Drawbridge Operation Regulation; Milwaukee, Menomonee, and Kinnickinnic Rivers and Burnham Canals, Milwaukee, WI, 13517-13520 [2020-04659]
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
interface, do not transfer it from or to
the vessel.
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If
you have questions on this proposed
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:
Dated: October 31, 2019.
Karl L. Schultz,
Admiral, U.S. Coast Guard, Commandant.
Editorial note: The U.S. Coast Guard
requested that the Office of the Federal
Register hold this document from publication
until delivery to Congress of the assessment
required by the Transportation Worker
Identification Credential Security Card
Program Act (Pub. L. 114–278).
[FR Doc. 2019–24343 Filed 3–6–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0824]
Drawbridge Operation Regulation;
Milwaukee, Menomonee, and
Kinnickinnic Rivers and Burnham
Canals, Milwaukee, WI
Coast Guard, DHS.
Notice of temporary deviation
from regulations; request for comments.
AGENCY:
ACTION:
The Coast Guard is seeking
information and comments during a test
schedule for the bridges crossing the
Milwaukee, Menomonee, Kinnickinnic
River, South Menomonee River, and
Burnham Canals. The city of Milwaukee
requested the regulations to be reviewed
and updated to allow for a more
balanced flow of maritime and land
based transportation. The current
regulation has been in place for over 30
years and is obsolete. This deviation
will test a change to the drawbridge
operation schedule to determine
whether a permanent change to the
schedule is needed. The Coast Guard is
seeking comments from the public
regarding these proposed changes.
DATES: This deviation is effective from
midnight on April 15, 2020 and ends at
midnight on November 2, 2020.
Comments and related material must
reach the Coast Guard on or before
November 2, 2020.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0824 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
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SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Background, Purpose, and Legal
Basis
The Milwaukee River is
approximately 104 miles long.
Beginning in Fond du Lac County the
river flows easterly to a low head dam
just above the Humboldt Avenue Bridge
at mile 3.22 in downtown Milwaukee,
WI. From here the river flows south to
Lake Michigan. This southerly course of
the Milwaukee River divides the
lakefront area from the rest of the city.
The Menomonee River joins the
Milwaukee River at Mile 1.01 with the
Kinnickinnic River joining the
Milwaukee River at Mile 0.39. 21
bridges cross the Milwaukee River from
mile 0.19 to mile 3.22. In the early 20th
Century, the Milwaukee River was
heavily used to support the industries in
and around the Great Lakes. Today, the
river has been redeveloped as a tourist
and recreational destination. From its
confluence with the Milwaukee River
the Menomonee River flows west for 33
miles. The lower three miles of the
Menomonee River is passable by vessels
over 600 feet in length. Seven bridges
cross the navigable portion of the
Menomonee River.
The South Menomonee Canal and the
Burnham Canal were both excavated
during a waterways improvement
project in 1864. Both man-made canals
are tributaries of the Menomonee River
branching just above its mouth. The
South Menomonee Canal is crossed by
two bridges and the Burnham Canal is
crossed by three bridges. The
Kinnickinnic River flows north through
the southern portion of the City of
Milwaukee connecting with the
Milwaukee River near Lake Michigan.
Only the lower 2.30 miles of the river
have been improved for vessel use. Five
bridges cross the river with the Lincoln
Avenue Bridge at the head of
navigation. Freighters up to 1,000 feet in
length transfer cargoes at the confluence
of the Kinnickinnic and Milwaukee
Rivers. Most of the recreational vessels
in Milwaukee moor in the lake front
marinas and only transit the rivers. Boat
yards on the Menomonee and
Kinnickinnic rivers haul out and store
most of the recreational vessels in the
fall and winter months and launch the
vessels in the spring. This action
contributes to a considerable surge in
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13517
drawbridge openings in the fall and
spring.
The following bridges will be
included in the test deviation: The
Union Pacific Railroad Bridge, mile
0.59, over the Milwaukee River with a
vertical clearance in the closed position
of 7 feet above internet Great Lakes
Datum of 1985 (IGLD85). The Broadway
Street Bridge, mile 0.79, over the
Milwaukee River with a vertical
clearance in the closed position of 14
feet above IGLD85. The Water Street
Bridge, mile 0.94, over the Milwaukee
River with a vertical clearance in the
closed position of 14 feet above IGLD85.
