Drawbridge Operation Regulation; Fox River, Green Bay, WI, 6806-6808 [2020-01767]
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Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Walnut Street Bridge, mile 1.81, and the
Tilleman Memorial Bridge, mile 2.27,
all over the Fox River at Green Bay, WI
to allow them to operate remotely.
§ 165.501
DATES:
[Amended]
6. In § 165.501(b), remove the words
‘‘Hampton Roads’’ wherever they appear
and add in their place the word
‘‘Virginia’’.
■
§ 165.503
[Amended]
7. In § 165.503:
a. In paragraph (a) amend the
definition of ‘‘Designated
Representative’’ by removing the words
‘‘Hampton Roads,’’; and
■ b. Amend paragraphs (b) and (c) by
removing the words ‘‘Hampton Roads’’
and adding their place ‘‘Virginia.’’
■
■
§ 165.504
[Amended]
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2019–0178 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
ADDRESSES:
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.
FOR FURTHER INFORMATION CONTACT:
8. In § 165.504(c)(1)(vii)(A), remove
the words ‘‘Hampton Roads,’’.
SUPPLEMENTARY INFORMATION:
§ 165.506
I. Table of Abbreviations
■
[Amended]
9. In § 165.506, remove the words
‘‘Hampton Roads’’ wherever they appear
and add in their place the word
‘‘Virginia’’.
■
§ 165.518
[Amended]
10. In § 165.518(c)(7), remove the
words ‘‘Hampton Roads’’ wherever they
appear and add in their place the word
‘‘Virginia’’.
■
§ 165.550
[Amended]
11. In § 165.550 (a)(3) and (d)(2)(iii),
remove the words ‘‘Hampton Roads’’
wherever they appear and add in their
place the word ‘‘Virginia’’.
■
Dated: January 30, 2020.
K.M. Carroll,
Captain, U.S. Coast Guard, Sector
Commander.
On April 29, 2019, we published a
notice of proposed rulemaking entitled:
Drawbridge Operation Regulation; Fox
River, Green Bay, WI in the Federal
Register (84 FR 17979). We received five
comments on this rule.
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
III. Legal Authority and Need for Rule
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0178]
RIN 1625–AA09
Drawbridge Operation Regulation; Fox
River, Green Bay, WI
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating schedule that governs the
Main Street Bridge, mile 1.58, the
SUMMARY:
VerDate Sep<11>2014
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
§ Section
U.S.C. United States Code
WI–FI Wireless Fidelity
WISDOT Wisconsin Department of
Transportation
II. Background Information and
Regulatory History
[FR Doc. 2020–02214 Filed 2–5–20; 8:45 am]
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This rule is effective March 9,
2020.
19:34 Feb 05, 2020
Jkt 250001
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
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.
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IV. Discussion of Comments, Changes
and the Final Rule
The Coast Guard provided a 180 day
comment period and received five
comments. During the comment period
the bridges were managed by WISDOT
with city of Green Bay personnel
operating the three bridges. As of
December 1, 2019 Brown County began
operating the bridges with personnel
from the snow plow division. This
prevented snow plow drivers from being
laid off in the summer and drawtenders
from being laid off in the winter. The
current drawtenders lost their jobs
unless they could obtain a commercial
driver’s license to operate a snow plow
in the winter. We believe this may have
influenced some of the comments we
received; however, below we address
each comment provided:
The first comment: ‘‘The Main Street
Bridge was renamed the Ray Nitschke
Memorial Bridge in 1998’’. We reached
out to the State of Wisconsin and the
City of Green Bay and asked them to
send us a letter requesting the name
change to be made and they have
declined to do so.
The second comment addressed
several factors: ‘‘As long as vehicles are
still crashing through the gates there
should be a live presence, i.e., a Bridge
Tender, on every bridge that is being
operated.’’ We asked WISDOT for the
last three years of vehicle incidents.
There were zero incidents in 2017, two
in 2018, and two in 2019. All three
years indicated live drawtenders
manning the bridges. We do not have
any data from other remotely operated
bridges to support the claim that remote
bridges have a higher incidents of
vehicles hitting barriers during the
opening cycle of the bridge or that
responses to vehicles hitting the barriers
have been lessened. ‘‘Instead of the risk
and cost of an experimental wireless
remote operation, just establish a call-in
period. By making Tilleman bridge a 4
hour call-in, 24–7, and by making
Walnut and Nitschke bridges a 4 hour
call-in from 11 p.m. to 7 a.m., you could
reduce the number of Bridge Tenders to
6 (half of what they have now). You
would still have a live Bridge Tender on
each bridge when they require an
opening.’’ This suggested schedule
would place an additional burden on
the mariners. The wireless equipment is
not experimental. It is a commercial
grade wireless system developed for city
wide municipal use with a 20 mile
range.
