[Federal Register: October 13, 2005 (Volume 70, Number 197)]
[Rules and Regulations]
[Page 59655-59657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc05-18]
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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: Final rule.
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SUMMARY: The Coast Guard is revising the operating regulations for
highway drawbridges to establish permanent winter operating hours, and
to establish operating regulations for two Canadian National Railway
drawbridges, all located over the Fox River in Green Bay and DePere,
WI. The revised regulation establishes permanent winter operating
schedules for all drawbridges during winter months while still
providing for the reasonable needs of navigation.
DATES: This rule is effective November 14, 2005.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket [CGD09-05-081] and are available for inspection or
copying at Commander (obr), Ninth Coast Guard District, 1240 E. Ninth
Street, Room 2025, Cleveland, Ohio 44199-2060, 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:
Regulatory History
On August 10, 2005, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulations; Fox River, Green
Bay, WI and DePere, WI,'' in the Federal Register (70 FR 46441). We
received no letters commenting on the proposed rule. No public meeting
was requested, and none was held.
Background and Purpose
The U.S. Coast Guard, at the request of Wisconsin Department of
Transportation (WI-DOT), is modifying the existing operating schedule
of the Main Street, Walnut Street, Mason Street (Tilleman Memorial),
and George Street highway drawbridges between miles 1.58 and 7.27, and
the two Canadian National Railway drawbridges at miles 1.03 and 3.31,
respectively, over Fox River. The modified regulation primarily
establishes permanent winter operating schedules for each drawbridge in
lieu of the annual winter authorization granted by Commander, Ninth
Coast Guard District, under the authority of 33 CFR 117.45.
All highway drawbridges 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, tugs, and commercial vessels with a cargo capacity of 300
short tons or over, which are passed at all times. As noted, these
drawbridges were granted yearly authorization to alter their operating
schedules between December 15 and April 1 since approximately 1992.
The railroad drawbridges operated by Canadian National Railway at
miles 1.03 and 3.31 over Fox River are swing bridges and currently have
no permanent operating regulations, which requires the drawbridges to
open on signal for vessels year-round, 24 hours per day. The Ninth
Coast Guard District has also granted a yearly winter operating
schedule for the railroad drawbridges from December 15 to April 1 each
year since approximately 1992.
WI-DOT requested that the Coast Guard implement a permanent winter
operating schedule for the Walnut Street and Mason Street (Tilleman
Memorial) drawbridges between December 1 and April 1 each year. The
Coast Guard expanded the review of all drawbridge regulations on Fox
River to include the
[[Page 59656]]
remaining highway drawbridges and the railroad drawbridges.
The Coast Guard requested 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. The two highway bridges were
considered representative of all drawbridges in Green Bay. The logs
revealed that the request to begin winter operating hours on December 1
instead of December 15 was reasonable. 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. During the yearly winter authorization granted for
the highway and railroad drawbridges since 1992, the Coast Guard
received no complaints regarding this schedule.
Discussion of Comments and Changes
No comments or letters were received in response to the NPRM. No
changes to the proposed regulation were made.
Regulatory Evaluation
This 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).
The Coast Guard expects minimal public impact from this rule. 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 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 rule will
not have a significant economic impact on a substantial number of small
entities. This is because the new schedule for all highway and railroad
drawbridges will not significantly affect large commercial vessels
during the winter navigation season. Impacts to a substantial number of
small entities will not occur since these entities mostly operate
during non-winter months.
Assistance for Small Entities
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 so that they could better evaluate
its effects on them and participate in the rulemaking process.
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).
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).
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 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 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 rule will 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 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 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 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.
Energy Effects
We have analyzed this 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
[[Page 59657]]
explanation of why using these standards would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D,
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 rule is categorically excluded, under figure 2-1,
paragraph (32)(e) of the Instruction, from further environmental
documentation. This rule involves modifying or establishing drawbridge
operation regulations to reflect standard practices for drawbridge
operating schedules during winter months on the Great Lakes, and will
not have any impact on the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out 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; 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.
0
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 vessels
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 vessels 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 vessels time of intended
passage.
* * * * *
Dated: September 30, 2005.
R.J. Papp, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 05-20468 Filed 10-12-05; 8:45 am]
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