81 FR 27373 - Drawbridge Operation Regulation; Fox River, DePere to Oshkosh, WI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 88 (May 6, 2016)

The Coast Guard proposes to modify the operating schedule for all drawbridges over the Fox River between DePere, WI and Oshkosh, WI. A review of the current regulation was requested by the Wisconsin Department of Transportation and the Fox River Navigational System Authority.

[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Proposed Rules]
[Pages 27373-27375]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10566]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0256]
RIN 1625-AA09


Drawbridge Operation Regulation; Fox River, DePere to Oshkosh, WI

AGENCY:  Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule for 
all drawbridges over the Fox River between DePere, WI and Oshkosh, WI. 
A review of the current regulation was requested by the Wisconsin 
Department of Transportation and the Fox River Navigational System 
Authority.

DATES: Comments and related material must reach the Coast Guard on or 
before: June 20, 2016.

ADDRESSES:  You may submit comments identified by docket number USCG-
2016-0256 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NEPA National Environmental Policy Act of 1969
NPRM Notice of proposed rulemaking
RFA Regulatory Flexibility Act of 1980
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
WIS-DOT Wisconsin Department of Transportation
FRNSA Fox River Navigational System Authority
CN-RR Canadian National Railroad

II. Background, Purpose and Legal Basis

    This proposed rule was requested by WIS-DOT and FRNSA to align 
drawbridge operating schedules with lock schedules, and make the yearly

[[Page 27374]]

schedules permanent and easier to follow for the entire river system. 
The drawbridge and lock schedules that have been set each year by local 
authorities have generally followed the same dates as the dates in this 
proposed rule for the beginning and end of the navigation season; April 
through October. These periods are generally accepted as the 
established annual schedules by vessel operators and bridge operators 
on the river system. With no current winter schedule for drawbridges, 
this proposed rule will also establish permanent winter operating 
schedules for all drawbridges over Fox River between DePere and 
Oshkosh, WI.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend the Fox River regulation at 33 
CFR 117.1087. This proposed rule removes George Street Bridge from the 
regulation, establishes consistent annual dates for drawbridge 
schedules between river miles 7.13 and 58.3, eliminates currently 
exempted bridge opening times during certain days and times in Oshkosh, 
makes permanent the requirement for vessels to provide 2-hours advance 
notice between midnight and 8 a.m., and establishes the winter bridge 
operating schedules throughout the entire river system.
    Currently, the regulation for Fox River drawbridges includes the 
opening schedule for drawbridges in Green Bay, WI, where large 
commercial vessel traffic continues to transit. This proposed rule does 
not include any changes to the schedules for drawbridges over the 
commercial ship channel in Green Bay.
    The sections of the current regulation that includes all other 
drawbridges between river mile 7.13 in DePere, WI at the DePere 
Pedestrian Bridge, to river mile 58.3 in Oshkosh, WI, describe 
inconsistent dates and times for required drawbridge openings, 
particularly for the four highway drawbridges in Oshkosh. They also 
include a reference to George Street Bridge at mile 7.27. George Street 
Bridge has been removed since the last update of these regulations. The 
Oshkosh drawbridges in the current regulation contain exemptions during 
certain dates and times where the drawbridges are not required to open 
for vessels or vessels must provide advance notice prior to passing 
during nighttime hours.
    This proposed rule establishes the requirement for all drawbridges, 
except the Canadian National Railroad (CN-RR) Bridge at mile 55.72 in 
Oshkosh, to open on signal between the hours of 8 a.m. and midnight 
each day from April 27 to October 7 every year. This schedule would 
match the lock schedule established by FRNSA and drawbridge schedules 
used by WIS-DOT. Between the hours of midnight and 8 a.m., except for 
the CN-RR Bridge in Oshkosh, all drawbridges would open for vessels if 
at least 2-hours advance notice of arrival is provided.
    The CN-RR Bridge at mile 55.72 in Oshkosh is located where Fox 
River feeds into the southwest section of Lake Winnebago. The portion 
of Fox River in the Oshkosh area, and Lake Winnebago, are among the 
busiest portions of the Fox River System for recreational vessel 
traffic. The CN-RR Bridge provides 6 feet of vertical clearance in the 
closed position and prevents most vessels from passing under the 
bridge, thereby requiring the drawbridge to open regularly for vessels. 
This is also the location of first responders and public safety vessels 
that may require the bridge to open at any time to perform rescue or 
emergency operations on Lake Winnebago. Vessels in distress or seeking 
shelter from weather on Lake Winnebago may also need the CN-RR Bridge 
to open at any time. A delay in bridge openings at this location may 
endanger life or property and is therefore exempted from the proposed 
2-hour advance notice requirement from vessels for all other 
drawbridges between midnight and 8 a.m.
    All drawbridges would be required to open if at least 12-hours 
advance notice is provided prior to passing between October 8 and April 
26 each year.
    The proposed dates, times, and conditions have been employed by 
local authorities for approximately 10 years and are generally accepted 
by vessel operators in the area as established conditions. The proposed 
dates, times, and conditions have also been reviewed and accepted by 
WIS-DOT and FRNSA during the development of this NPRM.

IV. Regulatory Analyses

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

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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice during times 
when vessel traffic is at its lowest. The proposed drawbridge schedule 
is virtually the same as has been used by vessel operators in the area 
for approximately 10 years.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities. This proposed rule standardizes 
drawbridge schedules that have been in place and would not have a 
significant economic impact on any vessel owner or operator because the 
bridges will open with advance notice during low traffic times on the 
waterway or when ice conditions hinder normal navigation.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

[[Page 27375]]

C. Collection of Information

    This proposed rule would call 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 preliminary 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 proposed rule simply 
promulgates the operating regulations or procedures for drawbridges. 
Normally such actions are categorically excluded from further review, 
under figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed 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.

V. 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 proposes 
to amend 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. Revise paragraphs (b) and (c) in Sec.  117.1087 to read as follows:


Sec.  117.1087  Fox River.

* * * * *
    (b) All drawbridges between mile 7.13 in DePere and mile 58.3 in 
Oshkosh, except the Canadian National Railroad Bridge at mile 55.72, 
shall open as follows:
    (1) From April 27 through October 7, the draws shall open on 
signal, except between the hours of midnight and 8 a.m. when the draws 
shall open if at least 2-hours advance notice is given.
    (2) From October 8 through April 26, the draws shall open if at 
least 12-hours advance notice is given.
    (c) The draw of the Canadian National Railroad Bridge at mile 55.72 
shall open on signal, except from October 8 through April 26 when the 
draw shall open if at least 12-hours advance notice is given.
* * * * *

    Dated: April 21, 2016.
J.K. Little,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District, 
Acting.
[FR Doc. 2016-10566 Filed 5-5-16; 8:45 am]
 BILLING CODE 9110-04-P