61380 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

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. 

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 

Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 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 

■ 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 

■ 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. 

■ 2. Revise § 117.1101 to read as 

follows: 

§ 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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