[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Proposed Rules]
[Pages 21890-21893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8813]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1109]
RIN 1625-AA09


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

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a drawbridge operating 
schedule for the Maple-Oregon and Michigan Street Bridges across the 
Sturgeon Bay Ship Canal, at miles 4.17 and 4.3, in Sturgeon Bay, 
Wisconsin. The establishment of this schedule is necessary due to the 
construction of the Maple-Oregon Street Bridge and the completed 
rehabilitation of the Michigan Street Bridge. The proposed regulation 
also confirms the winter drawbridge schedules for all three drawbridges 
over Sturgeon Bay Ship Canal, including the two bridges above and the 
Bayview Bridge at mile 3.0.

DATES: Comments and related material must reach the Coast Guard on or 
before: May 14, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1109 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.

[[Page 21891]]

    (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 email Mr. Lee Soule, Bridge Management Specialist, Ninth 
Coast Guard District; telephone (216) 902-6085, email 
[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 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-2011-1109), 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 email 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 ``Document Type'' drop down menu select 
``Proposed Rules'' and insert ``USCG-2011-1109'' in the ``Keyword'' 
box. Click ``Search'' 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[frac12] 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-2011-1109'' 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 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 proposed rule establishes drawbridge schedules following the 
construction of the new Maple-Oregon Street Bridge and the extensive 
rehabilitation of the existing Michigan Street Bridge. The proposed 
rule is expected to provide for the safe and efficient passage of 
vessels requiring drawbridge openings, as well as the efficient 
movement of vehicular traffic in Sturgeon Bay.
    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. Bayview Bridge 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 was published on October 24, 2005 in the Federal 
Register (70 FR 61380) to allow for one opening per hour at the 
Michigan Street Bridge for recreational vessels while the Maple-Oregon 
Bridge was constructed and the Michigan Street Bridge was 
rehabilitated. The final rule also included a requirement to open at 
any time if 20 or more vessels gathered waiting for bridge openings. A 
temporary final rule was published on June 5, 2009 in the Federal 
Register (74 FR 26954), effective from June 1, 2009 to November 15, 
2010 that essentially shifted the 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. 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 create 
an unsafe condition for vessel traffic that may be between the two 
closely located drawbridges while waiting for bridge openings. The 
Coast Guard issued a notice of temporary deviation from regulations 
that was published on May 17, 2011 in the Federal Register (76 FR 
28309) with request for comments to implement a test drawbridge 
schedule for Michigan Street and Maple-Oregon Street Bridges between 
May 27, 2011 and September 16, 2011. The test schedule required the 
Michigan Street Bridge to open for

[[Page 21892]]

recreational vessels twice an hour, on the hour and half-hour, 24-hours 
a day, 7 days a week, and required the Maple-Oregon Bridge to open for 
recreational vessels twice an hour, on the quarter hour and three-
quarter hour, during the same times. The test schedule also included a 
change to the requirement that the bridge open if 20 or more vessels 
gathered at the bridge waiting for a scheduled opening. Local opinion 
was that an opening if at least 10 vessels were gathered would be a 
safer maximum number of vessels.
    The Coast Guard coordinated with all local stakeholders before, 
during, and after the test drawbridge schedule and did not receive any 
adverse comments to the test schedule.

Discussion of Proposed Rule

    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. This proposed 
rule provides at least two bridge openings per hour for both Michigan 
Street and Maple-Oregon Street bridges, compared to the one bridge 
opening per hour that was in place during the construction and 
rehabilitation of the two highway bridges. It also retains the test 
schedule requirement to open the bridge if at least 10 vessels have 
accumulated at either bridge waiting for an opening. The proposed rule 
also establishes the winter operating date for Maple-Oregon Bridge 
(January 1 through March 14) and rearranges the order of the three 
drawbridges to be presented geographically in the regulatory language. 
The proposed rule was developed with all known stakeholders to provide 
for the safe and efficient movement of both vessel and vehicular 
traffic, including keeping the bridge openings on a scheduled basis to 
reduce potential vehicular traffic congestion in Sturgeon Bay. The 
Coast Guard did not receive any adverse comments during the test 
schedule and is therefore proposing to implement the test schedule as a 
permanent schedule for Sturgeon Bay drawbridges.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866. The 
Office of Management and Budget has not reviewed it under that Order. 
This determination is expected to improve traffic congestion and safety 
in the vicinity of the drawbridge and does not exclude bridge openings 
for vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities. The proposed rule continues to provide at 
least two drawbridge openings per hour each day for recreational 
vessels during peak hours compared to one opening per hour under the 
current regulation. Additionally, all vessels that do not require 
bridge openings may transit the drawbridges at any time. All known 
small entities were consulted and included in the development of the 
test drawbridge schedule in 2011, and have not provided any adverse 
comments.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Mr. Lee D. Soule, Bridge 
Management Specialist, U.S. Coast Guard, telephone 216-902-6085, email 
[email protected], or fax 216-902-6088. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call 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 proposed 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 (adjusted for 
inflation) or more in any one year. Though this proposed 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 proposed rule would not cause 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 proposed 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 proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically

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significant rule and would not create an environmental risk to health 
or risk to safety that might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01, and 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 made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment because it simply 
promulgates the operating regulations or procedures for drawbridges. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to revise 33 CFR part 117 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; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

    2. Revise Sec.  117.1101 to read as follows:


Sec.  117.1101  Sturgeon Bay.

    (a) The Bayview (SR 42/57) Bridge, mile 3.0 at Sturgeon Bay, shall 
open on signal, except from December 1 through March 14, the draw shall 
open on signal if notice is given at least 12 hours in advance of 
intended passage.
    (b) The draw of the Maple-Oregon Bridge, mile 4.17 at Sturgeon Bay, 
shall open on signal, except as follows:
    (1) From March 15 through December 31, need open on signal for 
recreational vessels only on the quarter hour and three-quarter hour, 
24 hours a day, if needed. However, if more than 10 vessels have 
accumulated at the bridge, or vessels are seeking shelter from severe 
weather, the bridge shall open on signal. This drawbridge, along with 
the Michigan Street drawbridge, shall open simultaneously for larger 
commercial vessels, as needed.
    (2) From January 1 through March 14, the draw shall open on signal 
if notice is given at least 12 hours in advance of intended passage.
    (c) The draw of the Michigan Street Bridge, mile 4.3 at Sturgeon 
Bay, shall open on signal, except as follows:
    (1) From March 15 through December 31, need open on signal for 
recreational vessels only on the hour and half-hour, 24 hours a day, if 
needed. However if more than 10 vessels have accumulated at the bridge, 
or vessels are seeking shelter from severe weather, the bridge shall 
open on signal. This drawbridge, along with the Maple-Oregon Street 
drawbridge, shall open simultaneously for larger commercial vessels, as 
needed.
    (2) From January 1 through March 14, the draw shall open on signal 
if notice is given at least 12 hours in advance of intended passage.

    Dated: March 11, 2012.
M.N. Parks,
Rear Admiral, U. S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2012-8813 Filed 4-11-12; 8:45 am]
BILLING CODE 9110-04-P