78818 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Rules and Regulations 

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. 

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 Lee.D.Soule@

uscg.mil. 

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 

§ 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 sixtyday 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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Rules and Regulations 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 

■ 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. 

■ 2. Amend § 117.1093 by adding 

paragraph (a) (6) to read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0822] 

RIN 1625–AA00 

Safety Zone; Commencement Bay, 

Washington 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of Commencement 

Bay, Washington. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards associated with a 

marine event involving a fireworks 

display. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) Sector Puget Sound. 

DATES: This rule is effective from 8 p.m. 

through 10 p.m. on September 28, 2024. 

ADDRESSES: Documents mentioned in 

this preamble are available in the docket 

at https://www.regulations.gov, type 

USCG–2024–0822 in the search box and 

click ‘‘Search.’’ Next, in the Document 

Type column, select ‘‘Supporting & 

Related Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Lieutenant Anthony Pinto, 

Waterways Management Division, U.S. 

Coast Guard Sector Puget Sound, 

telephone 206–217–6051, email 

SectorPugetSoundWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Puget 

Sound 

DHS Department of Homeland Security 


khammond on DSKJM1Z7X2PROD with RULES