[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Rules and Regulations]
[Pages 26431-26432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11495]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2025-0534]
RIN 1625-AA09
Drawbridge Operation Regulation; East River, Green Bay, WI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the Monroe Avenue Bridge, Mile 0.3, over the East River
in Green Bay, Wisconsin. The drawbridge was replaced with a fixed
bridge in 1984, and the operating regulation listed in our regulations
is no longer applicable or necessary.
DATES: This rule is effective June 23, 2025.
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-2025-0534) 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 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
Pub. L. Public Law
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this final rule under the authority in 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 (NPRM) with respect to this rule
because the Monroe Avenue Bridge, mile 0.3, over the East River, that
once required draw operations in 33 CFR 117.1085, was replaced with a
fixed bridge in 1984. Therefore, the regulation is no longer applicable
and should be removed from publication. It is unnecessary to publish an
NPRM because this regulatory action does not purport to place any
restrictions on mariners but rather removes a restriction that has no
further use or value. In addition, it is unnecessary to solicit comment
and provide advance notice because there is no alternative drawbridge
schedule to propose now that it is a fixed bridge.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been a fixed bridge
for over 41 years and this rule merely requires an administrative
change to the Federal Register, to omit a regulatory requirement that
is no longer applicable or necessary. The modification has already
taken place, and the removal of the regulation will not affect mariners
currently operating on this waterway. Therefore, a delayed effective
date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Monroe Avenue Bridge, mile 0.3, over the East River at Green
Bay, Wisconsin was replaced with a fixed bridge in 1984. It has come to
the attention of the Coast Guard that the governing regulation for this
drawbridge was never removed subsequent to the replacement and
completion of the fixed bridge that replaced it. The elimination of
this drawbridge necessitates the removal of the drawbridge operation
regulation, 33 CFR 117.1085, that pertains to the former drawbridge.
The purpose of this rule is to remove the section of 33 CFR
117.1085 that refers to the Monroe Avenue Bridge, mile 0.3, over the
East River at Green Bay, from the Code of Federal Regulations since it
governs a bridge that is no longer able to be opened.
IV. Discussion of Final Rule
The Coast Guard is removing the regulation in 33 CFR 117.1085
related to the draw operations for this bridge because it is no longer
a drawbridge. The change removes the section of the regulation
governing the Monroe Avenue Bridge, mile 0.3, over the East River at
Green Bay since the bridge has been replaced with a fixed bridge. This
Final Rule seeks to update the Code of Federal Regulations by removing
language that governs the operation of the Monroe Avenue Bridge, mile
0.3, over the East River at Green Bay, which in fact is no longer a
drawbridge. This change does not affect waterway or land traffic.
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 since the bridge was
replaced and no longer operates as a drawbridge. The removal of the
operating schedule from 33 CFR 117 Subpart B will have no effect on the
movement of waterway or land traffic.
[[Page 26432]]
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 rule
will not have a significant economic impact on a substantial number of
small entities because of the length of time that has passed since the
bridge was replaced.
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 final rule would 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.
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 Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
List of Subjects in 33 CFR Part
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. 00170.1. Revision No. 01.3.
Sec. 117.1085 [Removed]
0
2. Remove Sec. 117.1085.
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2025-11495 Filed 6-20-25; 8:45 am]
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