[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Rules and Regulations]
[Pages 79255-79257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28130]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2021-0336]
RIN 1625-AA09


Drawbridge Operation Regulation; Fox River, Oshkosh, WI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is amending the operating schedule that 
governs the Tayco Street Bridge, mile 37.52, the Main Street Bridge, 
mile 55.97, the Jackson Street Bridge, mile 56.22, the Wisconsin Street 
Bridge, mile 56.72, and the Congress Avenue Bridge, mile 58.01, all 
over the Fox River near Oshkosh, Wisconsin. This rule will allow the 
bridges to operate remotely and will not change the operating schedule 
of the bridge. The Wisconsin Department of Transportation (WisDOT) 
requested the change.

DATES: This rule is effective January 26, 2023.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov. Type the 
docket number USCG-2021-0336 in the ``SEARCH'' box and click 
``SEARCH''. In the Document Type column, select ``Supporting & Related 
Material.''

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
Sec.  Section
U.S.C. United States Code
WisDOT Wisconsin Department of Transportation

II. Background Information and Regulatory History

    On July 6, 2021, we published a notice of temporary deviation from 
regulations and request for comments in the Federal Register (86 FR 
35402). Weaccepted comments until November 1, 2021. This deviation 
allowed mariners to experience the proposed regulation and comment 
about the

[[Page 79256]]

operations of the bridges. We received nine comments that we addressed 
and incorporated into the NPRM that we published in the Federal 
Register (87 FR 18751) on March 31, 2022. We solicited comments on the 
NPRM until May 31, 2022, and we did not receive any additional 
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Main Street Bridge, mile 55.97, provides a horizontal clearance 
of 89 feet and a vertical clearance of 11 feet in the closed position, 
the Jackson Street Bridge, mile 56.22, provides a horizontal clearance 
of 97 feet and a vertical clearance of 11 feet in the closed position, 
the Wisconsin Street Bridge, mile 56.72, provides a horizontal 
clearance of 75 feet and a vertical clearance of 12 feet in the closed 
position, the Congress Avenue Bridge, mile 58.01, provides a horizontal 
clearance of 75 feet and a vertical clearance of 13 feet in the closed 
position, and the Tayco Street Bridge provides a horizontal clearance 
of 63 feet and a vertical clearance of 3 feet in the closed position. 
All of these bridges are over the Fox River and provide an unlimited 
clearance in the open position, and are governed by the regulations 
found in 33 CFR 117.1087.
    The WisDOT requested to operate these bridges remotely and this 
required an update to the CFR and a sufficient public comment period on 
the bridge operations before any changes were made. This will not 
change the schedule of the bridges.
    Because this rule will not change the bridge schedule or the 
movement of vehicles over the bridges, vehicle counts were not 
consulted.
    Approximately 100 powered and unpowered recreational vessels pass 
through these bridges every day during the summer. Commercial salvage 
and construction vessels use the waterway in limited numbers.

IV. Discussion of Comments, Changes and the Final Rule

    During the Test Deviation, we provided a comment period of 180 days 
and received 9 comments that were used to develop and publish the NPRM; 
the NPRM provided an additional 60 days for the public to comment. We 
did not receive any additional comments pursuant to the NPRM.

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.

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 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 (OMB).
    There will be no burden to any mode of transportation. The only 
change is the bridges will operate remotely.

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 will 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 V. A 
above, this rule will 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 (Pub. L. 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 
section.
    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 does 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.
    We did not receive any comments from any Indian Tribal Governments.

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. We did not receive any comments from State, local, or 
tribal governments.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01, Rev.1, associated implementing 
instructions, and Environmental Planning Policy COMDTINST 5090.1 
(series) which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The 
Coast Guard has determined

[[Page 79257]]

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 rule promulgates the operating regulations or 
procedures for drawbridges and is categorically excluded from further 
review, under paragraph L49, of Chapter 3, Table3-1 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.

List of Subjects in 33 CFR Part 117

    Bridges.
    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; and Department of 
Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  117.1087 by adding paragraph (b)(3) to read as follows:


Sec.  117.1087  Fox River.

* * * * *
    (b) * * *
    (3) All drawbridges between mile 37.52 and 58.01, are authorized to 
be operated remotely, and are required to operate and maintain a VHF-FM 
Marine Radio.
* * * * *

M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2022-28130 Filed 12-23-22; 8:45 am]
BILLING CODE 9110-04-P