[Federal Register: June 5, 2009 (Volume 74, Number 107)]
[Rules and Regulations]
[Page 26952-26954]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn09-6]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2009-0385]
RIN 1625-AA09
Drawbridge Operation Regulation; Sturgeon Bay Ship Canal,
Sturgeon Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily revise the operating
regulations for the Maple-Oregon Bridge at Mile 4.17 over the Sturgeon
Bay Ship Canal in Sturgeon Bay, WI. This action was requested by the
Wisconsin Department of Transportation (Wisconsin DOT) to facilitate
vehicular traffic in downtown Sturgeon Bay during the rehabilitation of
the Michigan Street Bridge at Mile 4.30 over the Sturgeon Bay Ship
Canal. This final rule is expected to reflect the need for bridge
openings for the Maple-Oregon Bridge during the Michigan Street Bridge
rehabilitation and still provide for the reasonable needs of
navigation.
DATES: This temporary final rule is effective from 6 a.m. on June 1,
2009 to 6 p.m. on November 15, 2010.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket USCG-2009-0385 and are available by
going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0385
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. 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
temporary rule, call or e-mail Blair Stanifer, Bridge Management
Specialist, Coast Guard Ninth District; telephone 216-902-6086, e-mail:
William.B.Stanifer@uscg.mil. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the request to revise the operating
schedule for this temporary final rule included extensive preliminary
coordination with known affected marine entities, Wisconsin DOT, and
the City of Sturgeon Bay, WI, and resulted in a temporary drawbridge
schedule that would not significantly impact either vehicular traffic
or known navigation.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. As noted above the Coast Guard has
conducted extensive preliminary coordination with known affected marine
entities, the Wisconsin DOT and the City of Sturgeon Bay, WI and
determined that the impact on navigation will be minimal as the bridge
will continue to open on demand for commercial vessels and public
vessels and on the hour for recreational vessels from March 15 through
December 31, and from January 1 through March 14, for any vessel
provided at least notice is given at least 12 hours advance. This is
the same schedule under which the Michigan Street Bridge currently
operates under 33 CFR 117.1101. During renovation the Michigan Street
Bridge will remain in the open position and vehicular traffic is
expected to use the Maple-Oregon Bridge as an alternate route. Repeated
openings would likely cause significant congestion on the vehicular
approaches to the bridge. Hourly openings will allow vehicular traffic
to plan accordingly and will minimally affect recreational vessels.
Background and Purpose
Wisconsin DOT requested a temporary change to the operating
schedule of the Maple-Oregon Bridge at Mile 4.17 over the Sturgeon Bay
Ship Canal to facilitate the rehabilitation of the Michigan Street
Bridge. The Maple-Oregon Double-Leaf Bascule Bridge navigation span
provides for a design clearance of 25 feet above Mean Low
[[Page 26953]]
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
rehabilitation to the Michigan Street Bridge with a minimum of
disruptions, Wisconsin DOT has requested that the Maple-Oregon Bridge
be required to open for recreational vessels only on the hour, 24 hours
a day, seven days a week, between March 15 and December 31. The Maple-
Oregon Bridge will continue to open on demand for commercial and public
vessels during this period. Between January 1 and March 14, the Maple-
Oregon Bridge will open if notice is provided at least 12 hours in
advance of a vessel's time of intended passage. As the Michigan Street
Bridge currently operates under this schedule as outlined in 33 CFR
117.1101, Wisconsin DOT feels that operating the Maple-Oregon Bridge
with this schedule will maintain the expectations of the waterway users
and vehicular traffic while the Michigan Street Bridge is rehabilitated
in the open to navigation position. The request from Wisconsin DOT also
included undefined periods of time where the Maple-Oregon Bridge would
not be required to open for any vessel as work being performed on the
Michigan Street Bridge would necessitate the occasional, short-term
closing of the waterway. 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
issue Broadcast and Local Notices to Mariners covering those dates when
they have been finalized.
Regulatory Analyses
We developed this 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 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. This rule is not ``significant'' under
the regulatory policies and procedures of the Department of Homeland
Security. The temporary drawbridge schedule still provides for the
passing of vessels throughout the entire proposed work period. The
unspecified closure periods, which are necessary for a limited amount
of rehabilitation work being performed on the Michigan Street Bridge,
will be published as early as possible in the Ninth Coast Guard
District Local and/or Broadcast Notice to Mariners prior to the work
beginning.
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 rule will affect the following entities, some of which
may be small entities: the owners or operators of recreational vessels
intending to transit the bridge from 6 a.m. on June 1, 2009 to 6 p.m.
on November 15, 2010, and marine facilities that provide services for
recreational vessels. However, this action will not have a significant
economic impact on a substantial number of small entities for the
following reasons. The Maple-Oregon Bridge was designed to pass a
substantial amount of waterway users without the need for an opening.
Vessels that can safely transit under the bridge may do so at any time.
The remaining vessels will still be granted openings once an hour on
the hour, twenty-four hours a day. Before the effective period, we will
issue maritime advisories widely available to users of the river.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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 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.
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 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.
[[Page 26954]]
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 Department of Homeland Security
Management Directive 0023.1 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.
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; Department of Homeland
Security Delegation No. 0170.1.
0
2. From 6 a.m. on June 1, 2009 to 6 p.m. on November 15, 2010,
temporarily add paragraph (c) to Sec. 117.1101 to read as follows:
Sec. 117.1101 Sturgeon Bay.
* * * * *
(c) The draw of the Maple-Oregon Bridge at Mile 4.17 at Sturgeon
Bay, shall operate as follows:
(1) From June 1 through December 31, 2009, and from March 15
through November 15, 2010 the draw need open for recreational vessels
only on the hour, 24 hours a day.
(2) Commercial and Public vessels shall be passed at all times.
(3) From January 1 through March 14, 2010, the draw shall open on
signal for all vessels if notice is given at least 12 hours in advance
of a vessel's intended time of passage.
Dated: May 18, 2009.
D.R. Callahan,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
Acting.
[FR Doc. E9-13103 Filed 6-4-09; 8:45 am]
BILLING CODE 4910-15-P