81_FR_27461 81 FR 27373 - Drawbridge Operation Regulation; Fox River, DePere to Oshkosh, WI

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)

Page Range27373-27375
FR Document2016-10566

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 Issue 88 (Friday, May 6, 2016)
[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.

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

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



                                                                           Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Proposed Rules                                           27373

                                               clients (or who used its own EIN                        paragraph (b)(17)(i) of this section is               DEPARTMENT OF HOMELAND
                                               immediately prior to entering into a                    met, a self-employed individual                       SECURITY
                                               CPEO contract with the CPEO) is not a                   described in paragraph (b)(14) of this
                                               customer, even if it has entered into a                 section is treated as a covered employee              Coast Guard
                                               CPEO contract with the CPEO.                            if such individual would be a covered
                                                  (7) [The text of proposed § 301.7705–                employee but for the exclusion of self-               33 CFR Part 117
                                               1(b)(7) through (13) is the same as the                 employed individuals from the                         [Docket No. USCG–2016–0256]
                                               text of § 301.7705–1T(b)(7) through (13)                definition of covered employee in
                                               published elsewhere in this issue of the                                                                      RIN 1625–AA09
                                                                                                       paragraph (b)(5) of this section.
                                               Federal Register].
                                                  (14) Self-employed individual means                     (iii) Excluded employees. In                       Drawbridge Operation Regulation; Fox
                                               an individual with net earnings from                    determining whether the 85 percent                    River, DePere to Oshkosh, WI
                                               self-employment (as defined in section                  threshold described in paragraph
                                                                                                                                                             AGENCY:   Coast Guard, DHS.
                                               1402(a) and without regard to the                       (b)(17)(i) of this section is met, an
                                               exceptions thereunder) derived from                     individual that is an excluded employee               ACTION:   Notice of proposed rulemaking.
                                               providing services covered by a CPEO                    described in section 414(q)(5) is not                 SUMMARY:   The Coast Guard proposes to
                                               contract, whether such net earnings                     treated either as an individual providing             modify the operating schedule for all
                                               from self-employment are derived from                   services or a covered employee.                       drawbridges over the Fox River between
                                               providing services as a non-employee to                                                                       DePere, WI and Oshkosh, WI. A review
                                               a customer of the CPEO, from the                           (iv) Treatment for calendar quarter. A
                                                                                                       covered employee will be considered a                 of the current regulation was requested
                                               individual’s own trade or business as a                                                                       by the Wisconsin Department of
                                               sole proprietor customer of the CPEO, or                work site employee for the entirety of a
                                                                                                       calendar quarter if the employee                      Transportation and the Fox River
                                               as an individual who is a partner in a
                                                                                                       qualifies as a work site employee at any              Navigational System Authority.
                                               partnership that is a customer of the
                                               CPEO, but only with regard to such net                  time during that quarter.                             DATES: Comments and related material
                                               earnings.                                                                                                     must reach the Coast Guard on or
                                                                                                          (v) Separate determination for each
                                                  (15) [The text of proposed § 301.7705–                                                                     before: June 20, 2016.
                                                                                                       work site. The determination of whether
                                               1(b)(15) is the same as the text of                     a covered employee is a work site                     ADDRESSES: You may submit comments
                                               § 301.7705–1T(b)(15) published                          employee is made separately with                      identified by docket number USCG–
                                               elsewhere in this issue of the Federal                  regard to each work site at which the                 2016–0256 using Federal eRulemaking
                                               Register].                                                                                                    Portal at http://www.regulations.gov.
                                                  (16) Work site means a physical                      covered employee regularly provides
                                                                                                                                                               See the ‘‘Public Participation and
                                               location at which an individual                         services and for each customer for
                                                                                                                                                             Request for Comments’’ portion of the
                                               regularly performs services for a                       which the covered employee is
