Drawbridge Operation Regulation; Sturgeon Bay, Sturgeon Bay, WI, 11148-11151 [2017-03346]

Download as PDF 11148 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations of the local flight standards district office/ certificate holding district office (j) Related Information For more information about this AD, contact Myles Jalalian, Aerospace Engineer, Systems and Equipment Branch, ACE–119A, FAA, Atlanta ACO, 1701 Columbia Avenue, College Park, GA 30337; phone: 404–474– 5572; fax: 404–474–5606; email: Myles.Jalalian@faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Gulfstream G650 Aircraft Service Change 037, Revision A, dated June 28, 2016. (ii) Gulfstream G650ER Aircraft Service Change 037, Revision A, dated June 28, 2016. (3) For service information identified in this AD, contact Gulfstream Aerospace Corporation, Technical Publications Dept., P.O. Box 2206, Savannah, GA 31402–2206; telephone: 800–810–4853; fax: 912–965– 3520; email: pubs@gulfstream.com; Internet: http://www.gulfstream.com/product_ support/technical_pubs/pubs/index.htm. (4) You may view this service information at FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Renton, Washington, on February 2, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–03026 Filed 2–17–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 rmajette on DSK2TPTVN1PROD with RULES [Docket No. USCG–2016–1087] Drawbridge Operation Regulation; Atlantic Intracoastal Waterway, Wrightsville Beach, NC Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating SUMMARY: VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 schedule that governs the S.R. 74 Bridge across the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, NC. The deviation is necessary to accommodate the free movement of pedestrians and vehicles during the 8th Annual Wrightsville Beach Marathon. This deviation allows the bridge to remain in the closed-to-navigation position. DATES: The deviation is effective from 5 a.m. to 11 a.m. on March 25, 2017. ADDRESSES: The docket for this deviation, [USCG–2016–1087] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Martin Bridges, Bridge Administration Branch Fifth District, Coast Guard, telephone 757–398–6422, email Martin.A.Bridges@ uscg.mil. SUPPLEMENTARY INFORMATION: The event director, Without Limits, with approval from the North Carolina Department of Transportation, who owns and operates the S.R. 74 Bridge across the Atlantic Intracoastal Waterway, mile 283.1, at Wrightsville Beach, NC, has requested a temporary deviation from the current operating regulations. This temporary deviation is necessary to accommodate the free movement of pedestrians and vehicles during the 8th Annual Wrightsville Beach Marathon. The bridge is a double bascule bridge and has a vertical clearance in the closed position of 20 feet above mean high water. The current operating schedule is set out in 33 CFR 117.821(a)(4). Under this temporary deviation, the bridge will remain in the closed-to-navigation position from 5 a.m. to 11 a.m., on March 25, 2017. The Atlantic Intracoastal Waterway is used by a variety of vessels including recreational vessels, tug and barge traffic, fishing vessels, and small commercial vessels. The Coast Guard has carefully coordinated the restrictions with waterway users in publishing this temporary deviation. Vessels able to pass through the bridge in the closed position may do so at any time. The bridge will be able to open for emergencies and there is no immediate alternate route for vessels unable to pass through the bridge in the closed position. The Coast Guard will also inform the users of the waterway through our Local and Broadcast Notice to Mariners of the change in operating schedule for the bridge so that vessels PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 can arrange their transits to minimize any impacts caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: February 14, 2017. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2017–03372 Filed 2–17–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0050] RIN 1625–AA09 Drawbridge Operation Regulation; Sturgeon Bay, Sturgeon Bay, WI Coast Guard, DHS. Interim rule with request for comments. AGENCY: ACTION: The Coast Guard is modifying the operating regulation that governs the Bayview (State Route 42/57) Bridge, Mile 3.0, Maple-Oregon Bridge, Mile 4.17, and Michigan Street Bridge, Mile 4.3, all over Sturgeon Bay Ship Canal in Sturgeon Bay, WI, to allow testing of the remote operation equipment for all three drawbridges. The operating schedules are not changing. The three drawbridges will be remotely operated by a single tender throughout the 2017 navigation season with request for comments from all stakeholders on the safety and effectiveness of the remote operation arrangement. SUMMARY: This interim rule is effective from March 23, 2017 to midnight on March 15, 2018. Comments and related material must reach the Coast Guard on or before December 1, 2017. ADDRESSES: You may submit comments or view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type [USCG– 2017–0050] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section DATES: E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations below for instructions on submitting comments. submit comments throughout most of the interim rule period. If you have questions on this interim rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone 216–902– 6085, or Lee.D.Soule@uscg.mil. SUPPLEMENTARY INFORMATION: III. Legal Authority and Need for Rule The Coast Guard is issuing this interim rule under the authority of 33 U.S.C. 499. The operating schedules for the three drawbridges that cross Sturgeon Bay Ship Canal in Sturgeon Bay, WI are found under the existing regulation, 33 CFR 117.1101; Surgeon Bay. All three drawbridges are basculetype bridges with unlimited vertical clearance in the open position. In the closed position, the three drawbridges provide the following clearances: Bayview Bridge 42-feet, Maple-Oregon Bridge 25-feet, and Michigan Street Bridge 