[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Rules and Regulations]
[Pages 78818-78819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21971]



[[Page 78818]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2024-0018]
RIN 1625-AA09


Drawbridge Operation Regulation; Milwaukee, Menomonee, and 
Kinnikinnic Rivers, and South Menomonee and Burnham Canals

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating 
schedule that governs the Cherry Street Bridge, mile 2.29, over the 
Milwaukee River. The Wisconsin Department of Transportation and the 
City of Milwaukee have requested this temporary deviation to allow 
contractors to complete an extensive rehabilitation of the bridge.

DATES: This temporary final rule is effective from September 26, 2024 
through 11:59 p.m. on April 1, 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-2024-0018 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 proposed 
rule, call or email call or email Mr. Lee D. Soule, Bridge Management 
Specialist, Ninth Coast Guard District; telephone 216-902-6085, email 
<a href="/cdn-cgi/l/email-protection#99d5fcfcb7ddb7caf6ecf5fcd9eceafafeb7f4f0f5"><span class="__cf_email__" data-cfemail="9cd0f9f9b2d8b2cff3e9f0f9dce9effffbb2f1f5f0">[email protected]</span></a>.

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
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 8, 2024, the Coast Guard published a notice of proposed 
rulemaking (NPRM), with a request for comments, entitled, ``Drawbridge 
Operation Regulation; Milwaukee, Menomonee, and Kinnikinnic Rivers, and 
South Menomonee and Burnham Canals'' in the Federal Register (89 FR 
24396). There we stated why we issued the NPRM, and invited comments on 
our proposed regulatory action related to this temporary rule. During 
the sixty-day comment period that ended on June 7, 2024, we received no 
comments.
    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 immediate action is needed due 
to the construction project to rehabilitate the bridge that is 
beginning immediately.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
499. The Cherry Street Bridge, mile 2.29, over the Milwaukee River, is 
a double leaf bascule bridge that provides a horizontal clearance of 
80-feet and a vertical clearance of 14-feet in the closed position and 
an unlimited clearance in the open position based on LWD and is 
governed by 33 CFR 117.1093.
    The bridge needs extensive rehabilitation work, which will affect 
the ability of large vessels to pass for an extended amount of time.
    This portion of the Milwaukee River is primarily transited by small 
unpowered vessels and occasionally by larger power-driven vessels.

IV. Discussion of Comments, Changes, and the Temporary Final Rule

    The Coast Guard provided a sixty-day comment period, and no 
comments were received. The Cherry Street Bridge requires extensive 
electrical rehabilitation, including installation of a new submarine 
cable under the river bottom that will prevent the bridge from opening 
during installation. This type of work is typically completed during 
the winter months when vessel traffic is at its lowest. However, 
Milwaukee is hosting a national convention of nationwide significance 
in July 2024, and construction can not start until the convention 
concludes.
    The vessels that normally transit the river are less than 40-feet 
wide but are over 14-feet in height. To accommodate their passage, one 
leaf of the bridge would remain open, except from November 1 through 
April 1, when both leaves would be secured and unable to open for any 
vessels.
    The local DOT and City Offices provided a public information 
meeting in June 2023 and the proceedings can be viewed by visiting the 
City of Milwaukee Department of Public Works web page, available at 
https://city.milwaukee.gov/dpw. The U.S. Army Corps of Engineers will 
approve the installment of the submarine cable.

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, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, it has not been reviewed by the Office of Management and 
Budget (OMB).
    This regulatory action determination is based on the continuing 
ability of vessels to transit the bridge through the one open leaf 
during the summer and that the closure of both leaves will occur during 
a period when ice historically prevents vessel navigation.

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 received no comments from the Small Business 
Administration on this rule. 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.
    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

[[Page 78819]]

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 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 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; and DHS Delegation No. 
00170.1, Revision No. 01.3.


0
2. Amend Sec.  117.1093 by adding paragraph (a) (6) to read as follows:


Sec.  117.1093   Milwaukee, Menomonee, and Kinnikinnic Rivers and South 
Menomonee and Burnham Canals.

    (a) * * *
    (6) The draw of the Cherry Street Bridge, mile 2.29, over the 
Milwaukee River, will, from July 22, 2024, through October 31, 2024, 
secure one bridge leaf in the down position and operate the other 
bridge leaf normally for the passage of vessels. From November 1, 2024, 
through April 1, 2025, both leaves will be secured in the down position 
and the bridge will not open for the passage of vessels.
* * * * *

Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2024-21971 Filed 9-25-24; 8:45 am]
BILLING CODE 9110-04-P


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