[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Rules and Regulations]
[Pages 44140-44142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18405]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the 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. This final rule also confirms the winter 
drawbridge schedules for all three drawbridges over Sturgeon Bay Ship 
Canal, including the two previously mentioned bridges as well as the 
Bayview Bridge at mile 3.0.

DATES: This rule is effective August 27, 2012.

ADDRESSES: Comments and related materials received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, are part of docket USCG-2011-1109 and are available online by 
going to http://www.regulations.gov, inserting USCG-2011-1109 in the 
``Keyword'' box, and then clicking ``Search.'' This material is also 
available for inspection or copying at the 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, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Lee D. Soule, Bridge Management Specialist, U.S. 
Coast Guard, telephone 216-902-6085, email [email protected], or fax 
216-902-6088. If you have questions on viewing the docket, call Renee 
V. Wright, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

 A. Regulatory History and Information

    On April 12, 2012, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Sturgeon Bay Ship 
Canal, Sturgeon Bay, WI, in the Federal Register (77 FR 21890). We did 
not receive any comments on the proposed rule. No public meeting was 
requested, and none was held.

B. Basis and Purpose

    This rule establishes drawbridge schedules following the 
construction of the new Maple-Oregon Street Bridge and the extensive 
rehabilitation of the existing Michigan Street Bridge. This final 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 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 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 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

[[Page 44141]]

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 too 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 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 current regulation that 
required the bridge to 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.
    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 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 requirement during the 
test schedule to open if at least 10 vessels have accumulated at either 
bridge waiting for an opening. This 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.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a 30-day comment period in conjunction 
with the NPRM and no comments were received. The regulatory text 
published in the NPRM has not changed in this final rule.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This 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 Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under that Order. This rule is expected to improve 
traffic congestion and safety in the vicinity of the drawbridge and 
does not exclude bridge openings for vessel traffic.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The Coast Guard did 
not receive any comments from the Small Business Administration on this 
rule. 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.

3. 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. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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 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). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INTFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

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

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have

[[Page 44142]]

taking implications under Executive Order 12630, Governmental Actions 
and Interference with Constitutionally Protected Property Rights.

9. 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.

10. 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 does not create an 
environmental risk to health or risk to safety that might 
disproportionately affect children.

11. 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.

12. 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.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this 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 concluded 
that this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded, under figure 2-1, 
paragraph (32)(e), of the Instruction. Under figure 2-1, paragraph 
(32)(e) of the Instruction an environmental analysis checklist and a 
categorical exclusion determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    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; Department of Homeland 
Security Delegation No. 0170.1.


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


Sec.  117.1101  Sturgeon Bay.

    (a) The Bayview (State Route 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: July 18, 2012.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2012-18405 Filed 7-26-12; 8:45 am]
BILLING CODE 9110-04-P