14-feet. Under the current regulations, from March 15 thru November 30, the Bayview Bridge opens on signal for vessels 24 hours per day, 7 days per week. Between December 1 and March 14 the Bayview Bridge will open for vessels if at least 12-hours advance notice is provided. Between March 15 and December 31, the MapleOregon Bridge will open for recreational vessels on the quarter-hour and threequarter hour, 24 hours per day, 7 days per week. Between March 15 and December 31 the Michigan Street Bridge will open for vessels on the hour and half-hour, 24 hours per day, 7 days per week. Between January 1 and March 14 both the Maple-Oregon and the Michigan Street Bridges will open for vessels if at least 12-hours advance notice is provided. All three drawbridges open at any time for commercial vessels. Due to the close proximity of the Maple-Oregon and the Michigan Street Bridges, both are required to open simultaneously if requested by a commercial vessel and both shall open on signal at any time if at least 10 vessels have accumulated at either bridge waiting for an opening or vessels are seeking shelter from severe weather. WI–DOT, owner of all three drawbridges, has requested the Coast FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking SNPRM Supplemental notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code WI–DOT Wisconsin Department of Transportation II. Background Information and Regulatory History The Coast Guard is issuing this interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the operating schedules and methods to signal for openings of the three drawbridges across Sturgeon Bay Ship Canal under this regulation are not changing, and WI–DOT has been testing the remote operation equipment the past two navigation seasons without any reported negative impact to safety or navigation. Also, stakeholders and the general public will have the opportunity, and are encouraged, to Guard authorize permanent remote operation of Bayview Bridge and Michigan Street Bridge, with operation from a single tender stationed at the middle bridge, Maple-Oregon Bridge, under the provisions of 33 CFR 117.42. This interim rule is intended to allow remote operation arrangement throughout the 2017 navigation season under testing conditions to fully evaluate any impacts at the conclusion of the test period. Authorizing temporary remote operation of the Sturgeon Bay drawbridges provides a good opportunity to evaluate the use of current technology to monitor and operate remote drawbridges. This is particularly true given the conditions on this waterway and the demonstrated record over time by the bridge owner, WI–DOT, to efficiently manage and operate their drawbridges within the Ninth Coast Guard District. The Sturgeon Bay Ship Canal carries large (freighter) and smaller (tug/barge) commercial vessels, recreational vessels (including sailing vessels), vessels seeking emergency yard services, transient vessels, and vessels seeking shelter from severe weather. There are numerous commercial, recreational, and transient facilities along Sturgeon Bay Ship Canal, including a shipyard capable of servicing freighter size commercial vessels. Vessels may enter or exit the Ship Canal through east or west entrances, with some traffic passing through the entire waterway and requiring openings of all three drawbridges, and some traffic reaching facilities without requiring any drawbridge openings by entering the waterway from either the Lake Michigan or Green Bay sides. Based on data provided by WI–DOT for the 2014 and 2015 navigation seasons, the following charts show the number of commercial and recreational vessel traffic openings for each bridge: Bayview Bridge: Commercial vessels Year 11149 2014 ............................................................................................................................................. 2015 ............................................................................................................................................. 179 171 Recreational vessels 466 476 Total openings 579 570 rmajette on DSK2TPTVN1PROD with RULES Maple-Oregon Bridge: Commercial vessels Year 2014 ............................................................................................................................................. 2015 ............................................................................................................................................. VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\21FER1.SGM 470 463 21FER1 Recreational vessels 1335 1449 Total openings 1351 1442 11150 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations Michigan Street Bridge: Commercial vessels Year 2014 ............................................................................................................................................. 2015 ............................................................................................................................................. rmajette on DSK2TPTVN1PROD with RULES WI–DOT will gather additional throughout the 2017 navigation season and during this interim rule. WI–DOT will also collect additional data to evaluate the remote operation arrangement, including vehicular and pedestrian traffic totals. The operating schedules for all three drawbridges will not be changed. IV. Discussion of the Rule WI–DOT completed installation of remote operation equipment on all three drawbridges in 2014 and operated all three drawbridges via remote operation equipment from the middle bridge, Maple-Oregon, during the 2015 and 2016 navigation seasons. During this period WI–DOT identified improvements to equipment, best practices and protocols. WI–DOT has proposed permanently operating the Bayview and Michigan Street Bridges with a single bridge tender operating remote equipment from the Maple-Oregon Bridge, which is located between the Bayview and Michigan Street Bridges. In order to fulfill the required methods to receive and respond to bridge opening requests from vessels, as outlined