Drawbridge Operation Regulation; Fox River, Green Bay, WI

Published date29 April 2019
Citation84 FR 17979
Record Number2019-08495
SectionProposed rules
CourtCoast Guard
Federal Register, Volume 84 Issue 82 (Monday, April 29, 2019)
[Federal Register Volume 84, Number 82 (Monday, April 29, 2019)]
                [Proposed Rules]
                [Pages 17979-17981]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-08495]
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                DEPARTMENT OF HOMELAND SECURITY
                Coast Guard
                33 CFR Part 117
                [Docket No. USCG-2019-0178]
                RIN 1625-AA09
                Drawbridge Operation Regulation; Fox River, Green Bay, WI
                AGENCY: Coast Guard, DHS.
                ACTION: Notice of proposed rulemaking.
                -----------------------------------------------------------------------
                SUMMARY: The Coast Guard proposes to authorize the Main Street Bridge,
                mile 1.58, the Walnut Street Bridge, mile 1.81, and the Tilleman
                Memorial Bridge, mile 2.27, all over the Fox River at Green Bay, WI to
                operate remotely. The request was made by WISDOT to operate all three
                bridges from the Walnut Street Bridge. This proposed rule will test the
                remote operations with tenders onsite, and will not change the
                operating schedule of the bridges.
                DATES: Comments and related material must reach the Coast Guard on or
                before October 28, 2019.
                ADDRESSES: You may submit comments identified by docket number USCG-
                2019-0178 using Federal eRulemaking Portal at http://www.regulations.gov.
                 See the ``Public Participation and Request for Comments'' portion
                of the SUPPLEMENTARY INFORMATION section below for instructions on
                submitting comments.
                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
                HDCCTV High Definition Closed Circuit Television
                IGLD85 International Great Lakes Datum of 1985
                IRCCTV Infrared Closed Circuit Television
                LWD Low Water Datum based on IGLD 85
                NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
                OMB Office of Management and Budget
                PLC Programmable Logic Control
                Sec. Section
                U.S.C. United States Code
                WI-FI Wireless Fidelity
                WISDOT Wisconsin Department of Transportation
                II. Background, Purpose and Legal Basis
                 Green Bay, Wisconsin, is located in the eastern portion of the
                state at the head or southwest end of Green Bay. The Bay is oriented
                northeast-southwest and is separated from Lake Michigan to the
                southeast by the Door Peninsula. Green Bay Harbor, at the mouth of Fox
                River at the south end of Green Bay, serves the cities of Green Bay,
                WI, and De Pere, WI. The major commodities handled at the port are
                coal, limestone, wood pulp, cement, aggregates and agricultural
                products. The dredged
                [[Page 17980]]
                entrance channel leads generally southwest through the shallow water in
                the south end of Green Bay for about 11.5 miles to the mouth of Fox
                River and thence upstream for about 7.2 miles to a turning basin at De
                Pere. There are three bascule bridges operated by WISDOT and the City
                of Green Bay: Main Street Bridge, mile 1.58, provides 120 feet
                horizontal and 12 feet vertical clearance in the closed position; the
                Walnut Street Bridge, mile 1.81, provides 124 feet horizontal and 11
                feet vertical clearance in the closed position; and the Tilleman
                Memorial Bridge, mile 2.27, provides 124 feet horizontal and 32 feet
                vertical clearance in the closed position.
                 The Coast Guard is issuing this NPRM under authority 33 U.S.C. 499.
                III. Discussion of Proposed Rule
                 Bridge owners are required to provide necessary drawtenders for the
                safe and prompt opening of a bridge and to respond to visual, sound, or
                radiotelephone communications for openings; unless, authorized by the
                U.S. Coast Guard District Commander to operate remotely.
                 This proposed rule will allow WISDOT and the City of Green Bay to
                operate all three bridges from the Walnut Street Bridge while keeping
                tenders at the Main Street and Tillman Memorial Bridge while the public
                observes and comments on the remote operations throughout the summer.