The St. Paul Avenue Bridge, mile 1.21,
over the Milwaukee River with a
vertical clearance in the closed position
of 14 feet above IGLD85. The Clybourn
Street Bridge, mile 1.28, over the
Milwaukee River with a vertical
clearance in the closed position of 14
feet above IGLD85. Michigan Street
Bridge, mile 1.37, over the Milwaukee
River with a vertical clearance in the
closed position of 12 feet above IGLD85.
The Wisconsin Avenue Bridge, mile
1.46, over the Milwaukee River with a
vertical clearance in the closed position
of 12 feet above IGLD85. The Wells
Street Bridge, mile 1.61, over the
Milwaukee River with a vertical
clearance in the closed position of 12
feet above IGLD85. The Kilbourn
Avenue Bridge, mile 1.70, over the
Milwaukee River with a vertical
clearance in the closed position of 14
feet above IGLD85. The State Street
Bridge, mile 1.79, over the Milwaukee
River with a vertical clearance in the
closed position of 14 feet above IGLD85.
The Highland Avenue Pedestrian
Bridge, mile 1.97, over the Milwaukee
River with a vertical clearance in the
closed position of 12 feet above IGLD85.
The Juneau Avenue Bridge, mile 2.06,
over the Milwaukee River with a
vertical clearance in the closed position
of 14 feet above IGLD85. The Knapp
Street/Park Freeway Bridge, mile 2.14,
over the Milwaukee River with a
vertical clearance in the closed position
of 16 feet above IGLD85. The Cherry
Street Bridge, mile 2.29, over the
Milwaukee River with a vertical
clearance in the closed position of 14
feet above IGLD85. The Pleasant Street
Bridge, mile 2.58, over the Milwaukee
River with a vertical clearance in the
closed position of 14 feet above IGLD85.
The Canadian Pacific Railroad Bridge,
mile 1.05, over the Menomonee River
with a vertical clearance in the closed
position of 8 feet above IGLD85. The
North Plankinton Avenue Bridge, mile
1.08, over the Menomonee River with a
vertical clearance in the closed position
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of 14 feet above IGLD85. The North
Sixth Street Bridge, mile 1.37, over the
Menomonee River with a vertical
clearance in the closed position of 23
feet above IGLD85. The Ember Lane
Bridge, mile 1.95, over the Menomonee
River with a vertical clearance in the
closed position of 12 feet above IGLD85.
The Sixteenth Street Bridge, mile 2.14,
over the Menomonee River with a
vertical clearance in the closed position
of 35 feet above IGLD85. The South
Sixth Street Bridge, mile 1.51, over the
South Menomonee Canal with a vertical
clearance in the closed position of 8 feet
above IGLD85. The Union Pacific
Railroad Bridge, mile 1.19, over the
Kinnickinnic River with a vertical
clearance in the closed position of 8 feet
above IGLD85. The Kinnickinnic
Avenue Bridge, mile 1.67, over the
Kinnickinnic River with a vertical
clearance in the closed position of 8 feet
above IGLD85. The Canadian Pacific
Railroad Bridge, mile 1.67, over the
Kinnickinnic River with a vertical
clearance in the closed position of 15
feet above IGLD85. Finally, the South
First Street Bridge, mile 1.78, over the
Kinnickinnic River with a vertical
clearance in the closed position of 14
feet above IGLD85. These bridges
currently operate under Title 33 of the
Code of Federal Regulations (33 CFR)
section 117.1093.
In response to downtown Milwaukee
residents’ concerns regarding a
pronounced increase in vehicular traffic
in the area, the City of Milwaukee has
requested a complete review of the
bridge regulations in this area.
Over the years these regulations have
been amended considerably. This has
had the effect of making them difficult
to comprehend to the average person.
Additionally, the cyclic higher water
levels over the past 3 years and
increased number of passenger vessels
in the downtown area have resulted in
significantly more bridge openings.
