[Federal Register Volume 70, Number 153 (Wednesday, August 10, 2005)]
[Proposed Rules]
[Pages 46441-46444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15779]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD09-05-081]
RIN 1625-AA09


Drawbridge Operation Regulations; Fox River, Green Bay, WI and 
DePere, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the operating regulations 
for the Main Street, Walnut Street, Mason Street (Tilleman Memorial), 
and George Street highway drawbridges to establish permanent winter 
operating hours, and to establish operating regulations for two 
Canadian National Railway drawbridges. All six of these drawbridges are 
located over the Fox River at Green Bay, WI and DePere, WI. The 
proposed rule is expected to reflect the need for bridge openings 
during

[[Page 46442]]

winter months and still provide for the reasonable needs of navigation. 
The proposed establishment of regulations for the Canadian National 
drawbridges would provide consistency for operating regulations for all 
drawbridges at Green Bay and DePere.

DATES: Comments and related material must reach the Coast Guard on or 
before September 26, 2005.

ADDRESSES: You may mail comments and related material to Commander 
(obr), Ninth Coast Guard District, 1240 E. 9th Street, Room 2025, 
Cleveland, Ohio, 44199-2060. The Ninth Coast Guard District maintains 
the public docket for this rulemaking. Comments and material received 
from the public, as well as documents indicated in this preamble as 
being available in the docket, will become part of this docket and will 
be available for inspection or copying at Commander (obr), Ninth Coast 
Guard District between 7 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Scot M. Striffler, Bridge Management 
Specialist, Ninth Coast Guard District, at (216) 902-6087.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD09-05-
081), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to Commander (obr), Ninth Coast Guard 
District, at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    The four highway drawbridges over the Fox River between miles 1.58 
and 7.27 are bascule bridges operated by both the Wisconsin Department 
of Transportation (W-DOT) and the City of Green Bay, WI. The Main 
Street and Mason Street Bridges are operated by W-DOT, and the Walnut 
Street and George Street Bridges are operated by the City of Green Bay. 
The Main Street, Mason Street, and Walnut Street Bridges at Green Bay 
are currently required to operate year-round and open on signal, except 
between the hours of 7 a.m. to 8 a.m., 12 noon to 1 p.m., and 4 p.m. to 
5 p.m., Monday through Saturday, except for Federal holidays. This 
schedule does not apply to public vessels of the United States, tugs, 
fireboats, and vessels with a cargo capacity of 300 short tons or over 
engaged in commercial transportation, which are passed at any time.
    The George Street Bridge at DePere opens on signal during the 
navigation season, except from 6 p.m. to 8 a.m. During those hours, the 
draw shall open on signal if at least two hours notice is given.
    The railroad drawbridges operated by Canadian National Railway at 
miles 1.03 and 3.31 over the Fox River are swing bridges, currently 
have no permanent operating regulations, and open on signal for vessels 
year-round, 24 hours per day.
    The Ninth Coast Guard District has granted a yearly winter 
operating schedule for both the highway and railroad drawbridges under 
the provisions of 33 CFR 117.45 from December 15 to April 1 each year 
since approximately 1992.
    W-DOT requested that the Coast Guard implement a permanent winter 
operating schedule for the Walnut Street and Mason Street drawbridges 
between December 1 and April 1 each year. The Coast Guard requested 
that drawbridge opening logs be provided for these two bridges for the 
month of December since the yearly authorization granted by the Coast 
Guard started on December 15 instead of the requested December 1 start 
date. Vessels traveling as far as the Mason Street Bridge must pass 
through one of the railroad bridges and all other highway bridges in 
Green Bay. Consequently, the Coast Guard evaluated the provided logs as 
representative of drawbridge requirements for all drawbridges in Green 
Bay.
    The bridge opening logs revealed the following number of drawbridge 
openings during the month of December in 2002, 2003, and 2004:

------------------------------------------------------------------------
                                                              Number of
                            Year                               openings
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        Walnut Street Bridge (between December 1 and December 15)
------------------------------------------------------------------------
2002.......................................................           60
2003.......................................................           11
2004.......................................................           15
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       Walnut Street Bridge (between December 16 and December 31)
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2002.......................................................           27
2003.......................................................           18
2004.......................................................           13
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        Mason Street Bridge (between December 1 and December 15)
------------------------------------------------------------------------
2002.......................................................           50
2003.......................................................            4
2004.......................................................           10
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        Mason Street Bridge (between December 16 and December 31)
------------------------------------------------------------------------
2002.......................................................           16
2003.......................................................           15
2004.......................................................            8
------------------------------------------------------------------------

    The Coast Guard also contacted the City of Green Bay about 
including the Main Street drawbridge in this proposed change and 
received no objection to the proposed schedule. Local Coast Guard units 
and representatives of American shipping companies were also consulted 
regarding the proposed schedule and provided no objections. The 
Canadian National Railway drawbridges would operate under the same 
schedules as the highway drawbridges, as requested by the railroad 
company in the past.

