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