[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13517-13520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04659]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0824]
Drawbridge Operation Regulation; Milwaukee, Menomonee, and
Kinnickinnic Rivers and Burnham Canals, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations; request for
comments.
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SUMMARY: The Coast Guard is seeking information and comments during a
test schedule for the bridges crossing the Milwaukee, Menomonee,
Kinnickinnic River, South Menomonee River, and Burnham Canals. The city
of Milwaukee requested the regulations to be reviewed and updated to
allow for a more balanced flow of maritime and land based
transportation. The current regulation has been in place for over 30
years and is obsolete. This deviation will test a change to the
drawbridge operation schedule to determine whether a permanent change
to the schedule is needed. The Coast Guard is seeking comments from the
public regarding these proposed changes.
DATES: This deviation is effective from midnight on April 15, 2020 and
ends at midnight on November 2, 2020.
Comments and related material must reach the Coast Guard on or
before November 2, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0824 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. Background, Purpose, and Legal Basis
The Milwaukee River is approximately 104 miles long. Beginning in
Fond du Lac County the river flows easterly to a low head dam just
above the Humboldt Avenue Bridge at mile 3.22 in downtown Milwaukee,
WI. From here the river flows south to Lake Michigan. This southerly
course of the Milwaukee River divides the lakefront area from the rest
of the city. The Menomonee River joins the Milwaukee River at Mile 1.01
with the Kinnickinnic River joining the Milwaukee River at Mile 0.39.
21 bridges cross the Milwaukee River from mile 0.19 to mile 3.22. In
the early 20th Century, the Milwaukee River was heavily used to support
the industries in and around the Great Lakes. Today, the river has been
redeveloped as a tourist and recreational destination. From its
confluence with the Milwaukee River the Menomonee River flows west for
33 miles. The lower three miles of the Menomonee River is passable by
vessels over 600 feet in length. Seven bridges cross the navigable
portion of the Menomonee River.
The South Menomonee Canal and the Burnham Canal were both excavated
during a waterways improvement project in 1864. Both man-made canals
are tributaries of the Menomonee River branching just above its mouth.
The South Menomonee Canal is crossed by two bridges and the Burnham
Canal is crossed by three bridges. The Kinnickinnic River flows north
through the southern portion of the City of Milwaukee connecting with
the Milwaukee River near Lake Michigan. Only the lower 2.30 miles of
the river have been improved for vessel use. Five bridges cross the
river with the Lincoln Avenue Bridge at the head of navigation.
Freighters up to 1,000 feet in length transfer cargoes at the
confluence of the Kinnickinnic and Milwaukee Rivers. Most of the
recreational vessels in Milwaukee moor in the lake front marinas and
only transit the rivers. Boat yards on the Menomonee and Kinnickinnic
rivers haul out and store most of the recreational vessels in the fall
and winter months and launch the vessels in the spring. This action
contributes to a considerable surge in drawbridge openings in the fall
and spring.
The following bridges will be included in the test deviation: The
Union Pacific Railroad Bridge, mile 0.59, over the Milwaukee River with
a vertical clearance in the closed position of 7 feet above internet
Great Lakes Datum of 1985 (IGLD85). The Broadway Street Bridge, mile
0.79, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Water Street Bridge, mile 0.94,
over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The St. Paul Avenue Bridge, mile
1.21, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Clybourn Street Bridge, mile
1.28, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. Michigan Street Bridge, mile 1.37,
over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Wisconsin Avenue Bridge, mile
1.46, over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Wells Street Bridge, mile 1.61,
over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Kilbourn Avenue Bridge, mile
1.70, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The State Street Bridge, mile 1.79,
over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Highland Avenue Pedestrian
Bridge, mile 1.97, over the Milwaukee River with a vertical clearance
in the closed position of 12 feet above IGLD85. The Juneau Avenue
Bridge, mile 2.06, over the Milwaukee River with a vertical clearance
in the closed position of 14 feet above IGLD85. The Knapp Street/Park
Freeway Bridge, mile 2.14, over the Milwaukee River with a vertical
clearance in the closed position of 16 feet above IGLD85. The Cherry
Street Bridge, mile 2.29, over the Milwaukee River with a vertical
clearance in the closed position of 14 feet above IGLD85. The Pleasant
Street Bridge, mile 2.58, over the Milwaukee River with a vertical
clearance in the closed position of 14 feet above IGLD85. The Canadian
Pacific Railroad Bridge, mile 1.05, over the Menomonee River with a
vertical clearance in the closed position of 8 feet above IGLD85. The
North Plankinton Avenue Bridge, mile 1.08, over the Menomonee River
with a vertical clearance in the closed position
[[Page 13518]]
of 14 feet above IGLD85. The North Sixth Street Bridge, mile 1.37, over
the Menomonee River with a vertical clearance in the closed position of
23 feet above IGLD85. The Ember Lane Bridge, mile 1.95, over the
Menomonee River with a vertical clearance in the closed position of 12
feet above IGLD85. The Sixteenth Street Bridge, mile 2.14, over the
Menomonee River with a vertical clearance in the closed position of 35
feet above IGLD85. The South Sixth Street Bridge, mile 1.51, over the
South Menomonee Canal with a vertical clearance in the closed position
of 8 feet above IGLD85. The Union Pacific Railroad Bridge, mile 1.19,
over the Kinnickinnic River with a vertical clearance in the closed
position of 8 feet above IGLD85. The Kinnickinnic Avenue Bridge, mile
1.67, over the Kinnickinnic River with a vertical clearance in the
closed position of 8 feet above IGLD85. The Canadian Pacific Railroad
Bridge, mile 1.67, over the Kinnickinnic River with a vertical
clearance in the closed position of 15 feet above IGLD85. Finally, the
South First Street Bridge, mile 1.78, over the Kinnickinnic River with
a vertical clearance in the closed position of 14 feet above IGLD85.