The third comment: ‘‘As a tour boat
company we feel it is in the best interest
of auto, pedestrian and boat traffic to
keep bridgetenders at Main Street
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Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
Bridge, Walnut Street Bridge and the
Tilleman Memorial Bridge. We have
seen firsthand the need for a
bridgetender to keep a pedestrian from
walking over the bridge as it was going
up. In addition, a recent incident in
Menasha with a bicyclist attempting to
cross the open doors made national
news (as it was videotaped). This may
save money, but it won’t offer the safety
required at these drawbridges.’’ The
bridgetenders rely on physical barriers
along with visual and audible alarms to
keep pedestrians from accessing the
bridge span while in motion. These
same devices will be employed during
remote operations. The bicyclist
incident occurred in Menasha, WI at a
bridge with a drawtender in attendance
and the bicyclist was arrested for
intoxication. This was an isolated
incident. The remotely operated bridges
will have enough cameras to monitor
every pedestrian, and vehicular
approach.
The fourth comment provided copies
of the Remote Bridge Study provided in
2009 with additional notes concerning
upgrades made up until 2019. This
study provided the basis on why remote
operations were not authorized prior to
2019 by the U.S. Coast Guard. The older
analog camera systems and basic bridge
controls were not adequate to perform
as if a drawtender was on the bridge.
The equipment that has been installed
on the bridges has been represented by
WISDOT to be state of the art and ready
to meet the challenges of these bridges.
WISDOT does intend to have additional
drawtenders available during special
events and heavy pedestrian and vehicle
attendance at the bridges. The wireless
equipment has a 20 mile range and is a
capable unit designed for city service
and not a wireless service a person may
have in their home. Even with a large
freighter between the wireless units the
units continue to communicate to each
other. We do not intend to diminish this
comment but the materials provided
have been vetted through various
meetings and the equipment currently
on the bridge meets the same
benchmarks as defined by the Coast
Guard on other successful remotely
operated bridges in the Great Lakes.
The fifth comment: ‘‘Having operated
the Green Bay bridges remotely through
the summer, I believe the Ray Nitschke
Memorial Bridge (Main Street) is not
ready for Full Remote Operation (no
Bridge Tender on the remotely operated
bridge). The equipment and
programming are still being troubleshot
and the camera placements were
influenced by convenience (existing
poles) instead of desired results.
VerDate Sep<11>2014
19:34 Feb 05, 2020
Jkt 250001
My major concern about going Full
Remote is the recent decision by
WISDOT to replace the current Green
Bay City Bridge Tenders with Brown
County Snow Plow Operators. The plan
calls for no overlap. Therefore, 100
years of Bridge Tender experience will
be replaced with 45 minutes if a lift
needs to be done on any of the three
bridges in Green Bay at midnight on
December 1, 2019. Making such a
drastic personnel change this far into
the process and on the tail end of the
NPRM is irresponsible with respect to
the public and maritime safety, and
shows a certain disregard towards the
Coast Guards approval process. The four
senior City Bridge Tenders were moved
to Walnut Street Bridge in March, 2019
to facilitate and prepare for future Full
Remote Operations. The Tilleman
Memorial and Ray Nitschke Memorial
bridges have been operated remotely
through the summer without major
incidents. There were a couple of gate
crashes but that is a normal, infrequent
occurrence. Now, new operators, who
have been trained in Sturgeon Bay and
not Green Bay, will be responsible for
all openings as of midnight on
December 1, 2019. As a current City
Bridge Tender and a retired Coast Guard
Officer, I strongly recommend that Full
Remote Operations be delayed at least
one more summer so these new
operators can gain some experience.
Openings on a foggy morning, a dark
rainy night, or a crowded Farmers
Market evening are all situations the
new operators should not be required or
allowed to do alone for the first time.’’
This was a serious concern and
WISDOT requested we allow the bridges
to operate remotely with tenders present
to allow the drawtenders adequate time
to learn how to operate the new system.
This delayed the remote operations
until the end of 2019. WISDOT intends
to continue training the new
drawtenders through the winter of
2019–2020 and they remain confident
the drawtenders will be ready for the
2020 navigation season. Because
WISDOT has done an excellent job at
the three remotely operated bridges in
Sturgeon Bay, WI, we do not see any
reasons to delay another year.
IV. Discussion of Final Rule
The bridges will continue to operate
as they have been except this rule will
allow them to be operated remotely.
