[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Rules and Regulations]
[Pages 61380-61381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21146]



[[Page 61380]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD09-05-080]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the operating regulations for the 
Michigan Street and Bayview drawbridges, both in Sturgeon Bay, WI, by 
establishing a permanent winter operating schedule while still 
providing for the reasonable needs of navigation.

DATES: This rule is effective November 23, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket [CGD09-05-080] and are available for inspection or 
copying at Commander (dpw-3), Ninth Coast Guard District, 1240 E. Ninth 
Street, Room 2025, Cleveland, Ohio 44199-2060, between 7 a.m. and 3 
p.m., Monday through Friday, except Federal holidays.

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

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On August 17, 2005, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulations; Sturgeon Bay Ship 
Canal, Sturgeon Bay, WI,'' in the Federal Register (70 FR 48354). We 
received one letter commenting on the proposed rule. The letter was 
from the Lake Carriers Association, representing certain American 
shipping companies on the Great Lakes, which confirmed its position of 
no objection to the proposed rule. No public meeting was requested, and 
none was held.

Background and Purpose

    The U.S. Coast Guard, at the request of the Wisconsin Department of 
Transportation (WI-DOT), is modifying the existing operating schedule 
of the Michigan Street and Bayview Bridges, miles 4.3 and 3.0, 
respectively, over the Sturgeon Bay Ship Canal. The modified regulation 
primarily establishes permanent winter operating schedules for each 
drawbridge in lieu of the annual winter authorization granted by 
Commander, Ninth Coast Guard District, under the authority of 33 CFR 
117.45.
    The Michigan Street Bridge at mile 4.3 over Sturgeon Bay Ship Canal 
is a single-leaf bascule bridge that provides a vertical clearance of 
14 feet in the lowered position. The current operating regulation for 
Michigan Street Bridge requires the drawbridge to open for recreational 
vessels only on the hour, 24 hours a day, between March 15 and December 
31 each year, and as soon as possible if more than 20 vessels have 
accumulated at the bridge. Commercial and public vessels are passed at 
all times. From January 1 through March 14 each year, the bridge opens 
for vessels if 12-hours advance notice is provided.
    This final rule makes that operating schedule permanent for 
Michigan Street Bridge.
    There is no current specific drawbridge regulation for the Bayview 
(State Route 42/57) Bridge, mile 3.0 over Sturgeon Bay Ship Canal. The 
Bayview Bridge is a twin-leaf bascule drawbridge that provides a 
vertical clearance of 42 feet when in the lowered position. The 
drawbridge is currently required to open on signal at all times all 
year long. The Coast Guard has granted a seasonal yearly winter 
operating schedule under the provisions of 33 CFR 117.45 from January 1 
to March 14 since approximately 1992. W-DOT requested that the Coast 
Guard implement a permanent winter operating schedule for this 
drawbridge. W-DOT requested that the Bayview Bridge open for vessels 
when 12-hours advance notice is provided between December 1 and March 
14 each year. The Coast Guard requested copies of bridge opening logs 
from W-DOT for the Bayview Bridge. The bridge logs revealed that very 
few openings of the Bayview Bridge had been requested in the month of 
December during the past three years. The Coast Guard determined that 
the small number of requested openings at Bayview bridge during the 
month of December in the three previous years signifies that the 
request to require 12-hour advance notice between December 1 and March 
14 each year would be reasonable. This final rule makes the winter 
operating schedule permanent.

Discussion of Comments and Changes

    One letter was received in response to the NPRM. The letter, from 
Lake Carriers Association, confirmed the organizations previous 
statement of no objection to the proposed schedule. No changes to the 
proposed regulation were made.

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 Coast Guard expects minimal public impact from this rule. The 
operating hours for recreational vessels do not effectively change 
since the substantive changes occur during winter months when 
recreational vessel activity has ceased. Commercial vessels have been 
required to provide 12-hours advance notice prior to passing 
drawbridges since approximately 1992 with no reported problems.

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.
    This conclusion is based on the fact that the drawbridge schedule 
for small entities remains the same. Only the winter drawbridge 
schedule has been modified. All vessels may continue to pass the 
drawbridge once the advance notice is provided during winter months.

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 so that they could better evaluate 
its effects on them and participate in the rulemaking process.
    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

[[Page 61381]]

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).

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.

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 an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not affect 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. 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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

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. This rule involves modifying or 
establishing drawbridge operation regulations to reflect standard 
practices for drawbridge operating schedules during winter months on 
the Great Lakes, and will not have any impact on the environment.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out in the preamble, the Coast Guard amends part 
117 of title 33, Code of Federal Regulations 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; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Revise Sec.  117.1101 to read as follows:


Sec.  117.1101  Sturgeon Bay.

    (a) The draw of the Michigan Street Bridge, mile 4.3 at Sturgeon 
Bay, shall open as follows:
    (1) From March 15 through December 31, 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, or vessels are 
seeking shelter from severe weather, the bridge shall open on signal.
    (2) 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.
    (b) The draw of the Bayview (SR 42/57) Bridge, mile 3.0 at Sturgeon 
Bay, shall open as follows:
    (1) From March 15 through November 30, the draw shall open on 
signal.
    (2) From December 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.

    Dated: October 6, 2005.
R.J. Papp, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 05-21146 Filed 10-21-05; 8:45 am]
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