                 WISDOT stated that their updated PLC, HDCCT system and updated
                communications systems have improved the safety of bridge operations.
                These systems use a redundant closed band WI-FI network to communicate
                between the bridges. The tenders operating the three bridges will be
                City of Green Bay employees with WISDOT technical assistance. Three
                distinct consoles will be used to control the three bridges from the
                Walnut Street Bridge. WISDOT stated WI-FI security protocols are in
                place to prevent unauthorized bridge operations and there are no
                physical wires connecting the control panels to any of the bridges.
                 Additional IFCCTV systems are installed on the bridges to see
                vessels during limited visibility and WISDOT intends to have extra
                drawtenders available during heavy weather and high traffic events.
                WISDOT installed a public address system that allows 2-way voice
                communication between vessels and the remote tender and a remotely
                operated VHF-FM Marine Radiotelephone that monitors Channel 16.
                 This proposed rule will require a tender to be physically at the
                bridges to evaluate the remote operations and to intervene if there is
                a failure in the remote abilities. If remote operations are approved
                and there is a discrepancy with the remote equipment the tender from
                Walnut Street can open all three bridges manually within 30-minutes.
                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 and we discuss
                First Amendment rights of protestors.
                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. Executive Order 13771 directs agencies to control
                regulatory costs through a budgeting process. This NPRM has not been
                designated a ``significant regulatory action,'' under Executive Order
                12866. Accordingly, the NPRM has not been reviewed by the Office of
                Management and Budget (OMB) and pursuant to OMB guidance it is exempt
                from the requirements of Executive Order 13771.
                 This regulatory action determination is based on the ability that
                vessels can still transit the bridge and the bridge will continue to
                open as required in the current regulation.
                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 because
                the bridge will continue to open on signal.
                 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 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, above. 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 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 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.
                 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 above.
                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
                [[Page 17981]]
                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 proposed rule under Department of Homeland
                Security Management Directive 023-01 and 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 made a preliminary determination that this action is one of a
                category of actions which do not individually or cumulatively have a
                significant effect on the human environment. This proposed rule simply
                promulgates the operating regulations or procedures for drawbridges.
                Normally such actions are categorically excluded from further review,
                under figure 2-1, paragraph (32)(e), of the Instruction.
                 A preliminary Record of Environmental Consideration and a
                Memorandum for the Record are not required for this proposed rule. We
                seek any comments or information that may lead to the discovery of a
                significant environmental impact from this proposed rule.
                G. Protest Activities
                 The Coast Guard respects the First Amendment rights of protesters.
                Protesters are asked to contact the person listed in the FOR FURTHER
                INFORMATION CONTACT section to coordinate protest activities so that
                your message can be received without jeopardizing the safety or
                security of people, places or vessels.
                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.
                 We encourage you to submit comments through the Federal eRulemaking
                Portal at http://www.regulations.gov. If your material cannot be
                submitted using http://www.regulations.gov, contact the person in the
                FOR FURTHER INFORMATION CONTACT section of this document for alternate
                instructions.
                 We accept anonymous comments. All comments received will be posted
                without change to http://www.regulations.gov and will include any
                personal information you have provided. For more about privacy and the
                docket, visit http://www.regulations.gov/privacynotice.
                 Documents mentioned in this NPRM as being available in this docket
                and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's
                instructions. Additionally, 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.
                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; Department of Homeland
                Security Delegation No. 0170.1.
                0
                2. Amend Sec. 117.1087 by adding paragraph (a)(4) to read as follows:
                 (a) * * *
                 (4) The Main Street Bridge, mile 1.58, the Walnut Street Bridge,
                mile 1.81, and the Tilleman Memorial Bridge, mile 2.27, are operated
                remotely.
                * * * * *
                 Dated: April 23, 2019.
                N.A. Bartolotta,
                Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
                Acting.
                [FR Doc. 2019-08495 Filed 4-26-19; 8:45 am]
                 BILLING CODE 9110-04-P
                

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