[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Proposed Rules]
[Pages 30160-30162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14702]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-98-003]
RIN-2115-AE47


Drawbridge Operation Regulations; Sheboygan River, WI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the City of Sheboygan, WI, the Coast Guard 
proposes to revise the operating hours of the Eighth Street bridge at 
mile 0.69 over the Sheboygan River in Sheboygan, WI. The proposed 
changes would restrict bridge openings for vessel traffic during peak 
vehicular traffic hours. Additionally, this proposal would establish a 
permanent winter operating schedule for the bridge.

DATES: Comments must be received on or before August 3, 1998.

ADDRESSES: Comments may be mailed or delivered to: Commander (obr), 
Ninth Coast Guard District, 1240 East Ninth Street, Room 2019, 
Cleveland, OH 44199-2060 between 6:30 a.m. and 3:00 p.m., Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:

[[Page 30161]]

Mr. Scot M. Striffler, Project Manager, at (216) 902-6084.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting data, views or arguments for or against 
this rule. Persons submitting comments should include their name, 
address, identify this rulemaking (CGD09-98-003), the specific section 
of this NPRM to which each comment applies, and the reason(s) for each 
comment. The Coast Guard requests that all comments and attachments be 
submitted in an 8\1/2\ x 11'' unbound format suitable for copying and 
electronic filing. If that is not practical, a second copy of any bound 
material is requested. 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. It may change this proposed rule in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to Commander (obr), Ninth Coast Guard 
District, listed under ADDRESSES. The request should include the 
reasons why a hearing would be beneficial. If it determines that the 
opportunity for oral presentation 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.

Background and Purpose

    The City of Sheboygan, WI, has requested that the Coast Guard 
initiate changes to the permanent regulations that govern the 
operations of the Eighth Street bridge at mile 0.69 over the Sheboygan 
River in Sheboygan, WI. The bridge is currently required to open on 
signal at 10 minutes after the hour, on the half-hour, and at 10 
minutes before the hour, Monday through Saturday, between the hours of 
6:10 a.m. and 7:10 p.m. There is no requested change to this schedule, 
but the City has additionally asked that the bridge not be required to 
open between 7:30 a.m. and 8:30 a.m., between 12:00 p.m. and 1:00 p.m., 
and between 4:30 p.m. and 5:30 p.m., Monday through Friday, to relieve 
vehicular traffic congestion.
    The City has asserted that the Eighth Street bridge is the primary 
roadway to the downtown central business district, which has grown 
considerably since 1995, attracting an increase in vehicle traffic 
across the bridge.
    Vehicular traffic count data supplied by the City indicates that 
traffic volume is at its highest during the hours identified above. 
Corresponding bridge opening data submitted for the same period shows 
random openings, with no distinct pattern for requests to open the 
bridge.
    The City also maintains that the number of bridge openings has 
decreased since a new marina, located in the outer harbor of Sheboygan, 
was constructed and opened in 1995. No data was submitted to support 
this statement. There are still existing facilities located above the 
bridge that require openings for passage.
    Finally, the City claims that a newly created ``rotary 
intersection'' in the vicinity of the bridge contributes to significant 
traffic congestion during morning and evening rush hour, and at mid-
day.
    In addition to the opening restrictions requested above, the City 
wishes to establish a permanent winter operating schedule between 
October 31 and April 30. Vessels requesting openings of the bridge 
during this period would be required to provide a 12-hour advance 
notice to the City prior to the intended time of passage.

Regulatory Evaluation

    This proposed 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 proposed rule to be so minimal that a full Regulatory 
Evaluation under paragraph 10e of the regulatory policies and 
procedures of DOT is unnecessary. There are no major commercial 
navigation facilities located above this bridge. The federal navigation 
channel is only maintained to the outer basin of the harbor, with a 
shallow channel approaching the bridge and going beyond it.

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.
    The Coast Guard identified small commercial fishing entities 
located above this bridge during the preliminary fact-finding phase of 
this proposal. The requested bridge opening restriction times would be 
for no more than one hour at a time, at three different times of the 
day. The requested bridge opening restrictions, if approved, would 
eliminate openings only during peak vehicular traffic periods. Bridge 
logs submitted by the City do not indicate a set pattern of times that 
these entities require the bridge to open.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if adopted, will not have a significant economic 
impact on a substantial number of small entities. If, however, you 
think that your business or organization qualifies as a small entity 
and that this proposed rule will have a significant economic 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 proposed 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 proposed rule under the 
principles and criteria contained in Executive Order 12612 and has 
determined that this proposed 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 figure 2-1, paragraph 32(e) of Commandant 
Instruction M16475.1B, this rule is categorically excluded from further 
environmental documentation. 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 proposed to 
be amended as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

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


[[Page 30162]]


    Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.1097 is revised to read as follows:


Sec. 117.1097  Sheboygan River.

    The draw of the Eighth Street bridge, mile 0.69 at Sheboygan, shall 
open as follows:
    (a) From May 1 through October 31--
    (1) Between the hours of 6:00 a.m. and 10:00 p.m., the bridge shall 
open on signal, except that:
    (A) From 6:10 a.m. to 7:10 p.m., Monday through Saturday, the draw 
need open only at 10 minutes after the hour, on the half-hour, and 10 
minutes before the hour; and
    (B) From Monday through Friday, except Federal holidays, the draw 
need not open between 7:30 a.m. and 8:30 a.m., between 12:00 p.m. and 
1:00 p.m., and between 4:30 p.m. and 5:30 p.m.
    (2) Between the hours of 10:00 p.m. and 6:00 a.m., the draw shall 
open on signal if at least 2 hours advance notice is provided.
    (b) From November 1 through April 30, the draw shall open on signal 
if at least 12 hours advance notice is provided.
    (c) At all times, the draw shall open as soon as possible for 
public vessels of the United States, state or local government vessels 
used for public safety, vessels in distress, vessels seeking shelter 
from rough weather, or any other emergency.

    Dated: May 2, 1998.
J.F. McGowan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 98-14702 Filed 6-2-98; 8:45 am]
BILLING CODE 4910-15-M