                                                                                                                                                             SUPPLEMENTARY INFORMATION section
                                               customer of a CPEO or, if there is no                   providing services. A covered employee                below for instructions on submitting
                                               such location, the location from which                  may be determined to be a work site                   comments.
                                               the customer assigns work to the                        employee of more than one work site
                                                                                                       during a calendar quarter.                            FOR FURTHER INFORMATION CONTACT:      If
                                               individual. A work site may not be the
                                                                                                                                                             you have questions on this proposed
                                               individual’s residence or a telework site                  (c) [The text of proposed § 301.7705–              rule, call or email Mr. Lee D. Soule,
                                               unless the customer requires the                        1(c)(1) is the same as the text of                    Bridge Management Specialist, Ninth
                                               individual to work at that site. For                    § 301.7705–1T(c)(1) published                         Coast Guard District; telephone 216–
                                               purposes of this paragraph (b)(16), work                elsewhere in this issue of the Federal                902–6085, email Lee.D.Soule@uscg.mil.
                                               sites that are contiguous locations will                Register].
                                               be treated as a single physical location                                                                      SUPPLEMENTARY INFORMATION:
                                               and thus a single work site, and                           (2) Definitions related to section 3511.
                                                                                                       Paragraphs (b)(3), (5), (6), (14), (16), and          I. Table of Abbreviations
                                               noncontiguous locations that are not
                                               reasonably proximate will be treated as                 (17) of this section are applicable on the            CFR Code of Federal Regulations
                                                                                                       date of publication of the Treasury                   DHS Department of Homeland Security
                                               separate physical locations and thus                                                                          E.O. Executive Order
                                               separate work sites. A CPEO may treat                   decision adopting these rules as final or
                                                                                                                                                             FR Federal Register
                                               noncontiguous locations that are                        temporary regulations.                                NEPA National Environmental Policy Act
                                               reasonably proximate as a single                                                                                of 1969
                                                                                                       § 301.7705–2      CPEO certification process.
                                               physical location and thus a single work                                                                      NPRM Notice of proposed rulemaking
                                               site. Any two work sites that are                         [The text of proposed § 301.7705–2 is               RFA Regulatory Flexibility Act of 1980
                                               separated by 35 or more miles or that                   the same as the text of § 301.7705–2T                 SNPRM Supplemental notice of proposed
                                               operate in a different industry or                      published elsewhere in this issue of the                rulemaking
                                               industries will not be treated as                                                                             Pub. L. Public Law
                                                                                                       Federal Register].                                    § Section
                                               reasonably proximate for purposes of                                                                          U.S.C. United States Code
                                               this paragraph (b)(16).                                 Kirsten B. Wielobob,
                                                                                                                                                             WIS–DOT Wisconsin Department of
                                                  (17) Work site employee—(i) In                       Acting Deputy Commissioner for Services and             Transportation
                                               general. A work site employee means,                    Enforcement.                                          FRNSA Fox River Navigational System
                                               with respect to a customer, a covered                   [FR Doc. 2016–10702 Filed 5–4–16; 4:15 pm]              Authority
                                               employee who performs services for
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                                                                                                       BILLING CODE 4830–01–P                                CN–RR Canadian National Railroad
                                               such customer at a work site where at
                                                                                                                                                             II. Background, Purpose and Legal
                                               least 85 percent of the individuals
                                                                                                                                                             Basis
                                               performing services for the customer are
                                               covered employees of the customer.                                                                              This proposed rule was requested by
                                                  (ii) Self-employed individuals. Solely                                                                     WIS–DOT and FRNSA to align
                                               for purposes of determining whether the                                                                       drawbridge operating schedules with
                                               85 percent threshold described in                                                                             lock schedules, and make the yearly


