[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48327-48329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17541]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule for all
drawbridges over the Fox River between DePere, WI and Oshkosh, WI. This
rule will establish drawbridge schedules that coincide with lock
schedules during the boating season and standard winter drawbridge
schedules.
DATES: This rule is effective August 24, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0256. 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 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 Information and Regulatory History
On May 6, 2016, we published a notice of proposed rulemaking (NPRM)
entitled Drawbridge Operation Regulation; Fox River, DePere to Oshkosh,
WI, in the Federal Register (81 FR 27373). We did receive one comment
on this rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
Currently, the regulation for Fox River drawbridges (33 CFR 117.1087)
includes the opening schedule for drawbridges in Green Bay, WI, where
large commercial vessel traffic continues to transit. This 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 reference to the George Street bridge at mile 7.27. The George
Street bridge has been removed in the past 15 years. In the current
regulation, the Oshkosh drawbridges 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 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 will 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.
This rule removes the 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.
The 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 dates,
times, and conditions have also been reviewed and accepted by WIS-DOT
and FRNSA during the development of this rule.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 45 days and received
one comment. Canadian National Railway Company (CN-RR) wished to
clarify for the record that the bridge described in the NPRM as the
``CN-RR bridge at Mile 55.72 over Fox River in Oshkosh, WI'' should
reflect Wisconsin Central Ltd. as the entity holding common carrier
responsibilities at this location. The Coast Guard recognizes that
Wisconsin Central, Ltd. is owned by CN-RR, but for consistency in
describing bridge owners throughout the Fox River system in official
publications, and since the bridges are locally known and referred to
as ``Canadian National'' bridges, we will continue to describe the
railroad drawbridge at Mile 55.72 in Oshkosh as the CN-RR bridge.
Additionally, CN-RR commented on the disparity of proposed bridge
operations between nearby highway bridges and the CN-RR bridge at Mile
55.72 in Oshkosh, WI. The NPRM excluded the CN-RR bridge at Mile
[[Page 48328]]
55.72 in Oshkosh from operating with the same schedule as the nearby
highway bridges requiring 2-hours advance notice for openings between
the hours of midnight and 8am due to the low vertical clearance (6-
feet) of the bridge in the closed position that restricts most vessels
from passing underneath, the proximity of the CN-RR bridge at the
entrance to Fox River from Lake Winnebago, the location of nearby
first-responders, and the need to open for vessels seeking shelter from
weather on Lake Winnebago. The exclusion of the CN-RR bridge from the
same conditions as the nearby highway bridges in Oshkosh is due to
safety concerns for vessel operators and is retained in this final
rule.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice during times
when vessel traffic is at its lowest. This rule provides a drawbridge
schedule that 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 did not receive any comments from the Small
Business Administration on this rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant economic
impact on a substantial number of small entities. This 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.
While some owners or operators of vessels intending to transit the
bridges may be small entities, for the reasons stated in section V.A
above, this rule would 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 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above. Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct 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 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.
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.
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.
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.
[[Page 48329]]
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. In Sec. 117.1087, revise paragraphs (b) and (c) 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., 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; the draw
shall open if at least 12-hours advance notice is given.
* * * * *
Dated: July 12, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-17541 Filed 7-22-16; 8:45 am]
BILLING CODE 9110-04-P