[Federal Register Volume 69, Number 43 (Thursday, March 4, 2004)]
[Rules and Regulations]
[Pages 10158-10159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4779]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD09-04-003]
RIN 1625-AA09


Drawbridge Operation Regulation; Sturgeon Bay Ship Canal, 
Sturgeon Bay, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is temporarily changing the regulation 
governing the operation of the Bayview bridge, mile 0.3 over Sturgeon 
Bay Ship Canal, in Sturgeon Bay, WI. This action was requested by the 
Wisconsin Department of Transportation (DOT) to facilitate deck repairs 
on the drawbridge.

DATES: This temporary rule is effective 6 a.m. on April 1, 2004, until 
6 p.m. on July 1, 2004.

ADDRESSES: Documents indicated in this preamble as being in the docket 
are part of docket CGD09-04-003 and are available for inspection or 
copying at Commander (obr), Ninth Coast Guard District, 1240 E. 9th 
St., Room 2019, Cleveland, OH, 44199, between 8 a.m. and 3 p.m., Monday 
through Friday, except Federal holidays. The telephone number is (216) 
902-6084.

FOR FURTHER INFORMATION CONTACT: Scot Striffler, Bridge Management 
Specialist, Ninth Coast Guard District, at (216) 902-6087.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this 
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM. The request to revise the 
operating schedule for this temporary final rule required extensive 
coordination with known affected marine entities, Wisconsin DOT, and 
the City of Sturgeon Bay, WI. The final temporary schedule was not 
finalized in time to publish a NPRM and still have the work start at 
the best possible time for all affected parties.

Background and Purpose

    Wisconsin DOT requested a temporary change to the operating 
regulations for the Bayview bridge, mile 0.3 over Sturgeon Bay Ship 
Canal in Sturgeon Bay, WI, to perform deck maintenance work. The 
Bayview bridge navigation span provides a vertical clearance of 42 feet 
above Mean Low Water in the closed to navigation position. The waterway 
carries commercial, recreational, and public vessel traffic. The bridge 
is normally required to open on signal for vessels year-round under the 
general provisions of 33 CFR 117.5. In order to perform the necessary 
deck replacement work, Wisconsin DOT requested that the drawbridge open 
on the hour, every three hours, Monday through Friday, between the 
hours of 6 a.m. and 6 p.m. to minimize disruptions to the contractor. 
This schedule was not considered reasonable by the Coast Guard and was 
revised so the bridge would open every hour, on the hour, between 6 
a.m. and 6 p.m., Monday through Friday, for recreational vessels. 
Commercial and public vessels will be requested to provide at least 2-
hours advance notice prior to passing during these work hours, and 
should be passed without delay. The request from Wisconsin DOT also 
included two separate 3-day periods between April 15 and June 15, 2004, 
where the bridge would not be required to open for any vessels for 
concrete pouring and curing. The dates of these closure periods can 
not, and have not, been identified due to the nature of the work, but 
Wisconsin DOT is required to provide those dates to the Coast Guard 10-
14 days in advance of anticipated closure periods. The Coast Guard will 
publish a temporary deviation covering those dates when they have been 
finalized.

Regulatory Evaluation

    This 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 (DHS). The temporary drawbridge schedule still provides for 
the passage of vessels during work hours. The unspecified closure 
periods, which are necessary for some of the repair work, will be 
published as early as possible in the Ninth Coast Guard District Local 
and/or Broadcast Notice to Mariners and prior to the work beginning. 
These conditions and schedules have been approved by known affected 
marine entities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities. Passage through the drawbridge will still be available except 
during the closure periods that have not been scheduled. During the 
closure periods all entities will be equally affected.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. None 
were identified because passage will still be provided for except 
during the required closure periods.

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).

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 rule under 
that Order and have determined that it does not have implications for 
federalism.

[[Page 10159]]

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 rule will not result in such expenditure, we do 
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect 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 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 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.

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.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this 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 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

0
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(g); Department of 
Homeland Security Delegation No. 0170.1; section 117.255 also issued 
under the authority of P. L. 102-587, 106 Stat. 5039.

0
2. From 6 a.m. on April 1 to 6 p.m. on July 1, 2004, add temporary 
Sec.  117.T1102 to read as follows:


Sec.  117.T1102  Sturgeon Bay Ship Canal.

    The draw of the Bayview bridge, mile 0.3 at Sturgeon Bay, shall 
operate as follows:
    (a) Between the hours of 6 a.m. and 6 p.m., Monday through Friday, 
the bridge shall open once an hour, on the hour, for recreational 
vessels. (b) Commercial vessels shall provide at least 2-hours advance 
notice prior to passage. (c) Public vessels shall be passed at all 
times.

    Dated: February 25, 2004.
R. F. Silva,
Rear Admiral, Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 04-4779 Filed 3-3-04; 8:45 am]
BILLING CODE 4910-15-P