[Federal Register Volume 70, Number 158 (Wednesday, August 17, 2005)]
[Proposed Rules]
[Pages 48354-48356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16285]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD09-05-080]
RIN 1625-AA09
Drawbridge Operation Regulations; Sturgeon Bay Ship Canal,
Sturgeon Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the operating regulations
for the Michigan Street Bridge and establish permanent winter operating
hours for the Bayview Bridge, both in Sturgeon Bay, WI. The proposed
rule is expected to reflect the need for bridge openings during winter
months and still provide for the reasonable needs of navigation.
DATES: Comments and related material must reach the Coast Guard on or
before October 3, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), Ninth Coast Guard District, 1240 E. 9th Street, Room 2025,
Cleveland, OH 44199-2060. The Ninth Coast Guard District maintains the
public docket for this rulemaking. Comments and material received from
the public, as well as documents indicated in this preamble as being
available in the docket, will become part of this docket and will be
available for inspection or copying at Commander (obr), Ninth Coast
Guard District between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Scot M. Striffler, Bridge Management
Specialist, Ninth Coast Guard District, at (216) 902-6087.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-05-
080), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (obr), Ninth Coast Guard
District, at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The Michigan Street Bridge at mile 4.3 over Sturgeon Bay Ship Canal
is a single-leaf bascule bridge that provides a vertical clearance of
14 feet in the lowered position. On July 11, 1996, the bridge owner,
the Wisconsin Department of Transportation (W-DOT), requested that the
bridge be required to open for recreational vessels only on the hour,
24 hours a day, 7 days a week, between March 15 and December 31 of each
year in order to reduce wear on the bridge. At that time, the operating
regulation governing the bridge provided: From March 15 to December 31
of each year, the bridge was required to open on the hour between 8
a.m. and 6 p.m. for recreational vessels. Between 6 p.m. and 10 p.m.,
the draw was required to open for recreational vessels no more than on
the hour and half-hour, and the bridge opened on signal from 10 p.m. to
8 a.m. From January 1 to March 14 of each year, the bridge was required
to open on signal if notice was given at least 12 hours in advance of a
vessel's intended time of passage through the draw. Throughout the
year, the draw was required to open on signal for commercial vessels
and all vessels seeking shelter from severe weather.
To test the requested schedule change, the Coast Guard authorized a
temporary deviation from the existing regulation during the summer of
1996. The Coast Guard did not receive any comments, and W[dash]DOT did
not report any adverse comments, concerning the temporary deviation.
In February 1997, the Coast Guard published in the Federal Register
an Interim rule with request for comments (62 FR 6875, February 14,
1997), which revised the operating regulation to require the bridge to
open for recreational vessels only on the hour, 24 hours a day, 7 days
a week, between March 15 and December 31 of each year. The requirement
for notice at least 12 hours in advance during the winter months
remained unchanged. It was intended that the operating requirements
applicable between 6 p.m. and 8 a.m., and the provisions related to
commercial vessels and vessels seeking shelter from severe weather,
located at 33 CFR 117.1101(a)(2), (a)(3), and (b), were to be removed.
Although the removal of those sub-paragraphs was not codified, the
bridge has operated according to the provisions of the Interim Rule
since the rule's effective date on March 17, 1997. No negative comments
concerning this operating schedule have been received.
W-DOT has now requested that the 12-hour advance notice requirement
for winter operations be changed from January 1 through March 14 of
each year to December 1 through March 14 of each year. The bridge
opening logs provided by W-DOT showed a large number of openings during
the month of December in 2002, 2003, and 2004, requiring the bridge to
maintain full-time bridge tenders throughout the month of December.
Based on these records, the Coast Guard concluded that W-DOT's
requested change provides for the reasonable needs of navigation.
This proposed rule would make final the provisions of the Interim
Rule, which require the Michigan Street Bridge to open between March 15
and December 31 of each year for recreational vessels on the hour, 24
hours a day, and on signal if more than 20 vessels have accumulated at
the bridge, or if vessels are seeking shelter from severe weather. From
January 1 through March 14 of each year, the bridge would continue to
open for vessels if notice is provided at least 12 hours in advance.
