[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
[Proposed Rules]
[Pages 17979-17981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08495]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0178]
RIN 1625-AA09
Drawbridge Operation Regulation; Fox River, Green Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to authorize the Main Street Bridge,
mile 1.58, the Walnut Street Bridge, mile 1.81, and the Tilleman
Memorial Bridge, mile 2.27, all over the Fox River at Green Bay, WI to
operate remotely. The request was made by WISDOT to operate all three
bridges from the Walnut Street Bridge. This proposed rule will test the
remote operations with tenders onsite, and will not change the
operating schedule of the bridges.
DATES: Comments and related material must reach the Coast Guard on or
before October 28, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0178 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
FR Federal Register
HDCCTV High Definition Closed Circuit Television
IGLD85 International Great Lakes Datum of 1985
IRCCTV Infrared Closed Circuit Television
LWD Low Water Datum based on IGLD 85
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
OMB Office of Management and Budget
PLC Programmable Logic Control
Sec. Section
U.S.C. United States Code
WI-FI Wireless Fidelity
WISDOT Wisconsin Department of Transportation
II. Background, Purpose and Legal Basis
Green Bay, Wisconsin, is located in the eastern portion of the
state at the head or southwest end of Green Bay. The Bay is oriented
northeast-southwest and is separated from Lake Michigan to the
southeast by the Door Peninsula. Green Bay Harbor, at the mouth of Fox
River at the south end of Green Bay, serves the cities of Green Bay,
WI, and De Pere, WI. The major commodities handled at the port are
coal, limestone, wood pulp, cement, aggregates and agricultural
products. The dredged
[[Page 17980]]
entrance channel leads generally southwest through the shallow water in
the south end of Green Bay for about 11.5 miles to the mouth of Fox
River and thence upstream for about 7.2 miles to a turning basin at De
Pere. There are three bascule bridges operated by WISDOT and the City
of Green Bay: Main Street Bridge, mile 1.58, provides 120 feet
horizontal and 12 feet vertical clearance in the closed position; the
Walnut Street Bridge, mile 1.81, provides 124 feet horizontal and 11
feet vertical clearance in the closed position; and the Tilleman
Memorial Bridge, mile 2.27, provides 124 feet horizontal and 32 feet
vertical clearance in the closed position.
The Coast Guard is issuing this NPRM under authority 33 U.S.C. 499.
III. Discussion of Proposed Rule
Bridge owners are required to provide necessary drawtenders for the
safe and prompt opening of a bridge and to respond to visual, sound, or
radiotelephone communications for openings; unless, authorized by the
U.S. Coast Guard District Commander to operate remotely.
This proposed rule will allow WISDOT and the City of Green Bay to
operate all three bridges from the Walnut Street Bridge while keeping
tenders at the Main Street and Tillman Memorial Bridge while the public
observes and comments on the remote operations throughout the summer.
WISDOT stated that their updated PLC, HDCCT system and updated
communications systems have improved the safety of bridge operations.
These systems use a redundant closed band WI-FI network to communicate
between the bridges. The tenders operating the three bridges will be
City of Green Bay employees with WISDOT technical assistance. Three
distinct consoles will be used to control the three bridges from the
Walnut Street Bridge. WISDOT stated WI-FI security protocols are in
place to prevent unauthorized bridge operations and there are no
physical wires connecting the control panels to any of the bridges.
Additional IFCCTV systems are installed on the bridges to see
vessels during limited visibility and WISDOT intends to have extra
drawtenders available during heavy weather and high traffic events.
WISDOT installed a public address system that allows 2-way voice
communication between vessels and the remote tender and a remotely
operated VHF-FM Marine Radiotelephone that monitors Channel 16.
This proposed rule will require a tender to be physically at the
bridges to evaluate the remote operations and to intervene if there is
a failure in the remote abilities. If remote operations are approved
and there is a discrepancy with the remote equipment the tender from
Walnut Street can open all three bridges manually within 30-minutes.
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 we 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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the ability that
vessels can still transit the bridge and the bridge will continue to
open as required in the current regulation.
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. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section IV.A above this proposed rule would not have
a significant economic impact on any vessel owner or operator because
the bridge will continue to open on signal.
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.
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
[[Page 17981]]
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.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this proposed 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, visit http://www.regulations.gov/privacynotice.
Documents mentioned in this NPRM as being available in this docket
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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. Amend Sec. 117.1087 by adding paragraph (a)(4) to read as follows:
(a) * * *
(4) The Main Street Bridge, mile 1.58, the Walnut Street Bridge,
mile 1.81, and the Tilleman Memorial Bridge, mile 2.27, are operated
remotely.
* * * * *
Dated: April 23, 2019.
N.A. Bartolotta,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
Acting.
[FR Doc. 2019-08495 Filed 4-26-19; 8:45 am]
BILLING CODE 9110-04-P