[Federal Register: August 10, 2005 (Volume 70, Number 153)]
[Proposed Rules]
[Page 46441-46444]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au05-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD09-05-081]
RIN 1625-AA09
Drawbridge Operation Regulations; Fox River, Green Bay, WI and
DePere, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to revise the operating regulations
for the Main Street, Walnut Street, Mason Street (Tilleman Memorial),
and George Street highway drawbridges to establish permanent winter
operating hours, and to establish operating regulations for two
Canadian National Railway drawbridges. All six of these drawbridges are
located over the Fox River at Green Bay, WI and DePere, WI. The
proposed rule is expected to reflect the need for bridge openings
during
[[Page 46442]]
winter months and still provide for the reasonable needs of navigation.
The proposed establishment of regulations for the Canadian National
drawbridges would provide consistency for operating regulations for all
drawbridges at Green Bay and DePere.
DATES: Comments and related material must reach the Coast Guard on or
before September 26, 2005.
ADDRESSES: You may mail comments and related material to Commander
(obr), Ninth Coast Guard District, 1240 E. 9th Street, Room 2025,
Cleveland, Ohio, 44199-2060. The Ninth Coast Guard District maintains
the public docket for this rulemaking. Comments and material received
from the public, as well as documents indicated in this preamble as
being available in the docket, will become part of this docket and will
be available for inspection or copying at Commander (obr), Ninth Coast
Guard District between 7 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Scot M. Striffler, Bridge Management
Specialist, Ninth Coast Guard District, at (216) 902-6087.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD09-05-
081), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (obr), Ninth Coast Guard
District, at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
The four highway drawbridges over the Fox River between miles 1.58
and 7.27 are bascule bridges operated by both the Wisconsin Department
of Transportation (W-DOT) and the City of Green Bay, WI. The Main
Street and Mason Street Bridges are operated by W-DOT, and the Walnut
Street and George Street Bridges are operated by the City of Green Bay.
The Main Street, Mason Street, and Walnut Street Bridges at Green Bay
are currently required to operate year-round and open on signal, except
between the hours of 7 a.m. to 8 a.m., 12 noon to 1 p.m., and 4 p.m. to
5 p.m., Monday through Saturday, except for Federal holidays. This
schedule does not apply to public vessels of the United States, tugs,
fireboats, and vessels with a cargo capacity of 300 short tons or over
engaged in commercial transportation, which are passed at any time.
The George Street Bridge at DePere opens on signal during the
navigation season, except from 6 p.m. to 8 a.m. During those hours, the
draw shall open on signal if at least two hours notice is given.
The railroad drawbridges operated by Canadian National Railway at
miles 1.03 and 3.31 over the Fox River are swing bridges, currently
have no permanent operating regulations, and open on signal for vessels
year-round, 24 hours per day.
The Ninth Coast Guard District has granted a yearly winter
operating schedule for both the highway and railroad drawbridges under
the provisions of 33 CFR 117.45 from December 15 to April 1 each year
since approximately 1992.
W-DOT requested that the Coast Guard implement a permanent winter
operating schedule for the Walnut Street and Mason Street drawbridges
between December 1 and April 1 each year. The Coast Guard requested
that drawbridge opening logs be provided for these two bridges for the
month of December since the yearly authorization granted by the Coast
Guard started on December 15 instead of the requested December 1 start
date. Vessels traveling as far as the Mason Street Bridge must pass
through one of the railroad bridges and all other highway bridges in
Green Bay. Consequently, the Coast Guard evaluated the provided logs as
representative of drawbridge requirements for all drawbridges in Green
Bay.
The bridge opening logs revealed the following number of drawbridge
openings during the month of December in 2002, 2003, and 2004:
------------------------------------------------------------------------
Number of
Year openings
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Walnut Street Bridge (between December 1 and December 15)
------------------------------------------------------------------------
2002....................................................... 60
2003....................................................... 11
2004....................................................... 15
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Walnut Street Bridge (between December 16 and December 31)
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2002....................................................... 27
2003....................................................... 18
2004....................................................... 13
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Mason Street Bridge (between December 1 and December 15)
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2002....................................................... 50
2003....................................................... 4
2004....................................................... 10
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Mason Street Bridge (between December 16 and December 31)
------------------------------------------------------------------------
2002....................................................... 16
2003....................................................... 15
2004....................................................... 8
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The Coast Guard also contacted the City of Green Bay about
including the Main Street drawbridge in this proposed change and
received no objection to the proposed schedule. Local Coast Guard units
and representatives of American shipping companies were also consulted
regarding the proposed schedule and provided no objections. The
Canadian National Railway drawbridges would operate under the same
schedules as the highway drawbridges, as requested by the railroad
company in the past.