Finally, the conversion of older business
buildings into condominiums have
increased the evening vehicle traffic
causing major traffic delays when the
bridges are lifted. While the Milwaukee
River is the primary concern with
residents and mariners, this rulemaking
proposes changes to the language
governing bridges in the entire
Milwaukee Harbor area, for the purpose
of updating these regulations to
accurately reflect the current
operational needs of these bridges and
make them easier to understand by the
general public.
Currently, the Canadian Pacific
Railroad Bridge at Mile 1.74 over the
Burnham Canal and the Sixth Street
Bridge at Mile 1.37 over the Menomonee
River are closed by regulation and do
not need to open for the passage of
vessels. The City of Milwaukee has
requested that the Sixteenth Street
Bridge, mile 2.14, over the Menomonee
River remain closed and not open by
regulation. No vessels have requested a
bridge opening in at least 10 years and
the bridge provides a horizontal
clearance of 120 feet and a vertical
clearance of 35 feet above IGLD85,
allowing most vessels to pass under the
bridge without an opening. The Coast
Guard is working with the city of
Milwaukee to convert the Sixteenth
Street Bridge to a fixed structure.
Ice has historically hindered or
prevented navigation during the winter
months. For the last eight years the
Coast Guard has authorized the
drawbridges to open on signal with a
12-hour advance notice of arrival for
vessels from November 19th to April
16th. After careful review of the
drawtender logs provided by the City of
Milwaukee, the Coast Guard proposes to
allow all bridges to require a 12-hour
advance notice for openings from
November 1st to April 15th each year.
The City of Milwaukee requested that
from 11 p.m. to 7 a.m. daily, the bridges
would open on signal with a 2-hour
advance notice. During these hours the
bridges would not be manned and
roving drawtenders would open the
bridges for vessels. After reviewing the
2016, 2017, and 2018 drawtender logs it
was found that for those hours between
April and November of each year an
average of 45 vessels requested
openings. Of these requests an average
of 32 openings were between the hours
of 11 p.m. and midnight. From midnight
to 7 a.m. there were only 13 vessels that
requested openings. After reviewing the
data we have concluded that due to a
lack of openings from midnight to 7 a.m.
that a two-hour advance notice of arrival
for a bridge opening meets the
reasonable needs of navigation.
The City of Milwaukee also reported
receiving several complaints from
residents in the downtown area
concerning the noise associated with the
waterfront. To improve the quality of
downtown living we propose to remove
the special sound signals listed in the
CFR for each bridge. Mariners would
request openings by using the standard
sound signal of one prolonged blast
followed by one short blast or by
agreement on VHF–FM Marine Radio or
by telephone. From Midnight to 7 a.m.
the bridges would require a 2-hour
advance notice of arrival provided by
VHF–FM Marine Radio or by telephone,
thus reducing some of the noise
associated with the waterfront.
The City of Milwaukee requests to
operate the following bridges remotely:
North Plankinton Avenue, mile 1.08,
North Sixth Street, mile 1.37, and North
Ember Lane, mile 1.95, all over the
Menomonee River. Each remotely
operated bridge will have sufficient
equipment to operate as if a drawtender
is in attendance at the bridge. No
drawtender will be responsible for
monitoring or operating more than 3
drawbridges at any time. At a minimum
each remotely operated drawbridge will
have the capabilities to communicate by
2-way public address system,
equipment capable of making
appropriate sound signals as required,
and have adequate camera systems in
place to safely operate the bridge.
The current regulation allows for no
openings from 7:30 a.m. to 8:30 a.m. and
from 4:30 p.m. to 5:30 p.m. for vehicular
rush hours. The city has requested to
start the evening rush hour at 4 p.m.
instead of 4:30 p.m. to help relieve
vehicle congestion. The city of
Milwaukee provided the following
vehicle data compiled by the Wisconsin
Department of Transportation to support
the additional 30 minutes of evening
rush hour times. We have averaged the
data into the following table:
Bridge name
Daily average
vehicle counts
Average vehicle
counts 4:30 p.m.
to 5:30 p.m.
Average vehicle
counts 4 p.m.
to 4:30 p.m.
Average vehicle
counts 4:00 p.m.
to 5:30 p.m.
Broadway .............................................................................................
Water St ...............................................................................................
