[Federal Register Volume 90, Number 97 (Wednesday, May 21, 2025)]
[Rules and Regulations]
[Pages 21694-21697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09136]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-0407]
Drawbridge Operation Regulation; Manitowoc River, Manitowoc, WI
AGENCY: Coast Guard, DHS.
ACTION: Temporary Interim Rule; request for comments.
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SUMMARY: The Coast Guard is issuing a temporary interim rule from the
operating schedule that governs the Eighth Street Bridge, mile 0.29 and
the Tenth Street Bridge, mile 0.43, over the Manitowoc River, in the
town of Manitowoc, Wisconsin. The City of Manitowoc has requested a
full review of the current bridge regulations to alleviate vehicle
congestion in downtown Manitowoc. The Coast Guard is seeking comments
from the public regarding this deviation and specifically on whether we
should make this drawbridge operation schedule permanent.
DATES: Effective May 22, 2025, 33 CFR 117.1089(a) is stayed until
November 30, 2025. The revision of 33 CFR 117.1089(b) in this rule is
also effective from May 22, 2025, until November 30, 2025.
Comments and related material must reach the Coast Guard on or
before July 31, 2025.
ADDRESSES: You may submit comments and view documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov. Type the docket number (USCG-2024-0407) 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 test
deviation, call or email Mr. Lee D. Soule, Bridge Management
Specialist, Ninth Coast Guard District; telephone 216-902-6085, email
[email protected].
[[Page 21695]]
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
NPRM Notice of proposed rulemaking
Pub. L. Public Law
SNPRM Supplemental notice of proposed rulemaking
S.S. Steam Powered Ship
Sec. Section
U.S.C. United States Code
WISDOT Wisconsin Department of Transportation
II. Background Information and Regulatory History
The Manitowoc River is 35.8 miles long and flows into Lake Michigan
at the town of Manitowoc, Wisconsin. Large commercial vessels, along
with powered and unpowered recreational vessels, use the navigable
portion of the river that extends from the mouth of the river to the
head of navigation at mile 2.33. There are two movable bridges over the
river.
The Eighth Street Bridge, mile 0.29 is a double leaf bascule bridge
that provides a horizontal clearance of 120 feet and a vertical
clearance of 12 feet above LWD in the closed position and an unlimited
clearance in the open position.
The Tenth Street Bridge, mile 0.43, is a double leaf bascule bridge
that provides a horizontal clearance of 120 feet and a vertical
clearance of 14 feet above LWD in the closed position and an unlimited
clearance in the open position.
Both bridges over the Manitowoc River have operated under a special
regulation (33 CFR 117.1089) since 1920, with the last modernization to
the regulation occurring in 1955. Since the last review, there have
been several important changes to commerce on the river. Specifically,
the Wisconsin Central Railroad Bascule Bridge and the Wisconsin Central
Railroad Swing Bridge that previously crossed the river have been
removed in their entirety. Additionally, the three ferries operated by
railroad companies have stopped servicing Manitowoc, Wisconsin.
The Coast Guard is issuing this temporary interim rule without
prior notice and opportunity to comment pursuant to authority under 5
U.S.C. 553(b). This provision authorizes an agency to issue a rule
without prior notice and opportunity to comment when the agency for
good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Under 5 U.S.C.
553(b), the Coast Guard finds that good cause exists for not publishing
a notice of proposed rulemaking with respect to this rule because it is
contrary to the public interest to delay the issuance of the rule and
the beneficial impacts it provides to the local community and users of
the waterway. The bridge is currently only required to remain closed to
navigation for short 10-minute periods during commuting hours causing
high vehicle congestion. This temporary operating schedule adjusts the
designated drawbridge opening times to assist with vehicle congestion.
We lack sufficient time to issue a proposed rule and consider comments
prior to needing to begin the temporary deviation to the operating
schedule.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because action is needed to respond to
change in drawbridge schedule starting on May 22, 2025. The Coast Guard
is soliciting comments on this temporary interim rule. If the Coast
Guard determines that changes to the temporary interim rule are
necessary, we will publish a temporary final rule or other appropriate
document. If the Coast Guard determines that no changes are necessary
to the schedule provided in this rule, we may finalize the operating
schedule as permanent upon completion of the approved deviation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499.