Discussion of Proposed Rule
The Coast Guard proposes to revise the operating regulations for
the Main Street, Walnut Street, Mason Street, and George Street highway
drawbridges currently listed in 33 CFR 117.1087, and establish
permanent operating regulations for the two Canadian National Railway
drawbridges over the Fox River, mile 1.03 and mile 3.31, both at Green
Bay.
This proposed schedule would not significantly alter drawbridge
operations in the Green Bay area during the non-winter navigation
season. The proposed rule would permanently establish winter operating
schedules for all drawbridges on the Fox River up to and including the
George Street Bridge at mile 7.27, instead of the yearly authorization
currently granted by the Coast Guard under 33 CFR 117.45. Between
December 1 and March 31 of each year, all six of these drawbridges
would open if at least 12 hours advance notice is provided.
[[Page 46443]]
The Coast Guard believes that this proposed schedule reflects the
reasonable needs of navigation for commercial vessel traffic requiring
drawbridge openings during the winter navigation season, provides
consistent operating schedules for all drawbridges owned and operated
by different owners (highway and rail), and reduces paperwork. The
winter operating schedules have been in place since approximately 1992
with no known objections or conflicts.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary.
The Coast Guard expects minimal public impact from the proposed
schedule. The operating hours for recreational vessels does not
effectively change since the substantive changes occur during winter
months when recreational vessel activity has ceased. Commercial vessels
have been required to provide 12-hours advance notice prior to passing
drawbridges since approximately 1992 with no reported problems.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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.
The proposed schedule for all highway and railroad drawbridges is
not expected to significantly affect large commercial vessels during
the winter navigation season. Impacts to a substantial number of small
entities are not expected since these entities mostly operate during
non-winter months.
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.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Scot M. Striffler, Bridge
Management Specialist, Ninth Coast Guard District, at (216) 902-6087.
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.
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).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are
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technical standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) that are developed or adopted by
voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Section 117.1087 is amended by revising paragraphs (a) and (b)
to read as follows:
Sec. 117.1087 Fox River.
(a) The draws of the Canadian National Bridge, mile 1.03, Main
Street Bridge, mile 1.58, Walnut Street Bridge, mile 1.81, Mason Street
(Tilleman Memorial) Bridge, mile 2.27, and Canadian National Bridge,
mile 3.31, all at Green Bay, shall open as follows:
(1) From April 1 through November 30, the draws shall open on
signal for recreational vessels; except the draws need not open from 7
a.m. to 8 a.m., 12 noon to 1 p.m., and 4 p.m. to 5 p.m., Monday through
Saturday except Federal holidays. Public vessels, tugs, and commercial
vessels with a cargo capacity of 300 short tons or greater shall be
passed at all times.
(2) From December 1 through March 31, the draws shall open on
signal if notice is given at least 12 hours in advance of a vessel's
time of intended passage.
(3) The opening signal for the Main Street Bridge is two short
blasts followed by one prolonged blast, for the Walnut Street Bridge
one prolonged blast followed by two short blasts, and for the Mason
Street Bridge one prolonged blast, followed by one short blast,
followed by one prolonged blast.
(b) The draw of the George Street Bridge, mile 7.27 at DePere,
shall open on signal from April 1 to November 30; except that, from 6
p.m. to 8 a.m., the draw shall open on signal if notice is given at
least 2 hours in advance of a vessel's time of intended passage. From
December 1 to March 31, the draw shall open on signal if notice is
given at least 12 hours in advance of a vessel's time of intended
passage.
* * * * *
Dated: July 25, 2005.
R.J. Papp, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 05-15779 Filed 8-9-05; 8:45 am]
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