in Subpart A of 33 CFR 117, WI–DOT will employ the following equipment and protocols; separate programmable logic controllers (PLC) designed for each bridge on fiber optic connections, digital camera coverage (with ability to pan and provide overlap video coverage) of all approaches from land and water, thermal imaging during severe weather or restricted visibility, two-way audio capability, VHF–FM marine radiotelephone, landline telephone, horn, signal lights, back-up and redundant systems, exclusive duties of bridge tenders, and signage at the bridges advising mariners of communication and signaling methods. WI–DOT has developed protocols to suspend the remote operation arrangement and provide tenders at each drawbridge during emergencies or equipment failures and during busy holidays or weekends (Memorial Day, July Fourth, Labor Day). At the conclusion of the comment period of this interim rule period WI–DOT will provide a report documenting various data and observations, including; frequency of bridge openings, vehicular VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 traffic counts, vessel traffic counts (and type), pedestrian counts, frequency of equipment failure and temporary suspension of remote operation, frequency of restricted visibility, best practices, lessons learned, and any other information useful for evaluating the remote operation arrangement. The Coast Guard and WI–DOT will evaluate the data and all comments provided by stakeholders and the general public and determine whether to extend the test period, modify the arrangement, or make the remote operation arrangement permanent in Sturgeon Bay. The existing operating schedules of the drawbridges will not be changed during the interim rule period, and are not expected to be changed following the period. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protesters. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the fact no changes to operating schedules are implemented with this action. The remote drawbridge operation is expected and designed to be transparent to vessels with no additional requirements or actions necessary to pass any of the three drawbridges. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 1766 2057 Recreational vessels 2897 3922 Total openings 2764 3239 requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. 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 rule will not have a significant economic impact on a substantial number of small entities. This Interim Rule imposes no changes or additional requirements for any vessel operator or small entity to pass a drawbridge compared to current conditions. 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. C. 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). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct E:\FR\FM\21FER1.SGM 21FER1 Federal Register / Vol. 82, No. 33 / Tuesday, February 21, 2017 / Rules and Regulations 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 is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, 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. E. 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. F. 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 made a 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. This rule simply promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under figure 2–1, paragraph (32)(e), of the Commandant Instruction. rmajette on DSK2TPTVN1PROD with RULES G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. VerDate Sep<11>2014 14:42 Feb 17, 2017 Jkt 241001 VI. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this notice, and all public comments, are in our online docket at http:// www.regulations.gov and can be viewed by following that Web site’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 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. In § 117.1101, add introductory text to read as follows: ■ § 117.1101 Sturgeon Bay. The draws of the Bayview (State Route 42/57) and Michigan Street bridges, miles 3.0 and 4.3, respectively, at Sturgeon Bay, are remotely operated PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 11151 by the tender at Maple-Oregon bridge, mile 4.17, and shall open as follows: * * * * * Dated: February 3, 2017. J.E. Ryan, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2017–03346 Filed 2–17–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 14 RIN 2900–AP51 Recognition of Tribal Organizations for Representation of VA Claimants; Delay of Effective Date Department of Veterans Affairs. Final rule; delay of effective AGENCY: ACTION: date. In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled ‘‘Regulatory Freeze Pending Review,’’ this action delays the effective date of the final rule (‘‘Recognition of Tribal Organizations for Representation of VA Claimants’’) published January 19, 2017, from February 21, 2017, until March 21, 2017. SUMMARY: The effective date of the rule that published on January 19, 2017, at 82 FR 6265, is delayed until March 21, 2017. FOR FURTHER INFORMATION CONTACT: Brandon A. Jonas, Staff Attorney, Benefits Law Group, Office of the General Counsel, (022D), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461– 7699. (This is not a toll free number.) SUPPLEMENTARY INFORMATION: On January 19, 2017, the Department of Veterans Affairs (VA) issued a final rule amending its regulations concerning recognition of certain national, State, and regional or local organizations for purposes of VA claims representation. Specifically, the rulemaking allows the Secretary to recognize tribal organizations in a similar manner as the Secretary recognizes State organizations. The final rule allows a tribal organization that is established and funded by one or more tribal governments to be recognized for the purpose of providing assistance on VA benefit claims. In addition, the rulemaking allows an employee of a tribal government to become accredited through a recognized State organization in a similar manner as a County DATES: E:\FR\FM\21FER1.SGM 21FER1