Discussion of Proposed Rule

    The Coast Guard proposes to revise the operating regulations for 
the Main Street, Walnut Street, Mason Street, and George Street highway 
drawbridges currently listed in 33 CFR 117.1087, and establish 
permanent operating regulations for the two Canadian National Railway 
drawbridges over the Fox River, mile 1.03 and mile 3.31, both at Green 
Bay.
    This proposed schedule would not significantly alter drawbridge 
operations in the Green Bay area during the non-winter navigation 
season. The proposed rule would permanently establish winter operating 
schedules for all drawbridges on the Fox River up to and including the 
George Street Bridge at mile 7.27, instead of the yearly authorization 
currently granted by the Coast Guard under 33 CFR 117.45. Between 
December 1 and March 31 of each year, all six of these drawbridges 
would open if at least 12 hours advance notice is provided.

[[Page 46443]]

    The Coast Guard believes that this proposed schedule reflects the 
reasonable needs of navigation for commercial vessel traffic requiring 
drawbridge openings during the winter navigation season, provides 
consistent operating schedules for all drawbridges owned and operated 
by different owners (highway and rail), and reduces paperwork. The 
winter operating schedules have been in place since approximately 1992 
with no known objections or conflicts.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Office of Management and 
Budget has not reviewed it under that Order. It is not ``significant'' 
under the regulatory policies and procedures of the Department of 
Homeland Security (DHS).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under the regulatory policies 
and procedures of DHS is unnecessary.
    The Coast Guard expects minimal public impact from the proposed 
schedule. The operating hours for recreational vessels does not 
effectively change since the substantive changes occur during winter 
months when recreational vessel activity has ceased. Commercial vessels 
have been required to provide 12-hours advance notice prior to passing 
drawbridges since approximately 1992 with no reported problems.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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.
    The proposed schedule for all highway and railroad drawbridges is 
not expected to significantly affect large commercial vessels during 
the winter navigation season. Impacts to a substantial number of small 
entities are not expected since these entities mostly operate during 
non-winter months.
    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.

Assistance for Small Entities

    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 proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. 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 Scot M. Striffler, Bridge 
Management Specialist, Ninth Coast Guard District, at (216) 902-6087. 
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.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not affect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are

[[Page 46444]]

technical standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) that are developed or adopted by 
voluntary consensus standards bodies.
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under 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 concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this proposed rule is categorically excluded, 
under figure 2-1, paragraph (32)(e) of the Instruction, from further 
environmental documentation.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.1087 is amended by revising paragraphs (a) and (b) 
to read as follows:


Sec.  117.1087  Fox River.

    (a) The draws of the Canadian National Bridge, mile 1.03, Main 
Street Bridge, mile 1.58, Walnut Street Bridge, mile 1.81, Mason Street 
(Tilleman Memorial) Bridge, mile 2.27, and Canadian National Bridge, 
mile 3.31, all at Green Bay, shall open as follows:
    (1) From April 1 through November 30, the draws shall open on 
signal for recreational vessels; except the draws need not open from 7 
a.m. to 8 a.m., 12 noon to 1 p.m., and 4 p.m. to 5 p.m., Monday through 
Saturday except Federal holidays. Public vessels, tugs, and commercial 
vessels with a cargo capacity of 300 short tons or greater shall be 
passed at all times.
    (2) From December 1 through March 31, the draws shall open on 
signal if notice is given at least 12 hours in advance of a vessel's 
time of intended passage.
    (3) The opening signal for the Main Street Bridge is two short 
blasts followed by one prolonged blast, for the Walnut Street Bridge 
one prolonged blast followed by two short blasts, and for the Mason 
Street Bridge one prolonged blast, followed by one short blast, 
followed by one prolonged blast.
    (b) The draw of the George Street Bridge, mile 7.27 at DePere, 
shall open on signal from April 1 to November 30; except that, from 6 
p.m. to 8 a.m., the draw shall open on signal if notice is given at 
least 2 hours in advance of a vessel's time of intended passage. From 
December 1 to March 31, the draw shall open on signal if notice is 
given at least 12 hours in advance of a vessel's time of intended 
passage.
* * * * *

    Dated: July 25, 2005.
R.J. Papp, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 05-15779 Filed 8-9-05; 8:45 am]
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