[Federal Register: October 24, 2005 (Volume 70, Number 204)]
[Rules and Regulations]
[Page 61380-61381]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24oc05-8]
[[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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