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
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6807
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 13771 directs agencies
to control regulatory costs through a
budgeting process. 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 (OMB) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This rule allows the drawtender to
operate the bridge remotely and will not
affect the schedule of the bridge and
therefore is not a significant regulatory
action.
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 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 IV.A above this final
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 (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, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
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Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
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).
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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.
We did not receive any comments
from 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, U.S.
VerDate Sep<11>2014
19:34 Feb 05, 2020
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Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and
U.S. Coast Guard Environmental
Planning Implementation Procedures
(series) which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f). We
have made a determination 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. This action 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.
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.
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. Amend § 117.1087 by adding
paragraph (a)(4) to read as follows:
■
§ 117.1087
Fox River.
(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: January 24, 2020.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard Commander,
Ninth Coast Guard District.
[FR Doc. 2020–01767 Filed 2–5–20; 8:45 am]
BILLING CODE 9110–04–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0014; FRL–10004–
68–Region 4]
Air Plan Approval; AL and SC:
Infrastructure Requirements for the
2015 8-Hour Ozone National Ambient
Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
the Alabama and South Carolina State
Implementation Plan (SIP) submissions
provided on August 20, 2018, and
September 7, 2018, respectively, for
inclusion into their respective SIPs.
These approvals pertain to the
infrastructure requirements of the Clean
Air Act (CAA or Act) for the 2015 8hour ozone national ambient air quality
standard (NAAQS). Whenever EPA
promulgates a new or revised NAAQS,
the CAA requires that each state adopt
and submit a SIP for the
implementation, maintenance and
enforcement of each NAAQS
promulgated by EPA. Alabama and
South Carolina certified that their SIPs
contain provisions that ensure the 2015
8-hour ozone NAAQS is implemented,
enforced, and maintained in their State.
EPA has determined that Alabama and
South Carolina infrastructure SIP
submissions satisfy certain required
infrastructure elements for the 2015 8hour ozone NAAQS.
DATES: This rule will be effective March
9, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0014. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air and Radiation Division,
U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6806-6808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01767]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs 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 allow them to operate remotely.
DATES: This rule is effective March 9, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2019-0178 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
[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 Information and Regulatory History
On April 29, 2019, we published a notice of proposed rulemaking
entitled: Drawbridge Operation Regulation; Fox River, Green Bay, WI in
the Federal Register (84 FR 17979). We received five comments on this
rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
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.
IV. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a 180 day comment period and received five
comments. During the comment period the bridges were managed by WISDOT
with city of Green Bay personnel operating the three bridges. As of
December 1, 2019 Brown County began operating the bridges with
personnel from the snow plow division. This prevented snow plow drivers
from being laid off in the summer and drawtenders from being laid off
in the winter. The current drawtenders lost their jobs unless they
could obtain a commercial driver's license to operate a snow plow in
the winter. We believe this may have influenced some of the comments we
received; however, below we address each comment provided:
The first comment: ``The Main Street Bridge was renamed the Ray
Nitschke Memorial Bridge in 1998''. We reached out to the State of
Wisconsin and the City of Green Bay and asked them to send us a letter
requesting the name change to be made and they have declined to do so.
The second comment addressed several factors: ``As long as vehicles
are still crashing through the gates there should be a live presence,
i.e., a Bridge Tender, on every bridge that is being operated.'' We
asked WISDOT for the last three years of vehicle incidents. There were
zero incidents in 2017, two in 2018, and two in 2019. All three years
indicated live drawtenders manning the bridges. We do not have any data
from other remotely operated bridges to support the claim that remote
bridges have a higher incidents of vehicles hitting barriers during the
opening cycle of the bridge or that responses to vehicles hitting the
barriers have been lessened. ``Instead of the risk and cost of an
experimental wireless remote operation, just establish a call-in
period. By making Tilleman bridge a 4 hour call-in, 24-7, and by making
Walnut and Nitschke bridges a 4 hour call-in from 11 p.m. to 7 a.m.,
you could reduce the number of Bridge Tenders to 6 (half of what they
have now). You would still have a live Bridge Tender on each bridge
when they require an opening.'' This suggested schedule would place an
additional burden on the mariners. The wireless equipment is not
experimental. It is a commercial grade wireless system developed for
city wide municipal use with a 20 mile range.
