
[Federal Register Volume 82, Number 33 (Tuesday, February 21, 2017)]
[Rules and Regulations]
[Pages 11148-11151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03346]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0050]
RIN 1625-AA09


Drawbridge Operation Regulation; Sturgeon Bay, Sturgeon Bay, WI

AGENCY: Coast Guard, DHS.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying the operating regulation that 
governs the Bayview (State Route 42/57) Bridge, Mile 3.0, Maple-Oregon 
Bridge, Mile 4.17, and Michigan Street Bridge, Mile 4.3, all over 
Sturgeon Bay Ship Canal in Sturgeon Bay, WI, to allow testing of the 
remote operation equipment for all three drawbridges. The operating 
schedules are not changing. The three drawbridges will be remotely 
operated by a single tender throughout the 2017 navigation season with 
request for comments from all stakeholders on the safety and 
effectiveness of the remote operation arrangement.

DATES: This interim rule is effective from March 23, 2017 to midnight 
on March 15, 2018. Comments and related material must reach the Coast 
Guard on or before December 1, 2017.

ADDRESSES: You may submit comments or view documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov, type [USCG-2017-0050] in the ``SEARCH'' box and 
click ``SEARCH.'' Click on Open Docket Folder on the line associated 
with this rulemaking.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section

[[Page 11149]]

below for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this interim 
rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth 
Coast Guard District; telephone 216-902-6085, or Lee.D.Soule@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
WI-DOT Wisconsin Department of Transportation

II. Background Information and Regulatory History

    The Coast Guard is issuing this interim 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), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the operating schedules and methods 
to signal for openings of the three drawbridges across Sturgeon Bay 
Ship Canal under this regulation are not changing, and WI-DOT has been 
testing the remote operation equipment the past two navigation seasons 
without any reported negative impact to safety or navigation. Also, 
stakeholders and the general public will have the opportunity, and are 
encouraged, to submit comments throughout most of the interim rule 
period.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this interim rule under the authority of 
33 U.S.C. 499. The operating schedules for the three drawbridges that 
cross Sturgeon Bay Ship Canal in Sturgeon Bay, WI are found under the 
existing regulation, 33 CFR 117.1101; Surgeon Bay. All three 
drawbridges are bascule-type bridges with unlimited vertical clearance 
in the open position. In the closed position, the three drawbridges 
provide the following clearances: Bayview Bridge 42-feet, Maple-Oregon 
Bridge 25-feet, and Michigan Street Bridge 14-feet. Under the current 
regulations, from March 15 thru November 30, the Bayview Bridge opens 
on signal for vessels 24 hours per day, 7 days per week. Between 
December 1 and March 14 the Bayview Bridge will open for vessels if at 
least 12-hours advance notice is provided. Between March 15 and 
December 31, the Maple-Oregon Bridge will open for recreational vessels 
on the quarter-hour and three-quarter hour, 24 hours per day, 7 days 
per week. Between March 15 and December 31 the Michigan Street Bridge 
will open for vessels on the hour and half-hour, 24 hours per day, 7 
days per week. Between January 1 and March 14 both the Maple-Oregon and 
the Michigan Street Bridges will open for vessels if at least 12-hours 
advance notice is provided. All three drawbridges open at any time for 
commercial vessels. Due to the close proximity of the Maple-Oregon and 
the Michigan Street Bridges, both are required to open simultaneously 
if requested by a commercial vessel and both shall open on signal at 
any time if at least 10 vessels have accumulated at either bridge 
waiting for an opening or vessels are seeking shelter from severe 
weather.
    WI-DOT, owner of all three drawbridges, has requested the Coast 
Guard authorize permanent remote operation of Bayview Bridge and 
Michigan Street Bridge, with operation from a single tender stationed 
at the middle bridge, Maple-Oregon Bridge, under the provisions of 33 
CFR 117.42. This interim rule is intended to allow remote operation 
arrangement throughout the 2017 navigation season under testing 
conditions to fully evaluate any impacts at the conclusion of the test 
period. Authorizing temporary remote operation of the Sturgeon Bay 
drawbridges provides a good opportunity to evaluate the use of current 
technology to monitor and operate remote drawbridges. This is 
particularly true given the conditions on this waterway and the 
demonstrated record over time by the bridge owner, WI-DOT, to 
efficiently manage and operate their drawbridges within the Ninth Coast 
Guard District.
    The Sturgeon Bay Ship Canal carries large (freighter) and smaller 
(tug/barge) commercial vessels, recreational vessels (including sailing 
vessels), vessels seeking emergency yard services, transient vessels, 
and vessels seeking shelter from severe weather. There are numerous 
commercial, recreational, and transient facilities along Sturgeon Bay 
Ship Canal, including a shipyard capable of servicing freighter size 
commercial vessels. Vessels may enter or exit the Ship Canal through 
east or west entrances, with some traffic passing through the entire 
waterway and requiring openings of all three drawbridges, and some 
traffic reaching facilities without requiring any drawbridge openings 
by entering the waterway from either the Lake Michigan or Green Bay 
sides.
    Based on data provided by WI-DOT for the 2014 and 2015 navigation 
seasons, the following charts show the number of commercial and 
recreational vessel traffic openings for each bridge:
    Bayview Bridge:

