Drawbridge Operation Regulation; Fox River, DePere to Oshkosh, WI, 48327-48329 [2016-17541]

Download as PDF Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations Issued under authority provided by 49 U.S.C. 106(f), 44701(a), and 44703 in Washington, DC, on July 15, 2016. Michael P. Huerta, Administrator. II. Background Information and Regulatory History On May 6, 2016, we published a notice of proposed rulemaking (NPRM) entitled Drawbridge Operation Regulation; Fox River, DePere to Oshkosh, WI, in the Federal Register (81 FR 27373). We did receive one comment on this rule. [FR Doc. 2016–17427 Filed 7–22–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY III. Legal Authority and Need for Rule Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0256] RIN 1625–AA09 Drawbridge Operation Regulation; Fox River, DePere to Oshkosh, WI Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is modifying the operating schedule for all drawbridges over the Fox River between DePere, WI and Oshkosh, WI. This rule will establish drawbridge schedules that coincide with lock schedules during the boating season and standard winter drawbridge schedules. DATES: This rule is effective August 24, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2016– 0256. In the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 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: SUMMARY: asabaliauskas on DSK3SPTVN1PROD with RULES I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security E.O. Executive Order FR Federal Register NEPA National Environmental Policy Act of 1969 NPRM Notice of proposed rulemaking RFA Regulatory Flexibility Act of 1980 SNPRM Supplemental notice of proposed rulemaking Pub. L. Public Law § Section U.S.C. United States Code WIS–DOT Wisconsin Department of Transportation FRNSA Fox River Navigational System Authority CN–RR Canadian National Railroad VerDate Sep<11>2014 17:30 Jul 22, 2016 Jkt 238001 The Coast Guard is issuing this rule under authority 33 U.S.C. 499. Currently, the regulation for Fox River drawbridges (33 CFR 117.1087) includes the opening schedule for drawbridges in Green Bay, WI, where large commercial vessel traffic continues to transit. This rule does not include any changes to the schedules for drawbridges over the commercial ship channel in Green Bay. The sections of the current regulation that includes all other drawbridges between river mile 7.13 in DePere, WI at the DePere Pedestrian bridge, to river mile 58.3 in Oshkosh, WI, describe inconsistent dates and times for required drawbridge openings, particularly for the four highway drawbridges in Oshkosh. They also include reference to the George Street bridge at mile 7.27. The George Street bridge has been removed in the past 15 years. In the current regulation, the Oshkosh drawbridges contain exemptions during certain dates and times where the drawbridges are not required to open for vessels or vessels must provide advance notice prior to passing during nighttime hours. This rule establishes the requirement for all drawbridges, except the Canadian National Railroad (CN–RR) bridge at mile 55.72 in Oshkosh, to open on signal between the hours of 8 a.m. and midnight each day from April 27 to October 7 every year. This schedule will match the lock schedule established by FRNSA and drawbridge schedules used by WIS–DOT. Between the hours of midnight and 8 a.m., except for the CN– RR bridge in Oshkosh, all drawbridges would open for vessels if at least 2hours advance notice of arrival is provided. The CN–RR bridge at mile 55.72 in Oshkosh is located where Fox River feeds into the southwest section of Lake Winnebago. The portion of Fox River in the Oshkosh area, and Lake Winnebago, are among the busiest portions of the Fox River System for recreational vessel traffic. The CN–RR bridge provides 6 feet of vertical clearance in the closed position and prevents most vessels from passing under the bridge, thereby requiring the drawbridge to open regularly for vessels. This is also the PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 48327 location of first responders and public safety vessels that may require the bridge to open at any time to perform rescue or emergency operations on Lake Winnebago. Vessels in distress or seeking shelter from weather on Lake Winnebago may also need the CN–RR bridge to open at any time. A delay in bridge openings at this location may endanger life or property and is therefore exempted from the proposed 2-hour advance notice requirement from vessels for all other drawbridges between midnight and 8 a.m. All drawbridges would be required to open if at least 12-hours advance notice is provided prior to passing between October 8 and April 26 each year. This rule removes the George Street bridge from the regulation, establishes