Public concern that vehicles unloaded from the ferry, the S.S.
Badger, brought to downtown Manitowoc from Ludington, Michigan were
causing vehicle traffic congestion at the Eighth Street Bridge, mile
0.29 and the Tenth Street Bridge, mile 0.43, prompted the City of
Manitowoc, Wisconsin, to request special bridge hours when the S.S.
Badger unloads vehicles. After a formal inquiry into the operations of
the S.S. Badger, it was determined that their slow loading and
offloading process did not cause vehicle congestion to downtown
Manitowoc.
Thus, to improve the flow of vehicles across the city, WisDOT, in
cooperation with the City of Manitowoc, completed studies to make
roadway improvements. The studies indicated that a combined 20,600
vehicles cross over the Eighth Street Bridge, mile 0.29 and the Tenth
Street Bridge, mile 0.43, daily. Proposed solutions to traffic
congestion include instituting one-way traffic on each bridge to
facilitate efficient traffic flows. To further ease vehicle congestion,
the state of Wisconsin has designed a roundabout to the north and south
of the bridges to alleviate vehicles sitting at traffic lights or stop
signs. This will help create a better flow of vehicles rather than
several small surges of vehicles trying to cross the bridges.
In order to try to minimize traffic congestion in downtown
Manitowoc and to meet the reasonable needs of navigation, the Coast
Guard will be authorizing a TIR for the Eighth Street Bridge, mile 0.29
and the Tenth Street Bridge, mile 0.43, to allow the public to test the
proposed regulation and comment on its effectiveness.
After reviewing drawtender logs for each of the two bridges, we
discovered each bridge opens over 500 times annually, and most openings
occur between May and October of each year. Of the total openings,
approximately 237 openings were done to accommodate recreational
vessels, and 263 openings were done to accommodate commercial vessels.
This data provides a roughly equal balance of openings between the
primary vessel types (recreational and commercial).
Currently, the regulations provide that, from April 1 through
October 31, the bridges provide two 10-minute periods (6:50 a.m. to 7
a.m., and 7:50 a.m. to 8 a.m.) and two 15-minute periods (11:55 a.m. to
12:10 p.m., and 12:45 p.m. to 1 p.m.) each day, during which the bridge
need not open, to alleviate vehicle congestion at the bridges. The
regulations also include a 6-hour advance notice required for openings
during a 6-hour period between 10:30 p.m. to 4:30 a.m. The current
regulation was drafted by the railroads and approved by the United
States Department of War one hundred and four years ago. The regulation
was groundbreaking when it was first conceived, but by modern
standards, operations of the bridge are cumbersome, as the existing
regulation does not account for the increase in population. It is also
outdated by the loss of the original railroads. Four short periods to
allow vehicles to cross the bridges is an antiquated process that does
not meet the current need of land transportation. We reviewed the
hourly vehicular traffic logs from the city and discovered each bridge
handles over 10,500 cars daily with three hours that peak for vehicle
crossings. The three periods are in the morning while people are
traveling to work, mid-day when people are traveling for lunch, and
evening when people tend to leave work for home. The vehicle counts
provided by the city show 1610 vehicles on
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average cross the bridges in the morning rush hour from 7 a.m. to 8
a.m., 2370 vehicles cross the bridge a from 11 a.m. to noon, and 2855
vehicles cross the bridges from 4 p.m. to 5 p.m. These three rush-hours
combined for both bridges would facilitate 6835 vehicles throughout
downtown.
IV. Discussion of the Rule
Under the new regulation, the times the bridges remain closed to
alleviate motor vehicle traffic congestion will be scheduled for three
separate hour-long periods during the morning (7 a.m. to 8 a.m.),
midday (11 a.m. to noon), and evening (4 p.m. to 5 p.m.) rush-hours
when traffic is the busiest. If the bridges remain open during these
times, based on the rush hour traffic patterns, the roads will become
more congested, making it difficult for vehicles to travel efficiently.
