[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Rules and Regulations]
[Pages 28309-28311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12011]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0316]


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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SUMMARY: Commander, Ninth Coast Guard District, has issued a temporary 
deviation from the regulation governing the operation of the Michigan 
Street and Maple-Oregon Street Bridges across the Sturgeon Bay Ship 
Canal, at miles 4.3 and 4.17, respectively, both in Sturgeon Bay, 
Wisconsin. This deviation will test a change to the drawbridge 
operation schedules during the peak tourist and navigation seasons to 
provide for the efficient movement of vehicular traffic and the safety 
of navigation on the waterway. This deviation will allow scheduled 
openings for recreational vessels and openings on signal for commercial 
vessels.

DATES: This deviation is effective from noon on May 27, 2011 through 
noon on September 16, 2011. Comments and related material must be 
received by the Coast Guard by September 16, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0316 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or e-mail Mr. Lee D. Soule, Bridge Management Specialist; 
telephone 216-902-6085, facsimile 216-902-6088, or e-mail 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All

[[Page 28310]]

comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have 
provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0316), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an e-mail address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Keyword'' box insert ``USCG-2011-0316,'' 
click ``Search,'' and then click on the balloon shape in the 
``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. We will 
consider all comments and material received during the comment period 
and may change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
click on the ``read comments'' box, which will then become highlighted 
in blue. In the ``Keyword'' box insert ``USCG-2011-0316'' and click 
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column. 
You may also visit the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. We have an 
agreement with the Department of Transportation to use the Docket 
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before September 1, 2011 by using one of the four 
methods specified under ADDRESSES. Please explain why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Basis and Purpose

    The Sturgeon Bay Ship Canal is approximately 8.6 miles long and 
provides a navigable connection between Lake Michigan and Green Bay. 
The area experiences a significant increase in vehicular and vessel 
traffic during the peak tourist and navigation season, between 
approximately Memorial Day and Labor Day each year.
    There are a total of three highway drawbridges across the waterway. 
The Michigan Street Bridge provides unlimited vertical clearance in the 
open position and 14 feet in the closed position. Maple-Oregon Bridge 
provides unlimited vertical clearance in the open position and 25 feet 
in the closed position. Bay View Bridge also provides unlimited 
vertical clearance in the open position and 42 feet in the closed 
position. Both Michigan Street and Maple-Oregon Bridges serve the 
downtown Sturgeon Bay area and are located approximately 750-feet apart 
on the canal.
    A final rule, CGD9-05-080, was published in the October 24, 2005 
edition of the Federal Register (70 FR 61380) to allow:
    (1) The draw of the Michigan Street Bridge to open for recreational 
vessels on the hour 24 hours a day from March 15 through December 31 
and on signal if at least 12 hours notice is given from January 1 
through March 14 The final rule also included a requirement to open at 
any time if 20 or more vessels gathered or vessels are seeking shelter 
from severe weather; and
    (2) The draw of the Bayview (SR42/57) Bridge, mile 3.3 Sturgeon Bay 
to open on signal from March 15 through November 30; and on signal if 
at least 12 hours notice is given from December 31 through March 14.
    A temporary final rule, USCG-2009-0385, was published in the June 
5, 2009 edition of the Federal Register (74 FR 26954), effective from 
June 5, 2009 to November 15, 2010 that essentially shifted the March 15 
through December 31 one bridge opening per hour at Michigan Street 
Bridge to the Maple-Oregon Bridge while the rehabilitation of Michigan 
Street was completed and the bridge was kept in the open-to-navigation 
position.
    Both drawbridges are now operational for vehicular and vessel 
traffic and the one opening per hour schedule for Michigan Street 
Bridge is reinstated while Maple-Oregon Bridge opens at any time for 
vessels. With both Michigan Street and Maple-Oregon Bridges operational 
the one opening per hour schedule for Michigan Street is considered 
restrictive for vessels, and could potentially create an unsafe 
condition for vessel traffic that may be between the two closely 
located drawbridges while waiting for bridge openings. The Wisconsin 
Department of Transportation (WDOT) requested scheduled drawbridge 
openings for both Michigan Street and Maple-Oregon Bridges so vehicular 
traffic congestion would not develop on downtown Sturgeon Bay streets 
due to unscheduled bridge openings. Commander, Ninth Coast Guard 
District, evaluated that request, as well as the need to provide 
efficient and safe bridge openings for vessels, and along with WDOT and 
local stakeholders developed this temporary test drawbridge schedule 
for the 2011 peak tourist and navigation season. Throughout the 
temporary drawbridge schedule WDOT will post signs at both drawbridges 
and collect vehicular traffic and bridge opening data. Public comments 
will also be accepted throughout the test period.

Temporary Drawbridge Schedule

    From noon on May 27, 2011 through noon on September 16, 2011, 24-
hours per day and 7-days per week, the Michigan Street Bridge at mile 
4.3 over the Sturgeon Bay Ship Canal will open on the hour and half-
hour for recreational vessels, if needed. The Maple-Oregon Bridge at 
mile 4.17 will open fifteen-minutes before the hour and fifteen minutes 
after the hour for recreational vessels, if needed. Both

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bridges will open on signal for all commercial vessels, federal, state, 
and local government vessels used for public safety, vessels in 
distress, or seeking shelter from severe weather. If at any time more 
than 10 vessels accumulate at either bridge the bridge will open and 
allow all vessel traffic to clear the bridge. Vessels that may pass 
under the bridges without an opening may do so at anytime. In 
accordance with 33 CFR 117.35(e), the drawbridges must return to their 
regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: April 22, 2011.
Scot M. Striffler,
Bridge Program Manager, Ninth Coast Guard District.
[FR Doc. 2011-12011 Filed 5-16-11; 8:45 am]
BILLING CODE 9110-04-P