[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Rules and Regulations]
[Pages 59655-59657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20468]


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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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