                                          VerDate Sep<11>2014   13:57 May 05, 2016   Jkt 238001   PO 00000   Frm 00022   Fmt 4702   Sfmt 4702   E:\FR\FM\06MYP1.SGM   06MYP1


                                               27374                       Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Proposed Rules

                                               schedules permanent and easier to                       27 to October 7 every year. This                      harmonizing rules, and of promoting
                                               follow for the entire river system. The                 schedule would match the lock                         flexibility. This NPRM has not been
                                               drawbridge and lock schedules that                      schedule established by FRNSA and                     designated a ‘‘significant regulatory
                                               have been set each year by local                        drawbridge schedules used by WIS–                     action,’’ under Executive Order 12866.
                                               authorities have generally followed the                 DOT. Between the hours of midnight                    Accordingly, the NPRM has not been
                                               same dates as the dates in this proposed                and 8 a.m., except for the CN–RR Bridge               reviewed by the Office of Management
                                               rule for the beginning and end of the                   in Oshkosh, all drawbridges would open                and Budget.
                                               navigation season; April through                        for vessels if at least 2-hours advance                  This regulatory action determination
                                               October. These periods are generally                    notice of arrival is provided.                        is based on the ability that vessels can
                                               accepted as the established annual                         The CN–RR Bridge at mile 55.72 in
                                                                                                                                                             still transit the bridge given advanced
                                               schedules by vessel operators and                       Oshkosh is located where Fox River
                                                                                                                                                             notice during times when vessel traffic
                                               bridge operators on the river system.                   feeds into the southwest section of Lake
                                                                                                                                                             is at its lowest. The proposed
                                               With no current winter schedule for                     Winnebago. The portion of Fox River in
                                                                                                                                                             drawbridge schedule is virtually the
                                               drawbridges, this proposed rule will                    the Oshkosh area, and Lake Winnebago,
                                                                                                                                                             same as has been used by vessel
                                               also establish permanent winter                         are among the busiest portions of the
                                                                                                                                                             operators in the area for approximately
                                               operating schedules for all drawbridges                 Fox River System for recreational vessel
                                                                                                                                                             10 years.
                                               over Fox River between DePere and                       traffic. The CN–RR Bridge provides 6
                                               Oshkosh, WI.                                            feet of vertical clearance in the closed              B. Impact on Small Entities
                                                                                                       position and prevents most vessels from
                                               III. Discussion of Proposed Rule                        passing under the bridge, thereby                        The Regulatory Flexibility Act of 1980
                                                  The Coast Guard proposes to amend                    requiring the drawbridge to open                      (RFA), 5 U.S.C. 601–612, as amended,
                                               the Fox River regulation at 33 CFR                      regularly for vessels. This is also the               requires federal agencies to consider the
                                               117.1087. This proposed rule removes                    location of first responders and public               potential impact of regulations on small
                                               George Street Bridge from the                           safety vessels that may require the                   entities during rulemaking. The term
                                               regulation, establishes consistent annual               bridge to open at any time to perform                 ‘‘small entities’’ comprises small
                                               dates for drawbridge schedules between                  rescue or emergency operations on Lake                businesses, not-for-profit organizations
                                               river miles 7.13 and 58.3, eliminates                   Winnebago. Vessels in distress or                     that are independently owned and
                                               currently exempted bridge opening                       seeking shelter from weather on Lake                  operated and are not dominant in their
                                               times during certain days and times in                  Winnebago may also need the CN–RR                     fields, and governmental jurisdictions
                                               Oshkosh, makes permanent the                            Bridge to open at any time. A delay in                with populations of less than 50,000.
                                               requirement for vessels to provide 2-                   bridge openings at this location may                  The Coast Guard certifies under 5 U.S.C.
                                               hours advance notice between midnight                   endanger life or property and is                      605(b) that this proposed rule would not
                                               and 8 a.m., and establishes the winter                  therefore exempted from the proposed                  have a significant economic impact on