St Paul Ave ..........................................................................................
Clybourn St ..........................................................................................
Michigan St ..........................................................................................
Wisconsin Ave .....................................................................................
Wells St ................................................................................................
Kilbourn Ave .........................................................................................
11,201 ..............
17,753 ..............
10,344 ..............
11,262 ..............
10,484 ..............
10,423 ..............
8,372 ................
15,590 ..............
1,582 ................
1,669 ................
No Data ............
955 ...................
1,202 ................
1,144 ................
1,114 ................
No Data ............
332 ...................
742 ...................
No Data ............
848 ...................
304 ...................
323 ...................
295 ...................
No Data ............
1,914.
2,411.
No Data.
1,803.
1,506.
1,467.
1,409.
No Data.
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Bridge name
Daily average
vehicle counts
Juneau Ave ..........................................................................................
Cherry St ..............................................................................................
Pleasant St ...........................................................................................
Knapp St ..............................................................................................
Kinnickinnic Ave ...................................................................................
South First St .......................................................................................
North Plankinton Ave ...........................................................................
North 6th St ..........................................................................................
South 6th St .........................................................................................
(Muskego) Emmber Ln ........................................................................
1st Street ..............................................................................................
7,265 ................
No Data ............
6,307 ................
20,792 ..............
17,019 ..............
12,992 ..............
6,578 ................
15,045 ..............
15,045 ..............
4,616 ................
13,772 ..............
Based on the data provided we intend
to extend the rush hour times of no lifts
to 4 p.m. to 5:30 p.m. Monday through
Friday, except Federal Holidays.
Additionally, at the time when the
original regulation was being written the
stipulating regulation regarding the
opening of bridges for public safety
vessels had not yet been promulgated.
An exception was included for vessels
carrying U.S. mail and vessels that carry
over 50 passengers for hire. The mail
service no longer arrives by vessel.
Limiting the exclusion by passenger
count excludes other commercial
vessels from transiting the river. This
exclusion is only for the times the
bridges do not need to open during high
traffic times. During the test deviation,
which is planned for the summer of
2020, the intent is to modify this
exception to read: ‘‘vessels documented
at 10 tons or more.’’ This prevents tug
and barge, cement boats, some
passenger vessels, and other large
vessels (commercial or recreational)
from getting trapped between bridges,
which creates an especially unsafe
condition.
The new exemption only prevents
vessels from being trapped between
bridges and does not exempt vessels
from any times the bridges are not
required to open. In other Great Lakes
ports exemptions are allowed for safety
reasons, it prevents a large vessel from
station keeping in a restricted area with
other smaller craft that could be
damaged from the larger vessel.
Additionally, if all commercial vessels
were given a complete exemption to the
periods where no bridge openings are
required, also known as ‘‘Rush Hours,’’
then there would be no relief for the
traffic congestion the downtown area is
experiencing.
The two-hour advance notice
requirement for all other bridges as
noted in the ANPRM, has been in place
since 1965 with no request to amend it.
Most of these bridges have a clearance
of 14 feet above IGLD85 or have limited
requests for openings.
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Average vehicle
counts 4:30 p.m.
to 5:30 p.m.
Average vehicle
counts 4 p.m.
to 4:30 p.m.
Average vehicle
counts 4:00 p.m.
to 5:30 p.m.
No
No
No
No
No
No
No
No
No
No
No
No Data ............
No Data ............
882 PEAK .........
No Data ............
No Data ............
No Data ............
768 PEAK Daily
No Data ............
No Data ............
No Data ............
902 ...................
No Data.
No Data.
No Data.
No Data.
No Data.
No Data.
No Data.
No Data.
No Data.
No Data.
4,107.
Data
Data
Data
Data
Data
Data
Data
Data
Data
Data
Data
The test deviation will start at
midnight on April 15, 2020 and end at
midnight on November 1, 2020.
The operating schedule authorized:
The draws of the bridges over the
Milwaukee River shall operate as
follows:
(1) The draws of the North Broadway
Street bridge, mile 0.5, and North Water
Street bridge, mile 0.6, and Michigan
Street bridge, mile 1.1, shall open on
signal; except that, from April 16th
through November 1st, from 7:30 a.m. to
8:30 a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal
holidays, the draws need not be opened,
and from midnight to 7 a.m. Monday
through Saturday, except Federal
holidays, the bridges will open on signal
if a 2-hour advance notice is provided.
