Drawbridge Operation Regulations; Sturgeon Bay, WI

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09-94-029]

RIN-2115-AE47

Drawbridge Operation Regulations; Sturgeon Bay, WI

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule with request for comments.

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SUMMARY: At the request of the Wisconsin Department of Transportation,

the Coast Guard is changing the operating regulations governing the

Michigan Street highway bridge at mile 4.3 across the Sturgeon Bay in

Sturgeon Bay, Wisconsin, by reducing the number of bridge openings for

recreational vessels.

This action will reduce the number of bridge openings while still

providing for the reasonable needs of navigation.

DATES: This rule is effective September 8, 1994. Comments must be

submitted on or before November 7, 1994.

ADDRESSES: Comments may be mailed to Commander (obr), Ninth Coast Guard

District, 1240 East Ninth Street, Cleveland, Ohio 44199-2060, or may be

delivered to room 2083D at the above address between 6:30 a.m. and 3

p.m., Monday through Friday, except Federal holidays. The telephone

number is (216) 522-3993.

The Commander, Ninth Coast Guard District maintains the public

docket for this rulemaking. Comments will become part of the docket and

will be available for inspection and copying at the above address.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert W. Bloom, Jr., Chief, Bridge Branch at (216) 522-3993.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in drafting this document are Mr.

Fred H. Mieser, Project Manager, and Lieutenant Karen E. Lloyd, Project

Counsel, Ninth Coast Guard District.

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking (CGD09-94-029) and the specific section of

this rule to which each comment applies, and give a reason for each

comment. Persons wanting acknowledgment of receipt of comments should

enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period.

The Coast Guard plans no public hearing. Persons may request a

public hearing by writing to Mr. Robert W. Bloom, Jr. at the address

under ADDRESSES. The request should include reasons why a hearing would

be beneficial. If it determines that the opportunity for oral

presentations will aid this rulemaking, the Coast Guard will hold a

public hearing at a time and place announced by a later notice in the

Federal Register.

Discussion of Interim Rule

Presently, the Michigan Street bridge opens on signal for the

passage of vessels from March 15 through May 14, September 15 through

December 31, and between the hours of 6 p.m. and 6:30 a.m. from May 15

through September 15. Between the hours of 6:30 a.m. and 6 p.m., from

May 15 through September 15, the draw need open only on the hour and

half-hour. However, public vessels of the United States and commercial

vessels are passed through the draw without delay during the scheduled

opening periods. From 1 January through 14 March, the draw need not

open unless notice is given to the owner at least 12 hours in advance

of a vessel's time of intended passage through the draw.

This interim final rule reduces the number of openings for

recreational vessels from March 15 through December 31. From 8 a.m. to

6 p.m., seven days a week, the owner of the bridge shall be required to

open the bridge for recreational vessels only on the hour. However, the

bridge will open as soon as possible when 20 or more vessels have

accumulated. From 6 p.m. to 10 p.m., the draw need open only on the

hour and half-hour for recreational vessels. From 10 p.m. to 8 a.m. the

draw shall open on signal. At all times, the bridge shall open on

signal for the passage of public vessels of the United States, state or

local vessels used for public safety, commercial vessels, vessels in

distress, and vessels seeking shelter from severe weather.

The Wisconsin Department of Transportation requested that openings

for recreational vessels be reduced because of severe stress cracks

developing in. Wisconsin engineers attribute the cracks to fatigue

amplified by more than 3,000 openings during the navigation season.

Although the cracks will be repaired, the engineers are concerned that

opening the bridge with the frequency currently required will cause

more severe cracks thereby causing the bridge to become permanently

disabled in the closed position.

The Coast Guard reviewed bridgetender logs of bridge openings and

data concerning the cracks to the rolling girder, and has determined

that this final rule is necessary. Further, the Coast Guard has

determined that the rule will accommodate the reasonable needs of both

recreational and commercial vessels.

Regulatory Evaluation

This rule is not major under Executive Order 12886 and not

significant under the regulatory policies and procedures of the

Department of Transportation Regulatory Policies and Procedures (44 FR

11040; February 26, 1979). The Coast Guard expects the economic impact

of this rule to be so minimal that a full Regulatory Evaluation under

paragraph 10e of the regulatory evaluation is unnecessary. This rule is

not expected to have any substantial effect on commercial navigation or

on any businesses that depend on waterborne transportation for

successful operation.

This schedule change was requested by the State of Wisconsin on

short notice after stress cracks were detected in the rolling girder of

the bridge. Failure to change the bridge operating schedule could cause

more severe cracking, resulting in public endangerment should an

accident occur. Additionally, if bridge use continues in accordance

with the current schedule, the bridge could become permanently disabled

in the closed position, thereby affecting the navigability of this

waterway. Therefore, under 5 U.S.C. 553, the Coast Guard certifies that

good cause exists to issue this rule without providing prior notice and

opportunity to comment, and for this rule to be effective upon

publication.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the

Coast Guard must consider whether proposed rules, if adopted, will have

a significant economic impact on a substantial number of small

entities. ``Small entities'' include independently owned and operated

small businesses that are not dominant in their field and otherwise

qualify as ``small business concerns'' under section 3 of the Small

Business Act (15 U.S.C. 632).

This Interim final rule allows the owner of the Michigan Street

highway bridge to reduce the number of openings without interfering

with commercial use of the waterway. Therefore, the Coast Guard

certifies under 5 U.S.C. 605(b) that this rule will not have a

significant impact on a substantial number of small entities.

Collection of Information

This rule contains no collection of information requirements under

the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the interim rule does not raise sufficient federalism implications

to warrant preparation of a Federalism Assessment. The authority to

regulate the operating schedules of drawbridges is conferred upon the

Coast Guard by statute. Therefore, the Coast Guard does not expect any

preemption with respect to state actions on the same subject matter.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under section 2.B.2.g(5) of Commandant

Instruction M16475.1B, promulgation of operating requirements or

procedures for drawbridges is categorically excluded from further

environmental documentation.

List of Subjects in 33 CFR Part 117

Bridges.

For reasons set out in the preamble, the Coast Guard is amending 33

CFR Part 117 as follows:

PART 117--DRAWBRIDGE OPERATING REGULATIONS

1. The authority citation for Part 117 continues to read as

follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g).

2. Sec. 117.1101 is revised to read as follows:

Sec. 117.1101 Sturgeon Bay.

The draw of the Michigan Street highway bridge, mile 4.3 at

Sturgeon Bay, shall open as follows:

(a) From March 15 through December 31--

(1) Between the hours of 8 a.m. and 6 p.m., the draw need open for

recreational vessels only on the hour. However, if more than 20 vessels

have accumulated at the bridge, the draw shall open as soon as

possible.

(2) Between the hours of 6 p.m. and 10 p.m., the draw need open for

recreational vessels only on the hour and half-hour.

(3) Between the hours of 10 p.m. and 8 a.m., the draw shall open on

signal.

(b) The draw shall open on signal for commercial vessels.

Additionally, the draw shall open on signal for all vessels seeking

shelter from severe weather.

(c) 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 through the draw.

Dated: August 19, 1994.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.

[FR Doc. 94-22164 Filed 9-7-94; 8:45 am]

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