As more drivers learn of these mandated periods where the bridge is not
required to open, we speculate more drivers will adjust their schedules
to cross the bridges during these times.
Furthermore, the old regulation requires special sound signals to
request openings for each bridge. This is an antiquated system long
overtaken by the utility and popularity of VHF-FM Marine Radios and
cellular telephones (utilized in most vessel calls to the bridges when
requesting openings). By removing these specialized series of horn
blasts in the new regulation, we will simplify the process and make the
rule easier to understand and remember.
Weekend and holiday tourism patterns diverge heavily from weekday
patterns. As a result, on weekends and holidays, the bridges will open
on signal during the day, but not during the evenings. This change will
avoid impeding trade or travel levels typically associated with these
traditional non-working days.
The current regulation allows for a deviation for six hours in the
evening from the general requirement in 33 CFR 117.7(a) to man the
drawbridge with drawtenders (10:30 p.m. to 4:30 a.m.) and requires
mariners to provide six hours advance notice when requesting bridge
openings. The current regulation is generally unaccommodating to
mariners and creates a potential safety risk to mariners seeking safe
harbor from storms. It requires a 6-hour notice for an opening, but the
closure itself is 6-hours in duration. As a result, ships traveling to
Manitowoc or leaving port who are running a little late from loading or
unloading cargo may need to wait until morning for the bridge to open.
To better accommodate vessels which may require an opening, we are
adjusting the evening and morning hours by 30 minutes (10 p.m. to 4
a.m.) and are also reducing the advance notice to 2 hours, instead of 6
hours, based on times when vessels seldom request openings.
The current regulation lists winter hours starting on November 1
and ending on March 31. Drawtender logs show the bridges open an
average of 75 times during the month of November. Moving the winter
hours to begin on December 1 would relieve the mariners from the burden
of the advance notice requirements in November and would allow the city
to have a drawtender on duty during the busy November months, without
recalling personnel to operate the bridges. Therefore, the new
regulation includes a provision changing the beginning of the winter
hours to December 1.
We are considering making this temporary interim rule's regulation
for the drawbridge operation permanent and request public comment on
that path.
On April 30, 2024, we emailed a draft copy of the proposed
temporary rule to the City of Manitowoc, Lake Carriers Association,
Rand Logistics Incorporated, and Chamber of Marine Commerce for initial
comments prior to publishing the test deviation on www.regulations.gov.
We did not receive any negative comments, but we did receive one
supporting comment by phone from a commercial mariner.
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. Your comments will help us determine if this operating
schedule should become the new permanent operating schedule.
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-2024-0407 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.
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 section 3(f) of Executive Order 12866.
Accordingly, it 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 given advanced notice.
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.
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
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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.
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.
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 rule promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Department of Homeland
Security Management Directive 023-01, Rev. 1, Table 1 and 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.
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; Department of Homeland
Security Delegation No. 0170.1. Revision No. 01.3
0
2. Amend Sec. 117.1089 by staying paragraph (a) and revising paragraph
(b) to read as follows:
Sec. 117.1089 Manitowoc River
* * * * *
(b) The draws of the Eighth Street Bridge, mile 0.29 and the Tenth
Street Bridge, mile 0.43, over the Manitowoc River at Manitowoc, shall
open on signal except that:
(1) From April 1 through November 30, Monday through Friday, the
bridges need not open from 7 a.m. to 8 a.m., and 11 a.m. to 12 p.m.,
and again from 4 p.m. to 5 p.m., except federal holidays. From 10 p.m.
to 4 a.m., the bridges will open on signal if provided a 2-hour advance
notice of arrival.
(2) From December 1 through March 31 the draws shall open on signal
if at least a 12-hour advance notice is given.
Dated: May 15, 2025.
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2025-09136 Filed 5-20-25; 8:45 am]
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