[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Proposed Rules]
[Pages 24396-24398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07366]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2024-0018]
RIN 1625-AA09


Drawbridge Operation Regulation; Milwaukee, Menomonee, and 
Kinnikinnic Rivers, and South Menomonee and Burnham Canals

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily modify the operating 
schedule that governs the Cherry Street Bridge, mile 2.29, over the 
Milwaukee River. The City of Milwaukee has requested this temporary 
deviation to

[[Page 24397]]

allow contractors to complete an extensive rehabilitation of the 
bridge. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before June 7, 2024.
    The Coast Guard anticipates that this proposed rule will be 
effective from July 22, 2024, through November 1, 2025.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0018 using Federal Decision-Making Portal at https://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in 
this same docket.

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
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The Milwaukee River is 104 miles long with the lower 3.22 miles 
considered navigable by vessels coming from Lake Michigan. The 
Milwaukee River is crossed by twenty-two bridges, fifteen of which are 
movable bridges. The river is used by commercial and recreational 
vessels, including both powered and unpowered vessels. The primary 
commercial vessels are passenger vessels whose regular routes travel 
from Lake Michigan to the Knapp Street Bridge, mile 2.14, over the 
Milwaukee River. The head of navigation for the Milwaukee River is just 
upriver of the Humbolt Avenue Bridge, mile 3.22, over the Milwaukee 
River.
    The Cherry Street Bridge, mile 2.29, over the Milwaukee River, is a 
double leaf bascule bridge that provides a horizontal clearance of 80-
feet and a vertical clearance of 14-feet in the closed position and an 
unlimited clearance in the open position based on LWD.

III. Discussion of Proposed Rule

    The Cherry Street Bridge requires extensive electrical 
rehabilitation, including a new submarine cable to be installed under 
the river bottom that will prevent the bridge from opening. This type 
of work is typically completed during the winter months when vessel 
traffic is at its lowest. However, Milwaukee is hosting a national 
convention of nationwide significance in July 2024, and construction 
can not start until the convention concludes.
    The vessels that normally transit the river are less than 40-feet 
wide but are over 14-feet in height. In order to accommodate their 
passage, one leaf of the bridge would remain open, except from November 
1 through April 1, when both leaves would be secured and unable to open 
for any vessels.
    The local DOT and City Offices provided a public information 
meeting in June 2023 and the proceedings can be viewed by visiting the 
City of Milwaukee Department of Public Works web page, available at 
https://city.milwaukee.gov/dpw.
    The U.S. Army Corps of Engineers will approve the installment of 
the submarine cable.

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.

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 proposed rule has not been designated a 
``significant regulatory action,'' under section 3(f) of Executive 
Order 12866, as amended by Executive Order 14094 (Modernizing 
Regulatory Review). Accordingly, the NPRM has not been reviewed by the 
Office of Management and Budget (OMB).
    This regulatory action determination is based on the continuing 
ability of vessels to transit the bridge through the one open leaf 
during the summer and that the closure of both leaves will occur during 
a period when ice historically prevents vessel navigation.

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.
    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 proposed 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. 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 Governments

    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.

[[Page 24398]]

    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.

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, 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 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 such 
actions are 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2024-0018 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. 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.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, 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 of any posting or updates to the docket.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
in response to this document, see DHS's eRulemaking System of Records 
notice (85 FR 14226, March 11, 2020).

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; DHS Delegation No. 
00170.1. Revision No. 01.3.

0
2. In Sec.  117.1093 effective 8 a.m. on July 22, 2024, through 11:59 
p.m. on November 1, 2025, add paragraph (a)(6) to read as follows:


Sec.  117.1093   Milwaukee, Menomonee, and Kinnikinnic Rivers, and 
South Menomonee and Burnham Canals.

    (a) * * *
    (6) The draw of the Cherry Street Bridge, mile 2.29, over the 
Milwaukee River, will, from July 22, 2024, through October 31, 2024, 
secure one bridge leaf in the down position and operate the other 
bridge leaf normally for the passage of vessels. From November 1, 2024, 
through April 1, 2025, both leaves will be secured in the down position 
and the bridge will not open for the passage of vessels.
* * * * *

Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2024-07366 Filed 4-5-24; 8:45 am]
BILLING CODE 9110-04-P