[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22164]


[[Page Unknown]]

[Federal Register: September 8, 1994]


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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 117

[CGD09-94-029]
RIN-2115-AE47

 

Drawbridge Operation Regulations; Sturgeon Bay, WI

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule with request for comments.

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SUMMARY: At the request of the Wisconsin Department of Transportation, 
the Coast Guard is changing the operating regulations governing the 
Michigan Street highway bridge at mile 4.3 across the Sturgeon Bay in 
Sturgeon Bay, Wisconsin, by reducing the number of bridge openings for 
recreational vessels.
    This action will reduce the number of bridge openings while still 
providing for the reasonable needs of navigation.

DATES: This rule is effective September 8, 1994. Comments must be 
submitted on or before November 7, 1994.

ADDRESSES: Comments may be mailed to Commander (obr), Ninth Coast Guard 
District, 1240 East Ninth Street, Cleveland, Ohio 44199-2060, or may be 
delivered to room 2083D at the above address between 6:30 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (216) 522-3993.
    The Commander, Ninth Coast Guard District maintains the public 
docket for this rulemaking. Comments will become part of the docket and 
will be available for inspection and copying at the above address.

FOR FURTHER INFORMATION CONTACT:
Mr. Robert W. Bloom, Jr., Chief, Bridge Branch at (216) 522-3993.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The principal persons involved in drafting this document are Mr. 
Fred H. Mieser, Project Manager, and Lieutenant Karen E. Lloyd, Project 
Counsel, Ninth Coast Guard District.

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD09-94-029) and the specific section of 
this rule to which each comment applies, and give a reason for each 
comment. Persons wanting acknowledgment of receipt of comments should 
enclose a stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Mr. Robert W. Bloom, Jr. at the address 
under ADDRESSES. The request should include reasons why a hearing would 
be beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place announced by a later notice in the 
Federal Register.

Discussion of Interim Rule

    Presently, the Michigan Street bridge opens on signal for the 
passage of vessels from March 15 through May 14, September 15 through 
December 31, and between the hours of 6 p.m. and 6:30 a.m. from May 15 
through September 15. Between the hours of 6:30 a.m. and 6 p.m., from 
May 15 through September 15, the draw need open only on the hour and 
half-hour. However, public vessels of the United States and commercial 
vessels are passed through the draw without delay during the scheduled 
opening periods. From 1 January through 14 March, the draw need not 
open unless notice is given to the owner at least 12 hours in advance 
of a vessel's time of intended passage through the draw.
    This interim final rule reduces the number of openings for 
recreational vessels from March 15 through December 31. From 8 a.m. to 
6 p.m., seven days a week, the owner of the bridge shall be required to 
open the bridge for recreational vessels only on the hour. However, the 
bridge will open as soon as possible when 20 or more vessels have 
accumulated. From 6 p.m. to 10 p.m., the draw need open only on the 
hour and half-hour for recreational vessels. From 10 p.m. to 8 a.m. the 
draw shall open on signal. At all times, the bridge shall open on 
signal for the passage of public vessels of the United States, state or 
local vessels used for public safety, commercial vessels, vessels in 
distress, and vessels seeking shelter from severe weather.
    The Wisconsin Department of Transportation requested that openings 
for recreational vessels be reduced because of severe stress cracks 
developing in. Wisconsin engineers attribute the cracks to fatigue 
amplified by more than 3,000 openings during the navigation season. 
Although the cracks will be repaired, the engineers are concerned that 
opening the bridge with the frequency currently required will cause 
more severe cracks thereby causing the bridge to become permanently 
disabled in the closed position.
    The Coast Guard reviewed bridgetender logs of bridge openings and 
data concerning the cracks to the rolling girder, and has determined 
that this final rule is necessary. Further, the Coast Guard has 
determined that the rule will accommodate the reasonable needs of both 
recreational and commercial vessels.

Regulatory Evaluation

    This rule is not major under Executive Order 12886 and not 
significant under the regulatory policies and procedures of the 
Department of Transportation Regulatory Policies and Procedures (44 FR 
11040; February 26, 1979). The Coast Guard expects the economic impact 
of this rule to be so minimal that a full Regulatory Evaluation under 
paragraph 10e of the regulatory evaluation is unnecessary. This rule is 
not expected to have any substantial effect on commercial navigation or 
on any businesses that depend on waterborne transportation for 
successful operation.
    This schedule change was requested by the State of Wisconsin on 
short notice after stress cracks were detected in the rolling girder of 
the bridge. Failure to change the bridge operating schedule could cause 
more severe cracking, resulting in public endangerment should an 
accident occur. Additionally, if bridge use continues in accordance 
with the current schedule, the bridge could become permanently disabled 
in the closed position, thereby affecting the navigability of this 
waterway. Therefore, under 5 U.S.C. 553, the Coast Guard certifies that 
good cause exists to issue this rule without providing prior notice and 
opportunity to comment, and for this rule to be effective upon 
publication.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether proposed rules, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include independently owned and operated 
small businesses that are not dominant in their field and otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632).
    This Interim final rule allows the owner of the Michigan Street 
highway bridge to reduce the number of openings without interfering 
with commercial use of the waterway. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant impact on a substantial number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that the interim rule does not raise sufficient federalism implications 
to warrant preparation of a Federalism Assessment. The authority to 
regulate the operating schedules of drawbridges is conferred upon the 
Coast Guard by statute. Therefore, the Coast Guard does not expect any 
preemption with respect to state actions on the same subject matter.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2.g(5) of Commandant 
Instruction M16475.1B, promulgation of operating requirements or 
procedures for drawbridges is categorically excluded from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

    For reasons set out in the preamble, the Coast Guard is amending 33 
CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATING REGULATIONS

    1. The authority citation for Part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

    2. Sec. 117.1101 is revised to read as follows:


Sec. 117.1101  Sturgeon Bay.

    The draw of the Michigan Street highway bridge, mile 4.3 at 
Sturgeon Bay, shall open as follows:
    (a) From March 15 through December 31--
    (1) Between the hours of 8 a.m. and 6 p.m., the draw need open for 
recreational vessels only on the hour. However, if more than 20 vessels 
have accumulated at the bridge, the draw shall open as soon as 
possible.
    (2) Between the hours of 6 p.m. and 10 p.m., the draw need open for 
recreational vessels only on the hour and half-hour.
    (3) Between the hours of 10 p.m. and 8 a.m., the draw shall open on 
signal.
    (b) The draw shall open on signal for commercial vessels. 
Additionally, the draw shall open on signal for all vessels seeking 
shelter from severe weather.
    (c) 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 through the draw.

    Dated: August 19, 1994.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 94-22164 Filed 9-7-94; 8:45 am]
BILLING CODE 4910-14-M