consistent annual dates for drawbridge schedules between river miles 7.13 and 58.3, eliminates currently exempted bridge opening times during certain days and times in Oshkosh, makes permanent the requirement for vessels to provide 2-hours advance notice between midnight and 8 a.m., and establishes the winter bridge operating schedules throughout the entire river system. The dates, times, and conditions have been employed by local authorities for approximately 10 years and are generally accepted by vessel operators in the area as established conditions. The dates, times, and conditions have also been reviewed and accepted by WIS–DOT and FRNSA during the development of this rule. IV. Discussion of Comments, Changes and the Final Rule The Coast Guard provided a comment period of 45 days and received one comment. Canadian National Railway Company (CN–RR) wished to clarify for the record that the bridge described in the NPRM as the ‘‘CN–RR bridge at Mile 55.72 over Fox River in Oshkosh, WI’’ should reflect Wisconsin Central Ltd. as the entity holding common carrier responsibilities at this location. The Coast Guard recognizes that Wisconsin Central, Ltd. is owned by CN–RR, but for consistency in describing bridge owners throughout the Fox River system in official publications, and since the bridges are locally known and referred to as ‘‘Canadian National’’ bridges, we will continue to describe the railroad drawbridge at Mile 55.72 in Oshkosh as the CN–RR bridge. Additionally, CN–RR commented on the disparity of proposed bridge operations between nearby highway bridges and the CN–RR bridge at Mile 55.72 in Oshkosh, WI. The NPRM excluded the CN–RR bridge at Mile E:\FR\FM\25JYR1.SGM 25JYR1 48328 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 55.72 in Oshkosh from operating with the same schedule as the nearby highway bridges requiring 2-hours advance notice for openings between the hours of midnight and 8am due to the low vertical clearance (6-feet) of the bridge in the closed position that restricts most vessels from passing underneath, the proximity of the CN–RR bridge at the entrance to Fox River from Lake Winnebago, the location of nearby first-responders, and the need to open for vessels seeking shelter from weather on Lake Winnebago. The exclusion of the CN–RR bridge from the same conditions as the nearby highway bridges in Oshkosh is due to safety concerns for vessel operators and is retained in this final rule. 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, and we discuss First Amendment rights of protesters. asabaliauskas on DSK3SPTVN1PROD with RULES 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 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the ability that vessels can still transit the bridge given advanced notice during times when vessel traffic is at its lowest. This rule provides a drawbridge schedule that is virtually the same as has been used by vessel operators in the area for approximately 10 years. 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 did not receive any VerDate Sep<11>2014 17:30 Jul 22, 2016 Jkt 238001 comments from the Small Business Administration on this rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. This rule standardizes drawbridge schedules that have been in place and would not have a significant economic impact on any vessel owner or operator because the bridges will open with advance notice during low traffic times on the waterway or when ice conditions hinder normal navigation. While some owners or operators of vessels intending to transit the bridges may be small entities, for the reasons stated in section V.A above, this rule would 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 (Public Law 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, above. 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 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 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. 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 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 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 rule simply promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under figure 2–1, paragraph (32)(e), of the Instruction. Under figure 2–1, paragraph (32)(e), of the Instruction, an environmental analysis checklist and a categorical exclusion determination are not required for this 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. List of Subjects in 33 CFR Part 117 Bridges. E:\FR\FM\25JYR1.SGM 25JYR1 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Rules and Regulations 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; Department of Homeland Security Delegation No. 0170.1. 