There is no current specific drawbridge regulation for the Bayview
(State Route 42/57) Bridge, mile 3.0 over Sturgeon Bay Ship Canal. The
Bayview Bridge is a twin-leaf bascule drawbridge that provides a
vertical clearance of 42 feet when in the lowered position. The
[[Page 48355]]
drawbridge is currently required to open on signal at all times all
year long.
Every year since approximately 1992, the Coast Guard has granted a
winter operating schedule, effective from January 1 to March 14, under
the provisions of 33 CFR 117.45. W[dash]DOT requested that the Coast
Guard implement a permanent winter operating schedule for this
drawbridge.
W-DOT requests that the schedule for the Bayview Bridge change to
allow it to open for vessels when notice is provided at least 12 hours
in advance between December 1 and March 14 of each year. The Coast
Guard requested copies of bridge opening logs from W-DOT for the
Bayview Bridge. The bridge logs revealed that a total of 9 openings
were requested in December 2002, 6 openings in December 2003, and 3
openings in December 2004. The Coast Guard believes that the small
number of requested openings at Bayview Bridge during the month of
December in the three previous years signifies that the request to
require notice at least 12 hours in advance between December 1 and
March 14 each year would be reasonable.
Discussion of Proposed Rule
The Coast Guard proposes to revise 33 CFR 117.1101 by making
permanent the Michigan Street Bridge schedule that has been implemented
since 1997, with a one month extension of the winter operating rules.
Between March 15 and December 31 each year, the bridge would open on
the hour, 24 hours a day for recreational vessels, and on signal if
more than 20 vessels accumulate at the bridge or vessels are seeking
shelter from severe weather. All vessels would need to provide notice
at least 12 hours in advance between January 1 and March 14 of each
year.
A new regulation for Bayview Bridge would be established. The
bridge would open on signal at all times for all vessels between March
15 and November 30 of each year. All vessels would need to provide
notice at least 12 hours in advance between December 1 and March 14 of
each year.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
The Coast Guard expects minimal public impact from the proposed
schedule. The operating hours for recreational vessels at Michigan
Street Bridge between March 15 and December 31 has been in place since
1997 with no known adverse effects. The proposed winter operating
schedule for both the Michigan Street and Bayview Bridges would
continue to provide openings for vessels with 12-hours advance notice.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
The proposed schedule for Michigan Street Bridge is identical to
the schedule that has been in place since 1997, with no significant
economic impacts reported to the Coast Guard by any entities. The
Bayview Bridge schedule provides openings at all times between March 15
and November 30. Most recreational vessels do not operate past November
30. The winter schedule provides openings with 12-hours advance notice
for all commercial operators.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Scot M. Striffler, Bridge
Management Specialist, Ninth Coast Guard District, at (216) 902-6087.
The Coast Guard will not retaliate against small entities that question
or complain about this rule or any policy or action of the Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
[[Page 48356]]
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Revise section 117.1101 to read as follows:
Sec. 117.1101 Sturgeon Bay.
(a) The draw of the Michigan Street Bridge, mile 4.3 at Sturgeon
Bay, shall open as follows:
(1) From March 15 through December 31, the draw need open on signal
for recreational vessels only on the hour, 24 hours a day. However, if
more than 20 vessels have accumulated at the bridge, or vessels are
seeking shelter from severe weather, the bridge shall open on signal.
(2) From January 1 through March 14, the draw shall open on signal
if notice is given at least 12 hours in advance of a vessel's time of
intended passage.
(b) The draw of the Bayview (SR 42/57) Bridge, mile 3.0 at Sturgeon
Bay, shall open as follows:
(1) From March 15 through November 30, the draw shall open on
signal.
(2) From December 1 through March 14, the draw shall open on signal
if notice is given at least 12 hours in advance of a vessel's time of
intended passage.
Dated: July 25, 2005.
R.J. Papp, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 05-16285 Filed 8-16-05; 8:45 am]
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