[Federal Register Volume 83, Number 42 (Friday, March 2, 2018)]
[Rules and Regulations]
[Pages 8933-8936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04299]


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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: Final rule.

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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 the 
Sturgeon Bay Ship Canal in Sturgeon Bay, WI, by authorizing remote 
operation for all three drawbridges. The operating

[[Page 8934]]

schedules are not changing. The three drawbridges will be permanently 
remotely operated by a single tender.

DATES: This rule is effective April 2, 2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov. Type USCG-
2017-1047 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code
WI-DOT Wisconsin Department of Transportation

II. Background Information and Regulatory History

    On February 21, 2017, we published an interim rule with request for 
comments entitled Drawbridge Operation Regulation; Sturgeon Bay, 
Sturgeon Bay, WI in the Federal Register (82 FR 11148). The comment 
period lasted between March 23 and December 1, 2017. We received three 
comments. A WI-DOT stakeholder and public involvement meeting was held 
in Sturgeon Bay, WI, on August 1, 2017. Additionally, the City of 
Sturgeon Bay conducted a Local Officials Meeting and a Community 
Protection Services Meeting, on April 11, 2017 and May 11, 2017, 
respectively, to align all city services with the remote drawbridge 
operation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 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; Sturgeon 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. This rule does not change any of the existing bridge schedules 
or conditions.
    WI-DOT, owner of all three drawbridges, 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. The interim rule allowed testing of the remote operation 
arrangement throughout the 2017 navigation season to identify and fully 
evaluate any impacts during the testing period. Authorizing temporary 
remote operation of the Sturgeon Bay drawbridges provided an 
opportunity to evaluate the use of current technology to monitor and 
operate remote drawbridges due to the particular conditions on this 
waterway and the demonstrated historical 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.
    Prior to the testing period authorized by the interim rule, WI-DOT 
provided data from the 2014 and 2015 seasons showing the number of 
commercial and recreational vessel traffic openings for each bridge. 
This data was published in the interim rule. For general comparison the 
total bridge openings of all three drawbridges during 2014 for all 
types of vessel traffic were 4,694 openings; during 2015 were 5,251 
openings; and during 2017 (through November 30) were 4,945 openings.
    WI-DOT gathered additional data throughout the 2017 navigation 
season and during the interim rule period, including vehicular and 
pedestrian traffic totals. The operating schedules for all three 
drawbridges were not changed during the 2017 testing period and will 
not be changed with this rule.

IV. Discussion of Comments, Changes and the Final Rule

    The interim rule provided a comment period between March 23 and 
December 1, 2017. We received three comments from the general public. 
Two comments generally supported the effectiveness of the remote 
operation arrangement. One comment stated the single tender located at 
the central bridge (Maple-Oregon Bridge) `should at the very least have 
visual contact with the bridge they are opening', citing the distance 
between the Maple-Oregon Bridge and the Bayview Bridge, approximately 
1.3 miles apart. The Bayview Bridge offers greater vertical clearance 
for vessels in the closed position compared to Maple-Oregon Bridge, 
thereby requiring fewer drawbridge openings (488 openings at Bayview 
Bridge versus 1,439 openings at Maple-Oregon Bridge in 2017). The 
single tender at Maple-Oregon Bridge can visually see the Bayview 
Bridge with at least one mile of clear weather and has sufficient 
camera coverage for all approaches on the roadway or waterway 
(including thermal imaging during poor visibility) to safely operate 
the drawbridge for marine, vehicular and pedestrian traffic. No changes 
published in the interim rule have been revised in this final rule 
based on the comments received.
    WI-DOT requested the Coast Guard authorize permanently operating 
the Bayview and Michigan Street Bridges with a single bridge tender 
operating

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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 during the 2017 test period, as outlined in subpart A of 33 CFR 
part 117, WI-DOT employed 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 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). WI-DOT provided 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 other information useful for evaluating the remote 
operation arrangement.
    The overall number of openings at all three drawbridges between 
2015 and 2017 were comparable (5,251 versus 4,945, respectively). The 
data provided by WI-DOT following the test period also included: No 
reports of equipment failure or temporary suspension of remote 
operation due to equipment failure; no periods of restricted visibility 
that affected safe remote operation; twenty occasions where ten or more 
vessels were waiting for openings between Michigan Avenue and Maple-
Oregon Street Bridges, requiring openings outside of scheduled times 
and as per the existing operating regulations; and no additional 
periods where traffic volume or conditions necessitated manning all 
three drawbridges outside of expected traffic increases (Memorial Day, 
July 4th, Labor Day). The following items are among other lessons 
learned and provided by WI-DOT: High-definition cameras provide the 
greatest clarity of all views and should be mounted to the bridge in a 
manner where minimum vibration is experienced; two separate power 
sources are provided for each structure for redundancy; designation of 
one tender as ``Head Drawtender'' to receive and respond to all 
possible issues related to tenders, including emergency response; 
involve local law enforcement and fire first responders early in the 
planning process to ensure effective communications and 
interconnectivity with responder systems; identifying local sources to 
service equipment during emergencies to minimize disruptions; and 
investigate WiFi options for hard wire systems for redundancy.
    In addition to the successful test during the interim rule period, 
the established performance history of this particular bridge owner/
operator was a significant factor in our evaluation of the safety and 
effectiveness of remote bridge operation. Strong consideration was 
given to this bridge owner due to no reported unreasonable delays to 
open drawbridges in the past ten years, timely bridge repairs when any 
drawbridge is rendered inoperable, no reported safety incidents, 
protocols to have tenders on all bridges within 30 minutes, if needed, 
and remote tenders having no other duties other than monitoring and 
operation of the drawbridges.
    We determined that the particular conditions on this waterway, 
along with the protocols and the historical performance of the bridge 
owner, allow for the safe and efficient operation of the Sturgon Bay 
drawbridges via remote operation.
    The existing operating schedules of the drawbridges will not be 
changed by this rule. This rule modifies the regulatory language by 
including the authorization to remotely operate the drawbridges under 
the provisions of 33 CFR 117.42.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    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 received zero comments from the Small Business 
Administration on this rule. 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 imposes no changes or 
additional requirements for any vessel operator or small entity to pass 
a drawbridge compared to current conditions.
    While some owners or operators of vessels intending to transit the 
bridge may be small entities, for the reasons stated in section V.A 
above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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

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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 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 
Instruction.
    A Record of Environmental Consideration and a Memorandum for the 
Record are not required for this rule.

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.

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; and 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 15, 2018.
J.M. Nunan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2018-04299 Filed 3-1-18; 8:45 am]
 BILLING CODE 9110-04-P