Agencies

[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11148-11151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03346]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0050]
RIN 1625-AA09


Drawbridge Operation Regulation; Sturgeon Bay, Sturgeon Bay, WI

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

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

SUMMARY: The Coast Guard is modifying the operating regulation that 
governs the Bayview (State Route 42/57) Bridge, Mile 3.0, Maple-Oregon 
Bridge, Mile 4.17, and Michigan Street Bridge, Mile 4.3, all over 
Sturgeon Bay Ship Canal in Sturgeon Bay, WI, to allow testing of the 
remote operation equipment for all three drawbridges. The operating 
schedules are not changing. The three drawbridges will be remotely 
operated by a single tender throughout the 2017 navigation season with 
request for comments from all stakeholders on the safety and 
effectiveness of the remote operation arrangement.

DATES: This interim rule is effective from March 23, 2017 to midnight 
on March 15, 2018. Comments and related material must reach the Coast 
Guard on or before December 1, 2017.

ADDRESSES: You may submit comments or view documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov, type [USCG-2017-0050] in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rulemaking.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section

[[Page 11149]]

below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth 
Coast Guard District; telephone 216-902-6085, or Lee.D.Soule@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
WI-DOT Wisconsin Department of Transportation

II. Background Information and Regulatory History

    The Coast Guard is issuing this interim rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the operating schedules and methods 
to signal for openings of the three drawbridges across Sturgeon Bay 
Ship Canal under this regulation are not changing, and WI-DOT has been 
testing the remote operation equipment the past two navigation seasons 
without any reported negative impact to safety or navigation. Also, 
stakeholders and the general public will have the opportunity, and are 
encouraged, to submit comments throughout most of the interim rule 
period.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this interim rule under the authority of 
33 U.S.C. 499. The operating schedules for the three drawbridges that 
cross Sturgeon Bay Ship Canal in Sturgeon Bay, WI are found under the 
existing regulation, 33 CFR 117.1101; Surgeon Bay. All three 
drawbridges are bascule-type bridges with unlimited vertical clearance 
in the open position. In the closed position, the three drawbridges 
provide the following clearances: Bayview Bridge 42-feet, Maple-Oregon 
Bridge 25-feet, and Michigan Street Bridge 14-feet. Under the current 
regulations, from March 15 thru November 30, the Bayview Bridge opens 
on signal for vessels 24 hours per day, 7 days per week. Between 
December 1 and March 14 the Bayview Bridge will open for vessels if at 
least 12-hours advance notice is provided. Between March 15 and 
December 31, the Maple-Oregon Bridge will open for recreational vessels 
on the quarter-hour and three-quarter hour, 24 hours per day, 7 days 
per week. Between March 15 and December 31 the Michigan Street Bridge 
will open for vessels on the hour and half-hour, 24 hours per day, 7 
days per week. Between January 1 and March 14 both the Maple-Oregon and 
the Michigan Street Bridges will open for vessels if at least 12-hours 
advance notice is provided. All three drawbridges open at any time for 
commercial vessels. Due to the close proximity of the Maple-Oregon and 
the Michigan Street Bridges, both are required to open simultaneously 
if requested by a commercial vessel and both shall open on signal at 
any time if at least 10 vessels have accumulated at either bridge 
waiting for an opening or vessels are seeking shelter from severe 
weather.
    WI-DOT, owner of all three drawbridges, has requested the Coast 
Guard authorize permanent remote operation of Bayview Bridge and 
Michigan Street Bridge, with operation from a single tender stationed 
at the middle bridge, Maple-Oregon Bridge, under the provisions of 33 