2. In § 117.1087, revise paragraphs (b) and (c) to read as follows: ■ Fox River. * * * * * (b) All drawbridges between mile 7.13 in DePere and mile 58.3 in Oshkosh, except the Canadian National Railroad bridge at mile 55.72, shall open as follows: (1) From April 27 through October 7, the draws shall open on signal, except between the hours of midnight and 8 a.m., the draws shall open if at least 2hours advance notice is given. (2) From October 8 through April 26, the draws shall open if at least 12-hours advance notice is given. (c) The draw of the Canadian National Railroad bridge at mile 55.72 shall open on signal, except from October 8 through April 26; the draw shall open if at least 12-hours advance notice is given. * * * * * Dated: July 12, 2016. J.E. Ryan, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District. [FR Doc. 2016–17541 Filed 7–22–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2015–1088] RIN 1625–AA00 Safety Zone; Pleasure Beach Bridge, Bridgeport, CT Coast Guard, DHS. Temporary final rule. AGENCY: asabaliauskas on DSK3SPTVN1PROD with RULES ACTION: The Coast Guard is establishing a temporary safety zone on the navigable waters of Pleasure Beach, Bridgeport, CT for Pleasure Beach Bridge. This temporary safety zone is necessary to provide for the safety of life on navigable waters. This regulation prohibits entry into, transit through, SUMMARY: VerDate Sep<11>2014 17:30 Jul 22, 2016 Jkt 238001 This rule is effective without actual notice from July 25, 2016 until December 31, 2016. For the purposes of enforcement, actual notice from July 1, 2016 until July 25, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2015– 1088 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, contact Petty Officer Jay TerVeen, Prevention Department, U.S. Coast Guard Sector Long Island Sound, telephone (203) 468–4446, email Jay.C.TerVeen@ uscg.mil DATES: ■ § 117.1087 mooring or anchoring within the safety zone unless authorized by Captain of the Port (COTP), Sector Long Island Sound. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LIS Long Island Sound NPRM Notice of Proposed Rulemaking NAD 83 North American Datum 1983 II. Background Information and Regulatory History The Coast Guard was made aware of damage to Pleasure Beach Bridge which creates a hazard to navigation. A temporary final rule entitled, ‘‘Safety Zone; Pleasure Beach Bridge, Bridgeport, CT’’ was published in the Federal Register (80 FR 79480). The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM with respect to this rule because doing so would be impracticable, given the imminent conclusion of the previous safety zone and the ongoing repairs. This rule is necessary to protect the safety of waterway users. We are issuing this rule, and under 5 U.S.C. 553(d)(3), and for the same reasons stated in the preceding paragraph, the Coast Guard finds that good cause exists for making this rule PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 48329 effective less than 30 days after publication in the Federal Register. III. Legal Authority and Need for Rule The legal basis for this temporary rule is 33 U.S.C. 1231. On December 09, 2015, the Coast Guard was made aware of damage sustained to Pleasure Beach Bridge, Bridgeport, CT that has created a hazard to navigation. After further analysis of the bridge structure, the Coast Guard concluded that the overall condition of the structure created a continued hazard to navigation. The COTP Sector LIS has determined that the safety zone established by this temporary final rule is necessary to provide for the safety of life on navigable waterways. IV. Discussion of the Rule The safety zone established by this rule will cover all navigable waters of the entrance channel to Johnsons Creek in the vicinity of Pleasure Beach Bridge, Bridgeport, CT. This safety zone will be bound inside an area that starts at a point on land at position 41–10.2N, 073–10.7W and then east along the shoreline to a point on land at position 41–9.57N, 073–9.54W and then south across the channel to a point on land at position 41–9.52N, 073–9.58W and then west along the shoreline to a point on land at position 41–9.52N, 073–10.5W and then north across the channel back to the point of origin. This rule prohibits vessels from entering, transiting, mooring, or anchoring within the area specifically designated as a safety zone during the period of enforcement unless authorized by the COTP or designated representative. The Coast Guard will notify the public and local mariners of this safety zone through appropriate means, which may include, but are not limited to, publication in the Federal Register, the Local Notice to Mariners, and Broadcast Notice to Mariners. V. Regulatory Analyses We developed this 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 13563 emphasizes the E:\FR\FM\25JYR1.SGM 25JYR1