These bridges currently operate under Title 33 of the Code of Federal
Regulations (33 CFR) section 117.1093.
In response to downtown Milwaukee residents' concerns regarding a
pronounced increase in vehicular traffic in the area, the City of
Milwaukee has requested a complete review of the bridge regulations in
this area.
Over the years these regulations have been amended considerably.
This has had the effect of making them difficult to comprehend to the
average person. Additionally, the cyclic higher water levels over the
past 3 years and increased number of passenger vessels in the downtown
area have resulted in significantly more bridge openings. Finally, the
conversion of older business buildings into condominiums have increased
the evening vehicle traffic causing major traffic delays when the
bridges are lifted. While the Milwaukee River is the primary concern
with residents and mariners, this rulemaking proposes changes to the
language governing bridges in the entire Milwaukee Harbor area, for the
purpose of updating these regulations to accurately reflect the current
operational needs of these bridges and make them easier to understand
by the general public.
Currently, the Canadian Pacific Railroad Bridge at Mile 1.74 over
the Burnham Canal and the Sixth Street Bridge at Mile 1.37 over the
Menomonee River are closed by regulation and do not need to open for
the passage of vessels. The City of Milwaukee has requested that the
Sixteenth Street Bridge, mile 2.14, over the Menomonee River remain
closed and not open by regulation. No vessels have requested a bridge
opening in at least 10 years and the bridge provides a horizontal
clearance of 120 feet and a vertical clearance of 35 feet above IGLD85,
allowing most vessels to pass under the bridge without an opening. The
Coast Guard is working with the city of Milwaukee to convert the
Sixteenth Street Bridge to a fixed structure.
Ice has historically hindered or prevented navigation during the
winter months. For the last eight years the Coast Guard has authorized
the drawbridges to open on signal with a 12-hour advance notice of
arrival for vessels from November 19th to April 16th. After careful
review of the drawtender logs provided by the City of Milwaukee, the
Coast Guard proposes to allow all bridges to require a 12-hour advance
notice for openings from November 1st to April 15th each year.
The City of Milwaukee requested that from 11 p.m. to 7 a.m. daily,
the bridges would open on signal with a 2-hour advance notice. During
these hours the bridges would not be manned and roving drawtenders
would open the bridges for vessels. After reviewing the 2016, 2017, and
2018 drawtender logs it was found that for those hours between April
and November of each year an average of 45 vessels requested openings.
Of these requests an average of 32 openings were between the hours of
11 p.m. and midnight. From midnight to 7 a.m. there were only 13
vessels that requested openings. After reviewing the data we have
concluded that due to a lack of openings from midnight to 7 a.m. that a
two-hour advance notice of arrival for a bridge opening meets the
reasonable needs of navigation.
The City of Milwaukee also reported receiving several complaints
from residents in the downtown area concerning the noise associated
with the waterfront. To improve the quality of downtown living we
propose to remove the special sound signals listed in the CFR for each
bridge. Mariners would request openings by using the standard sound
signal of one prolonged blast followed by one short blast or by
agreement on VHF-FM Marine Radio or by telephone. From Midnight to 7
a.m. the bridges would require a 2-hour advance notice of arrival
provided by VHF-FM Marine Radio or by telephone, thus reducing some of
the noise associated with the waterfront.