CFR 117.42. This interim rule is intended to allow remote operation 
arrangement throughout the 2017 navigation season under testing 
conditions to fully evaluate any impacts at the conclusion of the test 
period. Authorizing temporary remote operation of the Sturgeon Bay 
drawbridges provides a good opportunity to evaluate the use of current 
technology to monitor and operate remote drawbridges. This is 
particularly true given the conditions on this waterway and the 
demonstrated record over time by the bridge owner, WI-DOT, to 
efficiently manage and operate their drawbridges within the Ninth Coast 
Guard District.
    The Sturgeon Bay Ship Canal carries large (freighter) and smaller 
(tug/barge) commercial vessels, recreational vessels (including sailing 
vessels), vessels seeking emergency yard services, transient vessels, 
and vessels seeking shelter from severe weather. There are numerous 
commercial, recreational, and transient facilities along Sturgeon Bay 
Ship Canal, including a shipyard capable of servicing freighter size 
commercial vessels. Vessels may enter or exit the Ship Canal through 
east or west entrances, with some traffic passing through the entire 
waterway and requiring openings of all three drawbridges, and some 
traffic reaching facilities without requiring any drawbridge openings 
by entering the waterway from either the Lake Michigan or Green Bay 
sides.
    Based on data provided by WI-DOT for the 2014 and 2015 navigation 
seasons, the following charts show the number of commercial and 
recreational vessel traffic openings for each bridge:
    Bayview Bridge:

----------------------------------------------------------------------------------------------------------------
                                                                    Commercial     Recreational
                              Year                                    vessels         vessels     Total openings
----------------------------------------------------------------------------------------------------------------
2014............................................................             179             466             579
2015............................................................             171             476             570
----------------------------------------------------------------------------------------------------------------

    Maple-Oregon Bridge:

----------------------------------------------------------------------------------------------------------------
                                                                    Commercial     Recreational
                              Year                                    vessels         vessels     Total openings
----------------------------------------------------------------------------------------------------------------
2014............................................................             470            1335            1351
2015............................................................             463            1449            1442
----------------------------------------------------------------------------------------------------------------


[[Page 11150]]

    Michigan Street Bridge:

----------------------------------------------------------------------------------------------------------------
                                                                    Commercial     Recreational
                              Year                                    vessels         vessels     Total openings
----------------------------------------------------------------------------------------------------------------
2014............................................................            1766            2897            2764
2015............................................................            2057            3922            3239
----------------------------------------------------------------------------------------------------------------

    WI-DOT will gather additional throughout the 2017 navigation season 
and during this interim rule. WI-DOT will also collect additional data 
to evaluate the remote operation arrangement, including vehicular and 
pedestrian traffic totals. The operating schedules for all three 
drawbridges will not be changed.

