[Federal Register: March 4, 2004 (Volume 69, Number 43)]
[Rules and Regulations]
[Page 10158-10159]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr04-5]
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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.
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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]
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