Agencies

[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48327-48329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17541]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0256]
RIN 1625-AA09


Drawbridge Operation Regulation; Fox River, DePere to Oshkosh, WI

AGENCY: Coast Guard, DHS.

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is modifying the operating schedule for all 
drawbridges over the Fox River between DePere, WI and Oshkosh, WI. This 
rule will establish drawbridge schedules that coincide with lock 
schedules during the boating season and standard winter drawbridge 
schedules.

DATES: This rule is effective August 24, 2016.

ADDRESSES:  To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0256. In the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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
E.O. Executive Order
FR Federal Register
NEPA National Environmental Policy Act of 1969
NPRM Notice of proposed rulemaking
RFA Regulatory Flexibility Act of 1980
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
WIS-DOT Wisconsin Department of Transportation
FRNSA Fox River Navigational System Authority
CN-RR Canadian National Railroad

II. Background Information and Regulatory History

    On May 6, 2016, we published a notice of proposed rulemaking (NPRM) 
entitled Drawbridge Operation Regulation; Fox River, DePere to Oshkosh, 
WI, in the Federal Register (81 FR 27373). We did receive one comment 
on this rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499. 
Currently, the regulation for Fox River drawbridges (33 CFR 117.1087) 
includes the opening schedule for drawbridges in Green Bay, WI, where 
large commercial vessel traffic continues to transit. This rule does 
not include any changes to the schedules for drawbridges over the 
commercial ship channel in Green Bay.
    The sections of the current regulation that includes all other 
drawbridges between river mile 7.13 in DePere, WI at the DePere 
Pedestrian bridge, to river mile 58.3 in Oshkosh, WI, describe 
inconsistent dates and times for required drawbridge openings, 
particularly for the four highway drawbridges in Oshkosh. They also 
include reference to the George Street bridge at mile 7.27. The George 
Street bridge has been removed in the past 15 years. In the current 
regulation, the Oshkosh drawbridges contain exemptions during certain 
dates and times where the drawbridges are not required to open for 
vessels or vessels must provide advance notice prior to passing during 
nighttime hours.
    This rule establishes the requirement for all drawbridges, except 
the Canadian National Railroad (CN-RR) bridge at mile 55.72 in Oshkosh, 
to open on signal between the hours of 8 a.m. and midnight each day 
from April 27 to October 7 every year. This schedule will match the 
lock schedule established by FRNSA and drawbridge schedules used by 
WIS-DOT. Between the hours of midnight and 8 a.m., except for the CN-RR 
bridge in Oshkosh, all drawbridges would open for vessels if at least 
2-hours advance notice of arrival is provided.
    The CN-RR bridge at mile 55.72 in Oshkosh is located where Fox 
River feeds into the southwest section of Lake Winnebago. The portion 
of Fox River in the Oshkosh area, and Lake Winnebago, are among the 
busiest portions of the Fox River System for recreational vessel 
traffic. The CN-RR bridge provides 6 feet of vertical clearance in the 
closed position and prevents most vessels from passing under the 
bridge, thereby requiring the drawbridge to open regularly for vessels. 
This is also the location of first responders and public safety vessels 
that may require the bridge to open at any time to perform rescue or 
emergency operations on Lake Winnebago. Vessels in distress or seeking 
shelter from weather on Lake Winnebago may also need the CN-RR bridge 
to open at any time. A delay in bridge openings at this location may 
endanger life or property and is therefore exempted from the proposed 
2-hour advance notice requirement from vessels for all other 
drawbridges between midnight and 8 a.m.
    All drawbridges would be required to open if at least 12-hours 
advance notice is provided prior to passing between October 8 and April 
26 each year.
    This rule removes the George Street bridge from the regulation, 
establishes consistent annual dates for drawbridge schedules between 
river miles 7.13 and 58.3, eliminates currently exempted bridge opening 
times during certain days and times in Oshkosh, makes permanent the 
requirement for vessels to provide 2-hours advance notice between 
midnight and 8 a.m., and establishes the winter bridge operating 
schedules throughout the entire river system.
    The dates, times, and conditions have been employed by local 
authorities for approximately 10 years and are generally accepted by 
vessel operators in the area as established conditions. The dates, 
times, and conditions have also been reviewed and accepted by WIS-DOT 
and FRNSA during the development of this rule.