(2) The draws of all other bridges
across the Milwaukee River shall open
on signal if at least 2-hours’ notice is
given except that, from April 16th
through November 1st, from 7:30 a.m. to
8:30 a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal
holidays, the draws need not be opened.
(3) The following bridges are remotely
operated, are required to operate a
radiotelephone, and shall open as noted
in this section; St Paul Avenue, mile
1.21, Clybourn Street, mile 1.28, Wells
Street, mile 1.61, Kilbourn Street, mile
1.70, State Street, mile 1.79, Highland
Avenue, mile 1.97, and Knapp Street,
mile 2.14.
(4) No vessel documented 10 tons or
greater shall be held between any bridge
at any time and must be passed as soon
as possible.
(5) From November 2nd through April
15th, all drawbridges over the
Milwaukee River will open on signal if
a 12-hour advance notice is provided.
The draws of bridges across the
Menomonee River and South
Menomonee Canal operate as follows:
(1) The draw of the North Plankinton
Avenue bridge across the Menomonee
River, mile 1.08, shall open on signal;
except that, from April 16th through
November 1st, from 7:30 a.m. to 8:30
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............
............
............
............
............
a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal
holidays, the draws need not be opened,
and from midnight to 7 a.m. Monday
through Friday, except Federal holidays,
the bridges will open on signal if a 2hour advance notice is provided.
(2) The draws of all other bridges
across the Menomonee River and South
Menomonee Canal shall open on signal
if at least 2-hours’ notice is given except
that, from April 16th through November
1st, from 7:30 a.m. to 8:30 a.m. and from
4 p.m. to 5:30 p.m. Monday through
Friday, except Federal holidays, the
draws need not be opened.
(3) The following bridges are remotely
operated, are required to operate a
radiotelephone, and shall open as noted
in this section; North Plankinton
Avenue, mile 1.08, North Sixth Street,
mile 1.37, and North Ember Lane, mile
1.95, all over the Menomonee River and
South Sixth Street, mile 1.51, over the
South Menomonee Canal.
(4) No commercial vessel over 50 tons
shall be held between any bridge at any
time and must be passed as soon as
possible.
(5) From November 2nd through April
15th, all drawbridges over the
Menomonee River and South
Menomonee Canal will open on signal
if a 12-hour advance notice is provided.
The draws of bridges across the
Kinnickinnic River operate as follows:
(1) The draw of the Kinnickinnic
Avenue bridge, mile 1.5, shall open on
signal; except that, from April 16th
through November 1st, from 7:30 a.m. to
8:30 a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal
holidays, the draws need not be opened,
and from midnight to 7 a.m. Monday
through Friday, except Federal holidays,
the bridges will open on signal if a 2hour advance notice is provided.
(2) The draws of all other bridges
across the Kinnickinnic River shall open
on signal if at least 2-hours’ notice is
given except that, from April 16th
through November 1st, from 7:30 a.m. to
8:30 a.m. and from 4 p.m. to 5:30 p.m.
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Monday through Friday, except Federal
holidays, the draws need not be opened.
(3) The following bridges are remotely
operated, are required to operate a
radiotelephone, and shall open as noted
in this section; The South First Street
Bridge, mile 1.78.
(4) No commercial vessel over 50 tons
shall be held between any bridge at any
time and must be passed as soon as
possible.
(5) From November 2nd through April
15th, all drawbridges over the
Kinnickinnic River will open on signal
if a 12-hour advance notice is provided.
The Canadian Pacific Railroad Bridge
at Mile 1.74 over the Burnham Canal,
and the Sixteenth Street Bridge, mile
2.14, over the Menomonee River are
closed by regulation and do not need to
open for the passage of vessels.
During non-special event weekdays
the owners of all affected bridges will
provide records showing the dates and
times of bridge openings and the type of
vessels the bridge opened for. The city
of Milwaukee will also provide
information on the vehicle congestion
caused or improved by the temporary
deviation by providing the number of
vehicles waiting for the bridge to close
after a vessel passes.