The City of Milwaukee requests to operate the following bridges
remotely: North Plankinton Avenue, mile 1.08, North Sixth Street, mile
1.37, and North Ember Lane, mile 1.95, all over the Menomonee River.
Each remotely operated bridge will have sufficient equipment to operate
as if a drawtender is in attendance at the bridge. No drawtender will
be responsible for monitoring or operating more than 3 drawbridges at
any time. At a minimum each remotely operated drawbridge will have the
capabilities to communicate by 2-way public address system, equipment
capable of making appropriate sound signals as required, and have
adequate camera systems in place to safely operate the bridge.
The current regulation allows for no openings from 7:30 a.m. to
8:30 a.m. and from 4:30 p.m. to 5:30 p.m. for vehicular rush hours. The
city has requested to start the evening rush hour at 4 p.m. instead of
4:30 p.m. to help relieve vehicle congestion. The city of Milwaukee
provided the following vehicle data compiled by the Wisconsin
Department of Transportation to support the additional 30 minutes of
evening rush hour times. We have averaged the data into the following
table:
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Daily average vehicle Average vehicle counts Average vehicle counts 4 Average vehicle counts
Bridge name counts 4:30 p.m. to 5:30 p.m. p.m. to 4:30 p.m. 4:00 p.m. to 5:30 p.m.
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Broadway............................ 11,201..................... 1,582...................... 332........................ 1,914.
Water St............................ 17,753..................... 1,669...................... 742........................ 2,411.
St Paul Ave......................... 10,344..................... No Data.................... No Data.................... No Data.
Clybourn St......................... 11,262..................... 955........................ 848........................ 1,803.
Michigan St......................... 10,484..................... 1,202...................... 304........................ 1,506.
Wisconsin Ave....................... 10,423..................... 1,144...................... 323........................ 1,467.
Wells St............................ 8,372...................... 1,114...................... 295........................ 1,409.
Kilbourn Ave........................ 15,590..................... No Data.................... No Data.................... No Data.
[[Page 13519]]
Juneau Ave.......................... 7,265...................... No Data.................... No Data.................... No Data.
Cherry St........................... No Data.................... No Data.................... No Data.................... No Data.
Pleasant St......................... 6,307...................... No Data.................... 882 PEAK................... No Data.
Knapp St............................ 20,792..................... No Data.................... No Data.................... No Data.
Kinnickinnic Ave.................... 17,019..................... No Data.................... No Data.................... No Data.
South First St...................... 12,992..................... No Data.................... No Data.................... No Data.
North Plankinton Ave................ 6,578...................... No Data.................... 768 PEAK Daily............. No Data.
North 6th St........................ 15,045..................... No Data.................... No Data.................... No Data.
South 6th St........................ 15,045..................... No Data.................... No Data.................... No Data.
(Muskego) Emmber Ln................. 4,616...................... No Data.................... No Data.................... No Data.
1st Street.......................... 13,772..................... No Data.................... 902........................ 4,107.
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Based on the data provided we intend to extend the rush hour times of
no lifts to 4 p.m. to 5:30 p.m. Monday through Friday, except Federal
Holidays.
Additionally, at the time when the original regulation was being
written the stipulating regulation regarding the opening of bridges for
public safety vessels had not yet been promulgated. An exception was
included for vessels carrying U.S. mail and vessels that carry over 50
passengers for hire. The mail service no longer arrives by vessel.
Limiting the exclusion by passenger count excludes other commercial
vessels from transiting the river. This exclusion is only for the times
the bridges do not need to open during high traffic times. During the
test deviation, which is planned for the summer of 2020, the intent is
to modify this exception to read: ``vessels documented at 10 tons or
more.'' This prevents tug and barge, cement boats, some passenger
vessels, and other large vessels (commercial or recreational) from
getting trapped between bridges, which creates an especially unsafe
condition.
The new exemption only prevents vessels from being trapped between
bridges and does not exempt vessels from any times the bridges are not
required to open. In other Great Lakes ports exemptions are allowed for
safety reasons, it prevents a large vessel from station keeping in a
restricted area with other smaller craft that could be damaged from the
larger vessel. Additionally, if all commercial vessels were given a
complete exemption to the periods where no bridge openings are
required, also known as ``Rush Hours,'' then there would be no relief
for the traffic congestion the downtown area is experiencing.
The two-hour advance notice requirement for all other bridges as
noted in the ANPRM, has been in place since 1965 with no request to
amend it. Most of these bridges have a clearance of 14 feet above
IGLD85 or have limited requests for openings.
The test deviation will start at midnight on April 15, 2020 and end
at midnight on November 1, 2020.