The third comment: ``As a tour boat company we feel it is in the
best interest of auto, pedestrian and boat traffic to keep
bridgetenders at Main Street
[[Page 6807]]
Bridge, Walnut Street Bridge and the Tilleman Memorial Bridge. We have
seen firsthand the need for a bridgetender to keep a pedestrian from
walking over the bridge as it was going up. In addition, a recent
incident in Menasha with a bicyclist attempting to cross the open doors
made national news (as it was videotaped). This may save money, but it
won't offer the safety required at these drawbridges.'' The
bridgetenders rely on physical barriers along with visual and audible
alarms to keep pedestrians from accessing the bridge span while in
motion. These same devices will be employed during remote operations.
The bicyclist incident occurred in Menasha, WI at a bridge with a
drawtender in attendance and the bicyclist was arrested for
intoxication. This was an isolated incident. The remotely operated
bridges will have enough cameras to monitor every pedestrian, and
vehicular approach.
The fourth comment provided copies of the Remote Bridge Study
provided in 2009 with additional notes concerning upgrades made up
until 2019. This study provided the basis on why remote operations were
not authorized prior to 2019 by the U.S. Coast Guard. The older analog
camera systems and basic bridge controls were not adequate to perform
as if a drawtender was on the bridge. The equipment that has been
installed on the bridges has been represented by WISDOT to be state of
the art and ready to meet the challenges of these bridges. WISDOT does
intend to have additional drawtenders available during special events
and heavy pedestrian and vehicle attendance at the bridges. The
wireless equipment has a 20 mile range and is a capable unit designed
for city service and not a wireless service a person may have in their
home. Even with a large freighter between the wireless units the units
continue to communicate to each other. We do not intend to diminish
this comment but the materials provided have been vetted through
various meetings and the equipment currently on the bridge meets the
same benchmarks as defined by the Coast Guard on other successful
remotely operated bridges in the Great Lakes.
The fifth comment: ``Having operated the Green Bay bridges remotely
through the summer, I believe the Ray Nitschke Memorial Bridge (Main
Street) is not ready for Full Remote Operation (no Bridge Tender on the
remotely operated bridge). The equipment and programming are still
being troubleshot and the camera placements were influenced by
convenience (existing poles) instead of desired results.
My major concern about going Full Remote is the recent decision by
WISDOT to replace the current Green Bay City Bridge Tenders with Brown
County Snow Plow Operators. The plan calls for no overlap. Therefore,
100 years of Bridge Tender experience will be replaced with 45 minutes
if a lift needs to be done on any of the three bridges in Green Bay at
midnight on December 1, 2019. Making such a drastic personnel change
this far into the process and on the tail end of the NPRM is
irresponsible with respect to the public and maritime safety, and shows
a certain disregard towards the Coast Guards approval process. The four
senior City Bridge Tenders were moved to Walnut Street Bridge in March,
2019 to facilitate and prepare for future Full Remote Operations. The
Tilleman Memorial and Ray Nitschke Memorial bridges have been operated
remotely through the summer without major incidents. There were a
couple of gate crashes but that is a normal, infrequent occurrence.
Now, new operators, who have been trained in Sturgeon Bay and not Green
Bay, will be responsible for all openings as of midnight on December 1,
2019. As a current City Bridge Tender and a retired Coast Guard
Officer, I strongly recommend that Full Remote Operations be delayed at
least one more summer so these new operators can gain some experience.
Openings on a foggy morning, a dark rainy night, or a crowded Farmers
Market evening are all situations the new operators should not be
required or allowed to do alone for the first time.'' This was a
serious concern and WISDOT requested we allow the bridges to operate
remotely with tenders present to allow the drawtenders adequate time to
learn how to operate the new system. This delayed the remote operations
until the end of 2019. WISDOT intends to continue training the new
drawtenders through the winter of 2019-2020 and they remain confident
the drawtenders will be ready for the 2020 navigation season. Because
WISDOT has done an excellent job at the three remotely operated bridges
in Sturgeon Bay, WI, we do not see any reasons to delay another year.
IV. Discussion of Final Rule
The bridges will continue to operate as they have been except this
rule will allow them to be operated remotely.
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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This rule allows the drawtender to operate the bridge remotely and
will not affect the schedule of the bridge and therefore is not a
significant regulatory action.
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 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
IV.A above this final 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 (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,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to
[[Page 6808]]
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.
We did not receive any comments from 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, U.S. Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental
Planning Implementation Procedures (series) which guide the Coast Guard
in complying with the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321-4370f). We have made a determination 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. This action 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.
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.
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. Amend Sec. 117.1087 by adding paragraph (a)(4) to read as follows:
Sec. 117.1087 Fox River.
(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: January 24, 2020.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.
[FR Doc. 2020-01767 Filed 2-5-20; 8:45 am]
BILLING CODE 9110-04-P