Because we took into consideration
the comments from the ANPRM, vehicle
counts, and past three years of vehicle
counts, we believe the test deviation
will have a limited impact on vessels.
The city of Milwaukee held public
discussions about the potential rule
change through public works meetings
conducted throughout the summer of
2018. Prior to asking for our review, this
office reached out to several commercial
vessels which operate on the affected
waterways prior to the release of the
ANPRM. These actions were aimed at
developing a test deviation that took all
pertinent comments and concerns under
consideration.
Vessels that can safely pass under the
bridge without an opening may do so at
any time. The Coast Guard will also
inform the users of the waterways of the
change in operating schedule for the
bridges through our Local and Broadcast
Notices to Mariners.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
II. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
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received during the comment period.
Your comment can help shape the
outcome of this rulemaking. Should you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. Documents mentioned in this
NPRM as being available in this docket
and all public comments, will be in our
online docket at https://
www.regulations.gov, and can be viewed
by following that website’s instructions.
Additionally, if you go to the online
docket and sign up for email alerts, you
will be notified when comments are
posted or a final rule is published.
Dated: February 25, 2020.
D. L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2020–04659 Filed 3–6–20; 8:45 am]
BILLING CODE 9110–04–P
The regulations in 33 CFR
165.845 will be enforced from 9 p.m. to
10 p.m. on March 18, 2020.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
Commander Corinne Plummer, Sector
New Orleans, U.S. Coast Guard;
telephone 504–365–2375, email
Corinne.M.Plummer@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone
located in 33 CFR 165.845 for the River
Center Fireworks Display event. The
regulations will be enforced from 9:00
p.m. through 10:00 p.m. on March 18,
2020. This action is being taken to
provide for the safety of life on
navigable waterways during this event,
which will be located between MM 95.7
and MM 96.7 above Head of Passes,
Lower Mississippi River, LA. During the
enforcement periods, if you are the
operator of a vessel in the regulated area
you must comply with directions from
the Patrol Commander or any Official
Patrol displaying a Coast Guard Ensign.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via a Marine Safety Information Bulletin
and Broadcast Notice to Mariners.
DATES:
Dated: March 2, 2020.
K.M. Luttrell,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2020–04664 Filed 3–6–20; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
33 CFR 165
[Docket No. USCG–2020–0105]
[Docket Number USCG–2016–1067]
Safety Zone; New Orleans, LA
RIN 1625–AA00
Coast Guard, DHS.
ACTION: Notice of enforcement of
regulation.
Safety Zone; Hurricanes, Tropical
Storms and Other Disasters in South
Florida
AGENCY:
The Coast Guard will enforce
a temporary safety zone between mile
marker (MM) 95.7 and MM 96.7 above
Head of Passes, Lower Mississippi
River, LA. This action is necessary to
provide for the safety of life on these
navigable waters near New Orleans, LA,
during a fireworks display on March 18,
2020. During the enforcement periods,
the operator of any vessel in the
regulated area must comply with
directions from the Patrol Commander
or any Official Patrol displaying a Coast
Guard ensign.
SUMMARY:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard will
establish a safety zone that would
restrict certain vessels from entering or
transiting through certain navigable
waters in the Miami River and Ports of
Miami, Everglades, Palm Beach and Fort
Pierce during periods of reduced or
restricted visibility due to tropical storm
force winds (39–73 mph/34–63 knots),
hurricanes and/or other disasters. This
action is necessary for the safety of life
SUMMARY:
E:\FR\FM\09MRR1.SGM
09MRR1
]]>Agencies
[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13517-13520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04659]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0824]
Drawbridge Operation Regulation; Milwaukee, Menomonee, and
Kinnickinnic Rivers and Burnham Canals, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation from regulations; request for
comments.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is seeking information and comments during a
test schedule for the bridges crossing the Milwaukee, Menomonee,
Kinnickinnic River, South Menomonee River, and Burnham Canals. The city
of Milwaukee requested the regulations to be reviewed and updated to
allow for a more balanced flow of maritime and land based
transportation. The current regulation has been in place for over 30
years and is obsolete. This deviation will test a change to the
drawbridge operation schedule to determine whether a permanent change
to the schedule is needed. The Coast Guard is seeking comments from the
public regarding these proposed changes.
