[Federal Register Volume 63, Number 178 (Tuesday, September 15, 1998)]
[Rules and Regulations]
[Pages 49287-49288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24706]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD09-98-003]
RIN-2115-AE47
Drawbridge Operation Regulations; Sheboygan River, WI
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the regulation governing the
operation of the Eighth Street bridge at mile 0.69 over the Sheboygan
River in Sheboygan, WI.
The revised regulation will restrict bridge openings for
recreational vessel traffic during peak vehicular traffic hours. Also,
a permanent winter operating schedule is established with this final
rule.
DATES: This regulation is effective October 15, 1998.
ADDRESSES: Documents concerning this regulation are available for
inspection and copying at 1240 East Ninth Street, Room 2019, Cleveland,
OH 44199-2060 between 6:30 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (216) 902-6084.
FOR FURTHER INFORMATION CONTACT: Mr. Scot M. Striffler, Project
Manager, Bridge Branch at (216) 902-6084.
SUPPLEMENTARY INFORMATION:
Regulatory History
The Coast Guard published a notice of proposed rulemaking (NPRM)
which appeared in the Federal Register on June 3, 1998 (63 FR 30160).
The Coast Guard received no comments or letters to the proposed
rulemaking. No public hearing was requested and none was held.
Background and Purpose
The proposed schedule was submitted to the Coast Guard by the City
of Sheboygan, WI to address congestion problems at the bridge. The
bridge is currently required to open on signal at 10 minutes after the
hour, on the half-hour, and at 10 minutes before the hour, Monday
through Saturday, between the hours of 6:10 a.m. and 7:10 p.m. There
was no requested change to the current hours, but the City asked that
the bridge not be required to open between 7:30 a.m. and 8:30 a.m.,
between 12 p.m. and 1 p.m., and between 4:30 p.m. and 5:30 p.m., Monday
through Friday, to relieve vehicular traffic congestion. The Eighth
Street bridge is considered the primary roadway to the downtown central
business district, which has grown considerably since 1995, attracting
an increase in vehicle traffic across the bridge.
Vehicular traffic count data supplied by the City indicated that
traffic volume was at its highest during the hours identified above.
The traffic data was weighed against the number of requests for bridge
openings and the type of vessel traffic during the rush-hour periods.
The bridge logs showed random openings and did not establish a need for
commercial entities to pass through the draw during the requested
restricted times.
The City contends that the number of requested openings at Eighth
Street bridge has decreased since a new marina, located in the outer
harbor of Sheboygan, was constructed and opened in 1995. No data was
received by the Coast Guard to support or refute this claim. The known
existing marinas located beyond the bridge on Sheboygan River did not
provide comments concerning the proposed rulemaking.
The request to establish a permanent winter operating schedule was
reviewed and deemed adequate by the Coast Guard. Both recreational and
commercial marine activities are virtually shut down during winter
months on Sheboygan River due to ice. The advance notice time requested
by the City is consistent with established winter bridge schedules in
the Great Lakes.
Therefore, the Coast Guard is revising the regulations governing
Eighth Street bridge by eliminating openings between 7:30 a.m. and 8:30
a.m., between 12 p.m. and 1 p.m., and between 4:30 p.m.
[[Page 49288]]
and 5:30 p.m., Monday through Friday, from May 1 to October 31 each
year. From November 1, to April 30 each year, mariners must provide a
12-hour advance notice for requests to open the bridge.
Regulatory Evaluation
This final 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 been exempted from review 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 final rule to be so minimal that a full
Regulatory Evaluation under paragraph 10e of the regulatory policies
and procedures of DOT is unnecessary. The Coast Guard made this
determination based on the documented use of the bridge and by the fact
that this final rule does not prevent transiting of the bridge by
vessels, but requires them to plan transits based on the revised
schedule.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard must consider whether this final rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operate 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). Because it expects the impact of this final rule to be
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this
final rule will not have a significant impact on a substantial number
of small entities.
Collection of Information
This final rule contains no collection of information requirement
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final 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 figure 2-1, paragraph (32)(e) of COMDTINST
M16475.1C, this final rule is categorically excluded from further
environmental documentation based on the fact that it is a promulgation
of the operating regulations of a drawbridge. A Categorical Exclusion
Determination statement has been prepared and placed in the rulemaking
docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For reasons discussed in the preamble, the Coast Guard revises 33
CFR Part 117 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 1.05-1(g); Section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.1097 is revised to read as follows:
Sec. 117.1097 Sheboygan River
The draw of the Eighth Street bridge, mile 0.69 at Sheboygan, shall
open as follows:
(a) From May 1 through October 31--
(1) Between the hours of 6 a.m. and 10 p.m., the bridge shall open
on signal, except that:
(i) From 6:10 a.m. to 7:10 p.m., Monday through Saturday, the draw
need open only at 10 minutes after the hour, on the half-hour, and 10
minutes before the hour; and
(ii) From Monday through Friday, except Federal holidays, the draw
need not open between 7:30 a.m. and 8:30 a.m., between 12 p.m. and 1
p.m., and between 4:30 p.m. and 5:30 p.m.
(2) Between the hours of 10 p.m. and 6 a.m., the draw shall open on
signal if at least 2 hours advance notice is provided.
(b) From November 1 through April 30, the draw shall open on signal
if at least 12 hours advance notice is provided.
(c) At all times, the draw shall open as soon as possible for
public vessels of the United States, state or local government vessels
used for public safety, vessels in distress, vessels seeking shelter
from rough weather, or any other emergency.
Dated: August 27, 1998.
G. Cope,
Captain, U.S. Coast Guard Acting Commander, Ninth Coast Guard District.
[FR Doc. 98-24706 Filed 9-14-98; 8:45 am]
BILLING CODE 4910-15-M
