[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Proposed Rules]
[Pages 18925-18927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07437]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0056]
RIN 1625-AA09


Drawbridge Operation Regulation; Fox River, Oshkosh, WI

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to authorize the Canadian National 
Railroad Bridge, mile 55.72, across the Fox River to operate remotely. 
The request was made by the bridge owner. This proposed rule will re-
establish remote operations of the bridge and will not change the 
operating schedule of the bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before June 11, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0056 using Federal e-Rulemaking Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section

[[Page 18926]]

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
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Fox River is approximately 182 miles long and flows south then 
easterly through the town of Oshkosh, WI, then into Lake Winnebago 
before it turns north and flows to the Bay of Green Bay. The water 
levels on the Fox River, above De Pere, WI, are controlled by the Fox 
River Navigation Authority through a series of locks. The Canadian 
National Railroad Bridge is a single leaf bascule bridge that provides 
a horizontal clearance of 125 feet and a vertical clearance in the 
closed position of 6 feet and in the open position an unlimited 
clearance for a 62-foot width of the channel and 45 feet at the North 
Channel edge. The bridge is located near the west side of Lake 
Winnebago and because of the low clearance most vessels require it to 
open. During the summer, on average 100 recreational vessels request 
openings daily. The railroad bridge carries significant train traffic 
between the international border at Rainer, MN, and Chicago, IL.

III. Discussion of Proposed Rule

    In 2010 we published a NPRM to solicit comments concerning allowing 
the Canadian National Railroad Bridge, mile 55.72 to operate remotely 
(75 FR 76322, December 8, 2010; USCG-2010-1029). The public requested 
the bridge owner to install and maintain additional warning lights. The 
NPRM was withdrawn because the railroad refused to install and maintain 
the additional warning lights the public requested (76 FR 13312, March 
11, 2011). Recently, the Railroad has agreed that from April 27 through 
October 7 additional warning lights, specifically those alternating 
flashing red lights that mimic a Grade Crossing Signal commonly found 
at highway railroad crossing would be installed and maintained to warn 
mariners that the bridge was about to close. The remote operator shall 
also announce that the bridge is opening or closing on VHF-FM Marine 
Radiotelephone. The owners of the bridge shall maintain 2 board gauges 
in accordance with 33 CFR 118.160. The remote drawtender may be 
contacted by mariners at any time by radiotelephone or commercial phone 
number; this information shall be so posted on the bridge so that they 
are plainly visible to vessel operators approaching the up or 
downstream side of the bridge.
    The current winter operating schedule requiring vessels to provide 
at least 12-hours advance notice for a bridge opening during the winter 
will remain in effect. Additionally, the clearance gauges would still 
be required to indicate to vessels the water levels and clearance while 
the bridge is in the closed position. During the comment period, a 
tender will be at the bridge to allow the public to observe the 
proposed bridge operations. On September 2, 2020, in Federal Register 
at 85 FR 54496, we solicited comments from the summer's test schedule 
that ran from April 26, 2020 through September 2, 2020. No comments 
were received.

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. 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).
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge as if a tender was in attendance 
at the bridge.

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. The 
bridge will operate as it has for the past several years.
    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

[[Page 18927]]

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 rule under Department of Homeland Security 
Management Directive 023-01, U.S. Coast Guard Environmental Planning 
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental 
Planning Implementation Procedures (series) which guide the Coast Guard 
in complying with the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321-4370f). We have made a preliminary determination that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
proposed rule promulgates the operating regulations or procedures for 
drawbridges. Normally this action is categorically excluded from 
further review, under paragraph L49, of Chapter 3, Table 3-1 of the 
U.S. Coast Guard Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum 
for the Record are 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.

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 httpss://www.regulations.gov. If your material cannot be 
submitted using https://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 https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit https://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 https://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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Amend Sec.  117.1087 by revising paragraph (c) to read as follows:


Sec.  117.1087  Fox River.

* * * * *
    (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. The bridge is 
authorized to be operated remotely. The owners of the bridge shall 
provide and keep in good legible condition two board gauges painted 
white with black figures to indicate the vertical clearance under the 
closed draw at all water levels. The gauges shall be so placed on the 
bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream. The bridge shall 
operate and maintain a VHF-FM Marine Radio. In addition to the required 
bridge lights, the owner's shall install and maintain alternating red 
lights in a horizontal line that mimic grade crossing lights and bell 
to warn mariners that the bridge is lowering.
* * * * *

    Dated: April 5, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07437 Filed 4-9-21; 8:45 am]
BILLING CODE 9110-04-P