----------------------------------------------------------------------------------------------------------------
                                                                    Commercial     Recreational
                              Year                                    vessels         vessels     Total openings
----------------------------------------------------------------------------------------------------------------
2014............................................................             179             466             579
2015............................................................             171             476             570
----------------------------------------------------------------------------------------------------------------

    Maple-Oregon Bridge:

----------------------------------------------------------------------------------------------------------------
                                                                    Commercial     Recreational
                              Year                                    vessels         vessels     Total openings
----------------------------------------------------------------------------------------------------------------
2014............................................................             470            1335            1351
2015............................................................             463            1449            1442
----------------------------------------------------------------------------------------------------------------


[[Page 11150]]

    Michigan Street Bridge:

----------------------------------------------------------------------------------------------------------------
                                                                    Commercial     Recreational
                              Year                                    vessels         vessels     Total openings
----------------------------------------------------------------------------------------------------------------
2014............................................................            1766            2897            2764
2015............................................................            2057            3922            3239
----------------------------------------------------------------------------------------------------------------

    WI-DOT will gather additional throughout the 2017 navigation season 
and during this interim rule. WI-DOT will also collect additional data 
to evaluate the remote operation arrangement, including vehicular and 
pedestrian traffic totals. The operating schedules for all three 
drawbridges will not be changed.

IV. Discussion of the Rule

    WI-DOT completed installation of remote operation equipment on all 
three drawbridges in 2014 and operated all three drawbridges via remote 
operation equipment from the middle bridge, Maple-Oregon, during the 
2015 and 2016 navigation seasons. During this period WI-DOT identified 
improvements to equipment, best practices and protocols.
    WI-DOT has proposed permanently operating the Bayview and Michigan 
Street Bridges with a single bridge tender operating remote equipment 
from the Maple-Oregon Bridge, which is located between the Bayview and 
Michigan Street Bridges. In order to fulfill the required methods to 
receive and respond to bridge opening requests from vessels, as 
outlined in Subpart A of 33 CFR 117, WI-DOT will employ the following 
equipment and protocols; separate programmable logic controllers (PLC) 
designed for each bridge on fiber optic connections, digital camera 
coverage (with ability to pan and provide overlap video coverage) of 
all approaches from land and water, thermal imaging during severe 
weather or restricted visibility, two-way audio capability, VHF-FM 
marine radiotelephone, landline telephone, horn, signal lights, back-up 
and redundant systems, exclusive duties of bridge tenders, and signage 
at the bridges advising mariners of communication and signaling 
methods. WI-DOT has developed protocols to suspend the remote operation 
arrangement and provide tenders at each drawbridge during emergencies 
or equipment failures and during busy holidays or weekends (Memorial 
Day, July Fourth, Labor Day). At the conclusion of the comment period 
of this interim rule period WI-DOT will provide a report documenting 
various data and observations, including; frequency of bridge openings, 
vehicular traffic counts, vessel traffic counts (and type), pedestrian 
counts, frequency of equipment failure and temporary suspension of 
remote operation, frequency of restricted visibility, best practices, 
lessons learned, and any other information useful for evaluating the 
remote operation arrangement. The Coast Guard and WI-DOT will evaluate 
the data and all comments provided by stakeholders and the general 
public and determine whether to extend the test period, modify the 
arrangement, or make the remote operation arrangement permanent in 
Sturgeon Bay.
    The existing operating schedules of the drawbridges will not be 
changed during the interim rule period, and are not expected to be 
changed following the period.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the fact no 
changes to operating schedules are implemented with this action. The 
remote drawbridge operation is expected and designed to be transparent 
to vessels with no additional requirements or actions necessary to pass 
any of the three drawbridges.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 Interim Rule imposes no changes or additional 
requirements for any vessel operator or small entity to pass a 
drawbridge compared to current conditions.
    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. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    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.

C. 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).

D. Federalism and Indian Tribal Government

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct

[[Page 11151]]

effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. We have 
analyzed this rule under that Order and have determined that it is 
consistent with the fundamental federalism principles and preemption 
requirements described in Executive Order 13132.
    Also, 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.

E. 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 (adjusted for 
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 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 made a 
determination 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 simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the Commandant 
Instruction.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the For Further 
Information Contact section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in 
our online docket at http://www.regulations.gov and can be viewed by 
following that Web site's instructions. Additionally, if you go to the 
online docket and sign up for email alerts, you will be notified when 
comments are posted or a final rule is published.

List of Subjects in 33 CFR Part 117

    Bridges.

    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. In Sec.  117.1101, add introductory text to read as follows:


Sec.  117.1101   Sturgeon Bay.

    The draws of the Bayview (State Route 42/57) and Michigan Street 
bridges, miles 3.0 and 4.3, respectively, at Sturgeon Bay, are remotely 
operated by the tender at Maple-Oregon bridge, mile 4.17, and shall 
open as follows:
* * * * *

    Dated: February 3, 2017.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2017-03346 Filed 2-17-17; 8:45 am]
 BILLING CODE 9110-04-P