                                               bridge operating schedules throughout                   2-hour advance notice requirement from                a substantial number of small entities.
                                               the entire river system.                                vessels for all other drawbridges                     This proposed rule standardizes
                                                  Currently, the regulation for Fox River              between midnight and 8 a.m.                           drawbridge schedules that have been in
                                               drawbridges includes the opening                           All drawbridges would be required to               place and would not have a significant
                                               schedule for drawbridges in Green Bay,                  open if at least 12-hours advance notice              economic impact on any vessel owner
                                               WI, where large commercial vessel                       is provided prior to passing between                  or operator because the bridges will
                                               traffic continues to transit. This                      October 8 and April 26 each year.                     open with advance notice during low
                                               proposed rule does not include any                         The proposed dates, times, and                     traffic times on the waterway or when
                                               changes to the schedules for                            conditions have been employed by local                ice conditions hinder normal
                                               drawbridges over the commercial ship                    authorities for approximately 10 years                navigation.
                                               channel in Green Bay.                                   and are generally accepted by vessel
                                                  The sections of the current regulation                                                                        If you think that your business,
                                                                                                       operators in the area as established                  organization, or governmental
                                               that includes all other drawbridges                     conditions. The proposed dates, times,
                                               between river mile 7.13 in DePere, WI                                                                         jurisdiction qualifies as a small entity
                                                                                                       and conditions have also been reviewed                and that this rule would have a
                                               at the DePere Pedestrian Bridge, to river               and accepted by WIS–DOT and FRNSA
                                               mile 58.3 in Oshkosh, WI, describe                                                                            significant economic impact on it,
                                                                                                       during the development of this NPRM.                  please submit a comment (see
                                               inconsistent dates and times for
                                                                                                       IV. Regulatory Analyses                               ADDRESSES) explaining why you think it
                                               required drawbridge openings,
                                               particularly for the four highway                                                                             qualifies and how and to what degree
                                                                                                          We developed this proposed rule after
                                               drawbridges in Oshkosh. They also                                                                             this rule would economically affect it.
                                                                                                       considering numerous statutes and
                                               include a reference to George Street                    Executive Orders related to rulemaking.                  Under section 213(a) of the Small
                                               Bridge at mile 7.27. George Street Bridge               Below we summarize our analyses                       Business Regulatory Enforcement
                                               has been removed since the last update                  based on these statutes and Executive                 Fairness Act of 1996 (Pub. L. 104–121),
                                               of these regulations. The Oshkosh                       Orders and discuss First Amendment                    we want to assist small entities in
                                               drawbridges in the current regulation                   rights of protestors.                                 understanding this proposed rule. If the
                                               contain exemptions during certain dates                                                                       rule would affect your small business,
                                               and times where the drawbridges are                     A. Regulatory Planning and Review                     organization, or governmental
                                               not required to open for vessels or                        Executive Orders 12866 and 13563                   jurisdiction and you have questions
                                               vessels must provide advance notice                     direct agencies to assess the costs and               concerning its provisions or options for
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                                               prior to passing during nighttime hours.                benefits of available regulatory                      compliance, please contact the person
                                                  This proposed rule establishes the                   alternatives and, if regulation is                    listed in the FOR FURTHER INFORMATION
                                               requirement for all drawbridges, except                 necessary, to select regulatory                       CONTACT, above. The Coast Guard will
                                               the Canadian National Railroad (CN–                     approaches that maximize net benefits.                not retaliate against small entities that
                                               RR) Bridge at mile 55.72 in Oshkosh, to                 Executive Order 13563 emphasizes the                  question or complain about this
                                               open on signal between the hours of 8                   importance of quantifying both costs                  proposed rule or any policy or action of
                                               a.m. and midnight each day from April                   and benefits, of reducing costs, of                   the Coast Guard.