IV. Discussion of the Rule

    WI-DOT completed installation of remote operation equipment on all 
three drawbridges in 2014 and operated all three drawbridges via remote 
operation equipment from the middle bridge, Maple-Oregon, during the 
2015 and 2016 navigation seasons. During this period WI-DOT identified 
improvements to equipment, best practices and protocols.
    WI-DOT has proposed permanently operating the Bayview and Michigan 
Street Bridges with a single bridge tender operating remote equipment 
from the Maple-Oregon Bridge, which is located between the Bayview and 
Michigan Street Bridges. In order to fulfill the required methods to 
receive and respond to bridge opening requests from vessels, as 
outlined in Subpart A of 33 CFR 117, WI-DOT will employ the following 
equipment and protocols; separate programmable logic controllers (PLC) 
designed for each bridge on fiber optic connections, digital camera 
coverage (with ability to pan and provide overlap video coverage) of 
all approaches from land and water, thermal imaging during severe 
weather or restricted visibility, two-way audio capability, VHF-FM 
marine radiotelephone, landline telephone, horn, signal lights, back-up 
and redundant systems, exclusive duties of bridge tenders, and signage 
at the bridges advising mariners of communication and signaling 
methods. WI-DOT has developed protocols to suspend the remote operation 
arrangement and provide tenders at each drawbridge during emergencies 
or equipment failures and during busy holidays or weekends (Memorial 
Day, July Fourth, Labor Day). At the conclusion of the comment period 
of this interim rule period WI-DOT will provide a report documenting 
various data and observations, including; frequency of bridge openings, 
vehicular traffic counts, vessel traffic counts (and type), pedestrian 
counts, frequency of equipment failure and temporary suspension of 
remote operation, frequency of restricted visibility, best practices, 
lessons learned, and any other information useful for evaluating the 
remote operation arrangement. The Coast Guard and WI-DOT will evaluate 
the data and all comments provided by stakeholders and the general 
public and determine whether to extend the test period, modify the 
arrangement, or make the remote operation arrangement permanent in 
Sturgeon Bay.
    The existing operating schedules of the drawbridges will not be 
changed during the interim rule period, and are not expected to be 
changed following the period.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the fact no 
changes to operating schedules are implemented with this action. The 
remote drawbridge operation is expected and designed to be transparent 
to vessels with no additional requirements or actions necessary to pass 
any of the three drawbridges.

B. 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 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 rule 
will not have a significant economic impact on a substantial number of 
small entities. This Interim Rule imposes no changes or additional 
requirements for any vessel operator or small entity to pass a 
drawbridge compared to current conditions.
    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.

C. 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).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct

[[Page 11151]]

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 is 
consistent with the fundamental federalism principles and preemption 
requirements described in Executive Order 13132.
    Also, 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.

E. 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.

F. 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 made a 
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. This rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the Commandant 
Instruction.

G. Protest Activities

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

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

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. In Sec.  117.1101, add introductory text to read as follows:


Sec.  117.1101   Sturgeon Bay.

    The draws of the Bayview (State Route 42/57) and Michigan Street 
bridges, miles 3.0 and 4.3, respectively, at Sturgeon Bay, are remotely 
operated by the tender at Maple-Oregon bridge, mile 4.17, and shall 
open as follows:
* * * * *

    Dated: February 3, 2017.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2017-03346 Filed 2-17-17; 8:45 am]
 BILLING CODE 9110-04-P