestion and safety in the vicinity of the drawbridge and does not exclude bridge openings for vessel traffic. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The Coast Guard did not receive any comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. 3. 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 rule. 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 the person PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 44141 listed in the FOR FURTHER INFORMATION above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247). 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. CONTACT, 4. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INTFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have E:\FR\FM\27JYR1.SGM 27JYR1 44142 Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations This 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. have concluded that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e) of the Instruction an environmental analysis checklist and a categorical exclusion determination are not required for this rule. 10. Protection of Children List of Subjects in 33 CFR Part 117 BILLING CODE 9110–04–P We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that might disproportionately affect children. Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: DEPARTMENT OF HOMELAND SECURITY taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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. 12. Energy Effects We have analyzed this 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. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. erowe on DSK2VPTVN1PROD with RULES 14. Environment We have analyzed this 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 VerDate Mar<15>2010 14:46 Jul 26, 2012 Jkt 226001 Dated: July 18, 2012. M.N. Parks, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2012–18405 Filed 7–26–12; 8:45 am] Coast Guard PART 117—DRAWBRIDGE OPERATION REGULATIONS 33 CFR Part 117 1. The authority citation for part 117 continues to read as follows: ■ 11. Indian Tribal Governments 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. Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. [Docket No. USCG–2012–0682] Drawbridge Operation Regulation; Neches River, Beaumont, TX Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: 2. Revise § 117.1101 to read as follows: ACTION: § 117.1101 SUMMARY: ■ Sturgeon Bay. (a) The Bayview (State Route 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 00036 Fmt 4700 Sfmt 4700 The Coast Guard has issued a temporary deviation from the operating schedule that governs the Kansas City Southern vertical lift span bridge across the Neches River, mile 19.5, at Beaumont, Texas. The deviation is necessary to replace south vertical lift joints on the bridge. This deviation allows the bridge to remain closed to navigation for eight consecutive hours. DATES: This deviation is effective from 7 a.m. through 3 p.m. on Wednesday, August 8, 2012. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2012– 0682 and are available online by going to http://www.regulations.gov, inserting USCG–2012–0682 in the ‘‘Keyword’’ box and then clicking ‘‘Search’’. They are also available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Kay Wade, Bridge Administration Branch, Coast Guard; telephone 504– 671–2128, email Kay.B.Wade@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: The Kansas City Southern Railroad has E:\FR\FM\27JYR1.SGM 27JYR1

Agencies

[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Rules and Regulations]
[Pages 44140-44142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18405]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the 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. This final rule also confirms the winter 
drawbridge schedules for all three drawbridges over Sturgeon Bay Ship 
Canal, including the two previously mentioned bridges as well as the 
Bayview Bridge at mile 3.0.

DATES: This rule is effective August 27, 2012.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2011-1109 and are available online by 
going to http://www.regulations.gov, inserting USCG-2011-1109 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the 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, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email 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. If you have questions on viewing the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

 A. Regulatory History and Information

    On April 12, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Sturgeon Bay Ship 
Canal, Sturgeon Bay, WI, in the Federal Register (77 FR 21890). We did 
not receive any comments on the proposed rule. No public meeting was 
requested, and none was held.

B. Basis and Purpose

    This rule establishes drawbridge schedules following the 
construction of the new Maple-Oregon Street Bridge and the extensive 
rehabilitation of the existing Michigan Street Bridge. This final 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 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 also 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

[[Page 44141]]

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 too 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 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 current regulation that 
required the bridge to 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.
    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 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 requirement during the 
test schedule to open if at least 10 vessels have accumulated at either 
bridge waiting for an opening. This 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.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a 30-day comment period in conjunction 
with the NPRM and no comments were received. The regulatory text 
published in the NPRM has not changed in this final rule.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This 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 Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under that Order. This rule is expected to improve 
traffic congestion and safety in the vicinity of the drawbridge and 
does not exclude bridge openings for vessel traffic.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard did 
not receive any comments from the Small Business Administration on this 
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). 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.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have

[[Page 44142]]

taking implications under Executive Order 12630, Governmental Actions 
and Interference with Constitutionally Protected Property Rights.

9. Civil Justice Reform

    This 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.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does 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.

12. Energy Effects

    We have analyzed this 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction. Under figure 2-1, paragraph 
(32)(e) of the Instruction an environmental analysis checklist and a 
categorical exclusion determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
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.


0
2. Revise Sec.  117.1101 to read as follows:


Sec.  117.1101  Sturgeon Bay.

    (a) The Bayview (State Route 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: July 18, 2012.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2012-18405 Filed 7-26-12; 8:45 am]
BILLING CODE 9110-04-P