IV. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period of 45 days and received 
one comment. Canadian National Railway Company (CN-RR) wished to 
clarify for the record that the bridge described in the NPRM as the 
``CN-RR bridge at Mile 55.72 over Fox River in Oshkosh, WI'' should 
reflect Wisconsin Central Ltd. as the entity holding common carrier 
responsibilities at this location. The Coast Guard recognizes that 
Wisconsin Central, Ltd. is owned by CN-RR, but for consistency in 
describing bridge owners throughout the Fox River system in official 
publications, and since the bridges are locally known and referred to 
as ``Canadian National'' bridges, we will continue to describe the 
railroad drawbridge at Mile 55.72 in Oshkosh as the CN-RR bridge.
    Additionally, CN-RR commented on the disparity of proposed bridge 
operations between nearby highway bridges and the CN-RR bridge at Mile 
55.72 in Oshkosh, WI. The NPRM excluded the CN-RR bridge at Mile

[[Page 48328]]

55.72 in Oshkosh from operating with the same schedule as the nearby 
highway bridges requiring 2-hours advance notice for openings between 
the hours of midnight and 8am due to the low vertical clearance (6-
feet) of the bridge in the closed position that restricts most vessels 
from passing underneath, the proximity of the CN-RR bridge at the 
entrance to Fox River from Lake Winnebago, the location of nearby 
first-responders, and the need to open for vessels seeking shelter from 
weather on Lake Winnebago. The exclusion of the CN-RR bridge from the 
same conditions as the nearby highway bridges in Oshkosh is due to 
safety concerns for vessel operators and is retained in this final 
rule.

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, and we 
discuss First Amendment rights of protesters.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the ability that 
vessels can still transit the bridge given advanced notice during times 
when vessel traffic is at its lowest. This rule provides a drawbridge 
schedule that is virtually the same as has been used by vessel 
operators in the area for approximately 10 years.

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 did not receive any comments from the Small 
Business Administration on this rule. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule would not have a significant economic 
impact on a substantial number of small entities. This rule 
standardizes drawbridge schedules that have been in place and would not 
have a significant economic impact on any vessel owner or operator 
because the bridges will open with advance notice during low traffic 
times on the waterway or when ice conditions hinder normal navigation.
    While some owners or operators of vessels intending to transit the 
bridges may be small entities, for the reasons stated in section V.A 
above, this rule would 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 (Public Law 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, 
above. 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 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.

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 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 
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 rule simply promulgates the operating regulations or 
procedures for drawbridges. This action is categorically excluded from 
further review, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this 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.

List of Subjects in 33 CFR Part 117

    Bridges.


[[Page 48329]]


    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; Department of Homeland 
Security Delegation No. 0170.1.


0
2. In Sec.  117.1087, revise paragraphs (b) and (c) to read as follows:


Sec.  117.1087  Fox River.

* * * * *
    (b) All drawbridges between mile 7.13 in DePere and mile 58.3 in 
Oshkosh, except the Canadian National Railroad bridge at mile 55.72, 
shall open as follows:
    (1) From April 27 through October 7, the draws shall open on 
signal, except between the hours of midnight and 8 a.m., the draws 
shall open if at least 2-hours advance notice is given.
    (2) From October 8 through April 26, the draws shall open if at 
least 12-hours advance notice is given.
    (c) The draw of the Canadian National Railroad bridge at mile 55.72 
shall open on signal, except from October 8 through April 26; the draw 
shall open if at least 12-hours advance notice is given.
* * * * *

    Dated: July 12, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-17541 Filed 7-22-16; 8:45 am]
 BILLING CODE 9110-04-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.