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 rule with request for comments.

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SUMMARY: The Coast Guard is revising the operating regulations for

Michigan

Street highway bridge, mile 4.3 over Sturgeon Bay Ship Canal in

Sturgeon Bay, WI, to reduce the number of required openings for

recreational vessels. Commercial vessel traffic will not be affected by

this action. The Wisconsin Department of Transportation has requested

this change to minimize stress on the operating machinery at the bridge

until a replacement bridge is constructed.

[[Page 6876]]

DATES: This interim rule is effective on March 17, 1997. Comments must

be received on or before April 15, 1997.

ADDRESSES: Documents concerning this regulation are available for

inspection and copying and comments may be sent to Commander (obr),

1240 E. Ninth Street, Room 2019B, Cleveland, OH 44199-2060 between 6:30

a.m. and 3 p.m., Monday through Friday, except holidays. The telephone

number is (216) 522-3993.

FOR FURTHER INFORMATION CONTACT:

Mr. Scot Striffler, Project Manager, Bridge Branch at (216) 522-3993.

SUPPLEMENTARY INFORMATION:

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 name, address,

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

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

comment. Please submit two copies of all comments and attachments in an

unbound format, no larger than 8\1/2\ by 11 inches, suitable for

copying and electronic filing. Persons wanting acknowledgement of

receipt of comments should enclose a stamped self-addressed post card

or envelope. Persons may submit comments by writing to Commander (obr),

Ninth Coast Guard District, listed under ADDRESSES.

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

public hearing by writing to Mr. Scot Striffler 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.

Regulatory Information

This rule is being published as an interim rule and is being made

effective March 17, 1997. Under the provisions of 5 U.S.C. 553(b), this

rule is being promulgated without issuing a Notice of Proposed

Rulemaking. An interim final rule, effective September 8, 1994, was

issued to reduce the required openings of the bridge for certain

vessels because of stress fractures found in the operating machinery.

The owners have requested further restrictions on opening requirements

to extend the life of the bridge.

Background and Purpose

The Wisconsin Department of Transportation (WDOT) has requested the

Coast Guard revise the operating requirements for the Michigan Street

bridge, mile 4.3 over Sturgeon Bay Ship Canal, for recreational

vessels. This action was requested to limit the number of openings to

reduce stress on the machinery gear that raises and lowers the bridge.

Construction of a replacement bascule bridge is scheduled to commence

in the year 2002. The limited bridge openings are necessary to help

extend the life of the existing span and avoid potential serious

interruptions to commercial and recreational vessel traffic until a

replacement bridge is built. In June of 1994, WDOT requested a

limitation on the hours that the bridge be required to open on signal

for recreational traffic. The Coast Guard issued an interim final rule

that was published on September 8, 1994 in the Federal Register. This

action helped reduce openings without adversely impacting recreational

traffic. No comments were received from the public concerning this

rule. On July 11, 1996, WDOT requested that the bridge be opened only

on the hour, 24 hours a day, 7 days a week, for recreational vessels

between March 15 and December 31. WDOT has stated that, according to

bridge logs, approximately 100 openings could have been eliminated in

1995 if the bridge operated on the schedule requested.

The Coast Guard authorized WDOT a temporary deviation to the

current regulations during the summer of 1996 for a trial period to

test the effectiveness of this change. The Coast Guard did not receive

any comments and WDOT reported no adverse comments or feedback from

recreational craft in the area during the trial period.

The bridge shall continue to 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.

Discussion of Interim Rule

Currently, from March 15 to December 31, the bridge is required to

open on the hour for recreational vessels between 8 a.m. and 6 p.m.

Between 6 p.m. and 10 p.m., the draw need open for recreational vessels

only on the hour and half-hour. The bridge opens on signal from 10 p.m.

to 8 a.m. This rule will require the bridge to open for recreational

vessels only on the hour, 24 hours a day, between March 15 and December

31. There is no change to the requirement for vessels to provide a 12-

hour advance notice for requests to open the draw between January 1 and

March 14.

Regulatory Evaluation

This rule is not a significant regulatory action under section 3(f)

of Executive Order 12866 and does not require an assessment of

potential costs and benefits under section 6(a)(3) of that order. It

has not been reviewed by the Office of Management and Budget under that

order. It is not significant under the regulatory policies and

procedures of the Department of Transportation (DOT) (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 policies and procedures of DOT is unnecessary.

Commercial vessel traffic will not be impacted by this action.

Furthermore, the failure to modify the operating schedule of the bridge

could potentially result in a long-term breakdown that would close the

waterway and seriously impact the economy of the area.

Small Entities

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

Coast Guard must consider the economic impact on small entities of a

rule for which a general notice of proposed rulemaking is required.

``Small entities'' may include (1) small businesses and not-for-profit

organizations that are independently owned and operated and are not

dominant in their fields and (2) governmental jurisdictions with

populations of less than 50,000.

This rule, while limiting openings to every hour for recreational

vessels, will not interfere with commercial use of the waterway.

Therefore, no adverse economic impact is anticipated on a substantial

number of small entities.

If, however, you think that your business or organization qualifies

as a small entity and this rule will have a significant impact on your

business or organization, please submit a comment (see ADDRESSES)

explaining why you think it qualifies and in what way and to what

degree this rule will economically affect it.

Collection of Information

This rule contains no collection-of-information requirements under

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

Federalism

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and

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has determined that this rule does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this rule

and concluded that, under paragraph 2.B.2 of Commandant Instruction

M16475.1B, (as revised by 59 FR 38654, July 29, 1994), this rule is

categorically excluded from further environmental documentation. This

action is not expected to result in any significant cumulative impacts

on the human environment or create substantial controversy or

substantial change to existing environmental conditions. A

``Categorical Exclusion Determination'' is available in the docket for

inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For reasons set out in the preamble, 33 CFR part 117 is amended as

follows:

PART 117--DRAWBRIDGE OPERATION 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(g); section

117.255 also issued under the authority of Pub. L. 102-587, 106

Stat. 5039.

2. Section Sec. 117.1101 (a)(1) is revised to read as follows:

Sec. 117.1101 Sturgeon Bay.

* * * * *

(a) From March 15 through December 31--

(1) 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, the draw shall open as soon as possible.

* * * * *

Dated: February 10, 1997.

G.F. Woolever,

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

[FR Doc. 97-3756 Filed 2-13-97; 8:45 am]

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