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                                                                           Federal Register / Vol. 81, No. 88 / Friday, May 6, 2016 / Proposed Rules                                                 27375

                                               C. Collection of Information                            rule simply promulgates the operating                 comments are posted or a final rule is
                                                 This proposed rule would call for no                  regulations or procedures for                         published.
                                               new collection of information under the                 drawbridges. Normally such actions are
                                                                                                                                                             List of Subjects in 33 CFR Part 117
                                               Paperwork Reduction Act of 1995 (44                     categorically excluded from further
                                                                                                       review, under figure 2–1, paragraph                     Bridges.
                                               U.S.C. 3501–3520.).
                                                                                                       (32)(e), of the Instruction.                            For the reasons discussed in the
                                               D. Federalism and Indian Tribal                           Under figure 2–1, paragraph (32)(e), of             preamble, the Coast Guard proposes to
                                               Government                                              the Instruction, an environmental                     amend 33 CFR part 117 as follows:
                                                  A rule has implications for federalism               analysis checklist and a categorical
                                               under Executive Order 13132,                            exclusion determination are not                       PART 117—DRAWBRIDGE
                                               Federalism, if it has a substantial direct              required for this rule. We seek any                   OPERATION REGULATIONS
                                               effect on the States, on the relationship               comments or information that may lead
                                                                                                       to the discovery of a significant                     ■ 1. The authority citation for part 117
                                               between the national government and                                                                           continues to read as follows:
                                               the States, or on the distribution of                   environmental impact from this
                                               power and responsibilities among the                    proposed rule.                                          Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
                                                                                                                                                             Department of Homeland Security Delegation
                                               various levels of government. We have                   G. Protest Activities                                 No. 0170.1.
                                               analyzed this proposed rule under that
                                               Order and have determined that it is                      The Coast Guard respects the First                  ■ 2. Revise paragraphs (b) and (c) in
                                               consistent with the fundamental                         Amendment rights of protesters.                       § 117.1087 to read as follows:
                                               federalism principles and preemption                    Protesters are asked to contact the
                                                                                                       person listed in the FOR FURTHER                      § 117.1087   Fox River.
                                               requirements described in Executive
                                               Order 13132.                                            INFORMATION CONTACT section to                        *      *     *    *    *
                                                  Also, this proposed rule does not have               coordinate protest activities so that your               (b) All drawbridges between mile 7.13
                                               tribal implications under Executive                     message can be received without                       in DePere and mile 58.3 in Oshkosh,
                                               Order 13175, Consultation and                           jeopardizing the safety or security of                except the Canadian National Railroad
                                               Coordination with Indian Tribal                         people, places or vessels.                            Bridge at mile 55.72, shall open as
                                               Governments, because it would not have                                                                        follows:
                                                                                                       V. Public Participation and Request for                  (1) From April 27 through October 7,
                                               a substantial direct effect on one or                   Comments
                                               more Indian tribes, on the relationship                                                                       the draws shall open on signal, except
                                               between the Federal Government and                         We view public participation as                    between the hours of midnight and 8
                                               Indian tribes, or on the distribution of                essential to effective rulemaking, and                a.m. when the draws shall open if at
                                               power and responsibilities between the                  will consider all comments and material               least 2-hours advance notice is given.
                                                                                                       received during the comment period.                      (2) From October 8 through April 26,
                                               Federal Government and Indian tribes.
                                                                                                       Your comment can help shape the                       the draws shall open if at least 12-hours
                                               If you believe this proposed rule has
                                                                                                       outcome of this rulemaking. If you                    advance notice is given.
                                               implications for federalism or Indian
                                                                                                       submit a comment, please include the                     (c) The draw of the Canadian National
                                               tribes, please contact the person listed
                                                                                                       docket number for this rulemaking,                    Railroad Bridge at mile 55.72 shall open
                                               in the FOR FURTHER INFORMATION
                                                                                                       indicate the specific section of this                 on signal, except from October 8
                                               CONTACT section above.
                                                                                                       document to which each comment                        through April 26 when the draw shall
                                               E. Unfunded Mandates Reform Act                         applies, and provide a reason for each                open if at least 12-hours advance notice
                                                 The Unfunded Mandates Reform Act                      suggestion or recommendation.                         is given.
                                               of 1995 (2 U.S.C. 1531–1538) requires                      We encourage you to submit                         *      *     *    *    *
                                               Federal agencies to assess the effects of               comments through the Federal                            Dated: April 21, 2016.
                                               their discretionary regulatory actions. In              eRulemaking Portal at http://                         J.K. Little,
                                               particular, the Act addresses actions                   www.regulations.gov. If your material
                                                                                                                                                             Captain, U.S. Coast Guard, Commander,
                                               that may result in the expenditure by a                 cannot be submitted using http://                     Ninth Coast Guard District, Acting.
                                               State, local, or tribal government, in the              www.regulations.gov, contact the person
                                                                                                                                                             [FR Doc. 2016–10566 Filed 5–5–16; 8:45 am]
                                               aggregate, or by the private sector of                  in the FOR FURTHER INFORMATION
                                                                                                                                                             BILLING CODE 9110–04–P
                                               $100,000,000 (adjusted for inflation) or                CONTACT section of this document for
                                               more in any one year. Though this                       alternate instructions.
                                               proposed rule will not result in such an                   We accept anonymous comments. All
                                               expenditure, we do discuss the effects of               comments received will be posted                      DEPARTMENT OF EDUCATION
                                               this proposed rule elsewhere in this                    without change to http://
                                                                                                                                                             34 CFR Chapter III
                                               preamble.                                               www.regulations.gov and will include
                                                                                                       any personal information you have                     [Docket ID ED–2016–OSERS–0018; CFDA
                                               F. Environment                                          provided. For more about privacy and                  Number: 84.160D.]
                                                 We have analyzed this proposed rule                   the docket, you may review a Privacy
                                               under Department of Homeland                            Act notice regarding the Federal Docket               Proposed Priority—Training of
                                               Security Management Directive 023–01                    Management System in the March 24,                    Interpreters for Individuals Who Are
                                               and Commandant Instruction                              2005, issue of the Federal Register (70               Deaf or Hard of Hearing and
                                               M16475.lD, which guides the Coast                       FR 15086).                                            Individuals Who Are Deaf-Blind
                                               Guard in complying with the National                       Documents mentioned in this notice,                Program
Lhorne on DSK30JT082PROD with PROPOSALS




                                               Environmental Policy Act of 1969                        and all public comments, are in our                   AGENCY:  Office of Special Education and
                                               (NEPA) (42 U.S.C. 4321–4370f), and                      online docket at http://                              Rehabilitative Services, Department of
                                               have made a preliminary determination                   www.regulations.gov and can be viewed                 Education.
                                               that this action is one of a category of                by following that Web site’s                          ACTION: Proposed priority.
                                               actions which do not individually or                    instructions. Additionally, if you go to
                                               cumulatively have a significant effect on               the online docket and sign up for email               SUMMARY:  The Assistant Secretary for
                                               the human environment. This proposed                    alerts, you will be notified when                     Special Education and Rehabilitative


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Document Created: 2016-05-06 00:29:55
Document Modified: 2016-05-06 00:29:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must reach the Coast Guard on or before: June 20, 2016.
ContactIf 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]
FR Citation81 FR 27373 
RIN Number1625-AA09

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