[Federal Register Volume 62, Number 31 (Friday, February 14, 1997)]
[Rules and Regulations]
[Pages 6875-6877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3756]
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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 rule with request for comments.
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SUMMARY: The Coast Guard is revising the operating regulations for
Michigan
Street highway bridge, mile 4.3 over Sturgeon Bay Ship Canal in
Sturgeon Bay, WI, to reduce the number of required openings for
recreational vessels. Commercial vessel traffic will not be affected by
this action. The Wisconsin Department of Transportation has requested
this change to minimize stress on the operating machinery at the bridge
until a replacement bridge is constructed.
[[Page 6876]]
DATES: This interim rule is effective on March 17, 1997. Comments must
be received on or before April 15, 1997.
ADDRESSES: Documents concerning this regulation are available for
inspection and copying and comments may be sent to Commander (obr),
1240 E. Ninth Street, Room 2019B, Cleveland, OH 44199-2060 between 6:30
a.m. and 3 p.m., Monday through Friday, except holidays. The telephone
number is (216) 522-3993.
FOR FURTHER INFORMATION CONTACT:
Mr. Scot Striffler, Project Manager, Bridge Branch at (216) 522-3993.
SUPPLEMENTARY INFORMATION:
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 name, address,
identify this rulemaking (CGD09-94-029) and the specific section of
this rule to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgement of
receipt of comments should enclose a stamped self-addressed post card
or envelope. Persons may submit comments by writing to Commander (obr),
Ninth Coast Guard District, listed under ADDRESSES.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Mr. Scot Striffler 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.
Regulatory Information
This rule is being published as an interim rule and is being made
effective March 17, 1997. Under the provisions of 5 U.S.C. 553(b), this
rule is being promulgated without issuing a Notice of Proposed
Rulemaking. An interim final rule, effective September 8, 1994, was
issued to reduce the required openings of the bridge for certain
vessels because of stress fractures found in the operating machinery.
The owners have requested further restrictions on opening requirements
to extend the life of the bridge.
Background and Purpose
The Wisconsin Department of Transportation (WDOT) has requested the
Coast Guard revise the operating requirements for the Michigan Street
bridge, mile 4.3 over Sturgeon Bay Ship Canal, for recreational
vessels. This action was requested to limit the number of openings to
reduce stress on the machinery gear that raises and lowers the bridge.
Construction of a replacement bascule bridge is scheduled to commence
in the year 2002. The limited bridge openings are necessary to help
extend the life of the existing span and avoid potential serious
interruptions to commercial and recreational vessel traffic until a
replacement bridge is built. In June of 1994, WDOT requested a
limitation on the hours that the bridge be required to open on signal
for recreational traffic. The Coast Guard issued an interim final rule
that was published on September 8, 1994 in the Federal Register. This
action helped reduce openings without adversely impacting recreational
traffic. No comments were received from the public concerning this
rule. On July 11, 1996, WDOT requested that the bridge be opened only
on the hour, 24 hours a day, 7 days a week, for recreational vessels
between March 15 and December 31. WDOT has stated that, according to
bridge logs, approximately 100 openings could have been eliminated in
1995 if the bridge operated on the schedule requested.
The Coast Guard authorized WDOT a temporary deviation to the
current regulations during the summer of 1996 for a trial period to
test the effectiveness of this change. The Coast Guard did not receive
any comments and WDOT reported no adverse comments or feedback from
recreational craft in the area during the trial period.
The bridge shall continue to 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.
Discussion of Interim Rule
Currently, from March 15 to December 31, the bridge is required to
open on the hour for recreational vessels between 8 a.m. and 6 p.m.
Between 6 p.m. and 10 p.m., the draw need open for recreational vessels
only on the hour and half-hour. The bridge opens on signal from 10 p.m.
to 8 a.m. This rule will require the bridge to open for recreational
vessels only on the hour, 24 hours a day, between March 15 and December
31. There is no change to the requirement for vessels to provide a 12-
hour advance notice for requests to open the draw between January 1 and
March 14.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has not been reviewed by the Office of Management and Budget under that
order. It is not significant under the regulatory policies and
procedures of the Department of Transportation (DOT) (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 policies and procedures of DOT is unnecessary.
Commercial vessel traffic will not be impacted by this action.
Furthermore, the failure to modify the operating schedule of the bridge
could potentially result in a long-term breakdown that would close the
waterway and seriously impact the economy of the area.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
This rule, while limiting openings to every hour for recreational
vessels, will not interfere with commercial use of the waterway.
Therefore, no adverse economic impact is anticipated on a substantial
number of small entities.
If, however, you think that your business or organization qualifies
as a small entity and this rule will have a significant impact on your
business or organization, please submit a comment (see ADDRESSES)
explaining why you think it qualifies and in what way and to what
degree this rule will economically affect it.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and
[[Page 6877]]
has determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2 of Commandant Instruction
M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this rule is
categorically excluded from further environmental documentation. This
action is not expected to result in any significant cumulative impacts
on the human environment or create substantial controversy or
substantial change to existing environmental conditions. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For reasons set out in the preamble, 33 CFR part 117 is amended 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; 49 CFR 1.46; 33 CFR 1.05(g); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section Sec. 117.1101 (a)(1) is revised to read as follows:
Sec. 117.1101 Sturgeon Bay.
* * * * *
(a) From March 15 through December 31--
(1) 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, the draw shall open as soon as possible.
* * * * *
Dated: February 10, 1997.
G.F. Woolever,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 97-3756 Filed 2-13-97; 8:45 am]
BILLING CODE 4910-14-M