The operating schedule authorized:
The draws of the bridges over the Milwaukee River shall operate as
follows:
(1) The draws of the North Broadway Street bridge, mile 0.5, and
North Water Street bridge, mile 0.6, and Michigan Street bridge, mile
1.1, shall open on signal; except that, from April 16th through
November 1st, from 7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal holidays, the draws need not be
opened, and from midnight to 7 a.m. Monday through Saturday, except
Federal holidays, the bridges will open on signal if a 2-hour advance
notice is provided.
(2) The draws of all other bridges across the Milwaukee River shall
open on signal if at least 2-hours' notice is given except that, from
April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4
p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the
draws need not be opened.
(3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section; St
Paul Avenue, mile 1.21, Clybourn Street, mile 1.28, Wells Street, mile
1.61, Kilbourn Street, mile 1.70, State Street, mile 1.79, Highland
Avenue, mile 1.97, and Knapp Street, mile 2.14.
(4) No vessel documented 10 tons or greater shall be held between
any bridge at any time and must be passed as soon as possible.
(5) From November 2nd through April 15th, all drawbridges over the
Milwaukee River will open on signal if a 12-hour advance notice is
provided. The draws of bridges across the Menomonee River and South
Menomonee Canal operate as follows:
(1) The draw of the North Plankinton Avenue bridge across the
Menomonee River, mile 1.08, shall open on signal; except that, from
April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4
p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the
draws need not be opened, and from midnight to 7 a.m. Monday through
Friday, except Federal holidays, the bridges will open on signal if a
2-hour advance notice is provided.
(2) The draws of all other bridges across the Menomonee River and
South Menomonee Canal shall open on signal if at least 2-hours' notice
is given except that, from April 16th through November 1st, from 7:30
a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m. Monday through Friday,
except Federal holidays, the draws need not be opened.
(3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section;
North Plankinton Avenue, mile 1.08, North Sixth Street, mile 1.37, and
North Ember Lane, mile 1.95, all over the Menomonee River and South
Sixth Street, mile 1.51, over the South Menomonee Canal.
(4) No commercial vessel over 50 tons shall be held between any
bridge at any time and must be passed as soon as possible.
(5) From November 2nd through April 15th, all drawbridges over the
Menomonee River and South Menomonee Canal will open on signal if a 12-
hour advance notice is provided.
The draws of bridges across the Kinnickinnic River operate as
follows:
(1) The draw of the Kinnickinnic Avenue bridge, mile 1.5, shall
open on signal; except that, from April 16th through November 1st, from
7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m. Monday through
Friday, except Federal holidays, the draws need not be opened, and from
midnight to 7 a.m. Monday through Friday, except Federal holidays, the
bridges will open on signal if a 2-hour advance notice is provided.
(2) The draws of all other bridges across the Kinnickinnic River
shall open on signal if at least 2-hours' notice is given except that,
from April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and
from 4 p.m. to 5:30 p.m.
[[Page 13520]]
Monday through Friday, except Federal holidays, the draws need not be
opened.
(3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section; The
South First Street Bridge, mile 1.78.
(4) No commercial vessel over 50 tons shall be held between any
bridge at any time and must be passed as soon as possible.
(5) From November 2nd through April 15th, all drawbridges over the
Kinnickinnic River will open on signal if a 12-hour advance notice is
provided.
The Canadian Pacific Railroad Bridge at Mile 1.74 over the Burnham
Canal, and the Sixteenth Street Bridge, mile 2.14, over the Menomonee
River are closed by regulation and do not need to open for the passage
of vessels.
During non-special event weekdays the owners of all affected
bridges will provide records showing the dates and times of bridge
openings and the type of vessels the bridge opened for. The city of
Milwaukee will also provide information on the vehicle congestion
caused or improved by the temporary deviation by providing the number
of vehicles waiting for the bridge to close after a vessel passes.
Because we took into consideration the comments from the ANPRM,
vehicle counts, and past three years of vehicle counts, we believe the
test deviation will have a limited impact on vessels.
The city of Milwaukee held public discussions about the potential
rule change through public works meetings conducted throughout the
summer of 2018. Prior to asking for our review, this office reached out
to several commercial vessels which operate on the affected waterways
prior to the release of the ANPRM. These actions were aimed at
developing a test deviation that took all pertinent comments and
concerns under consideration.
Vessels that can safely pass under the bridge without an opening
may do so at any time. The Coast Guard will also inform the users of
the waterways of the change in operating schedule for the bridges
through our Local and Broadcast Notices to Mariners.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.
II. 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.
Should 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. 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.
Dated: February 25, 2020.
D. L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-04659 Filed 3-6-20; 8:45 am]
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