DATES: This deviation is effective from midnight on April 15, 2020 and
ends at midnight on November 2, 2020.
Comments and related material must reach the Coast Guard on or
before November 2, 2020.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0824 using Federal eRulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
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. Background, Purpose, and Legal Basis
The Milwaukee River is approximately 104 miles long. Beginning in
Fond du Lac County the river flows easterly to a low head dam just
above the Humboldt Avenue Bridge at mile 3.22 in downtown Milwaukee,
WI. From here the river flows south to Lake Michigan. This southerly
course of the Milwaukee River divides the lakefront area from the rest
of the city. The Menomonee River joins the Milwaukee River at Mile 1.01
with the Kinnickinnic River joining the Milwaukee River at Mile 0.39.
21 bridges cross the Milwaukee River from mile 0.19 to mile 3.22. In
the early 20th Century, the Milwaukee River was heavily used to support
the industries in and around the Great Lakes. Today, the river has been
redeveloped as a tourist and recreational destination. From its
confluence with the Milwaukee River the Menomonee River flows west for
33 miles. The lower three miles of the Menomonee River is passable by
vessels over 600 feet in length. Seven bridges cross the navigable
portion of the Menomonee River.
The South Menomonee Canal and the Burnham Canal were both excavated
during a waterways improvement project in 1864. Both man-made canals
are tributaries of the Menomonee River branching just above its mouth.
The South Menomonee Canal is crossed by two bridges and the Burnham
Canal is crossed by three bridges. The Kinnickinnic River flows north
through the southern portion of the City of Milwaukee connecting with
the Milwaukee River near Lake Michigan. Only the lower 2.30 miles of
the river have been improved for vessel use. Five bridges cross the
river with the Lincoln Avenue Bridge at the head of navigation.
Freighters up to 1,000 feet in length transfer cargoes at the
confluence of the Kinnickinnic and Milwaukee Rivers. Most of the
recreational vessels in Milwaukee moor in the lake front marinas and
only transit the rivers. Boat yards on the Menomonee and Kinnickinnic
rivers haul out and store most of the recreational vessels in the fall
and winter months and launch the vessels in the spring. This action
contributes to a considerable surge in drawbridge openings in the fall
and spring.
The following bridges will be included in the test deviation: The
Union Pacific Railroad Bridge, mile 0.59, over the Milwaukee River with
a vertical clearance in the closed position of 7 feet above internet
Great Lakes Datum of 1985 (IGLD85). The Broadway Street Bridge, mile
0.79, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Water Street Bridge, mile 0.94,
over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The St. Paul Avenue Bridge, mile
1.21, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Clybourn Street Bridge, mile
1.28, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. Michigan Street Bridge, mile 1.37,
over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Wisconsin Avenue Bridge, mile
1.46, over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Wells Street Bridge, mile 1.61,
over the Milwaukee River with a vertical clearance in the closed
position of 12 feet above IGLD85. The Kilbourn Avenue Bridge, mile
1.70, over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The State Street Bridge, mile 1.79,
over the Milwaukee River with a vertical clearance in the closed
position of 14 feet above IGLD85. The Highland Avenue Pedestrian
Bridge, mile 1.97, over the Milwaukee River with a vertical clearance
in the closed position of 12 feet above IGLD85. The Juneau Avenue
Bridge, mile 2.06, over the Milwaukee River with a vertical clearance
in the closed position of 14 feet above IGLD85. The Knapp Street/Park
Freeway Bridge, mile 2.14, over the Milwaukee River with a vertical
clearance in the closed position of 16 feet above IGLD85. The Cherry
Street Bridge, mile 2.29, over the Milwaukee River with a vertical
clearance in the closed position of 14 feet above IGLD85. The Pleasant
Street Bridge, mile 2.58, over the Milwaukee River with a vertical
clearance in the closed position of 14 feet above IGLD85. The Canadian
Pacific Railroad Bridge, mile 1.05, over the Menomonee River with a
vertical clearance in the closed position of 8 feet above IGLD85. The
North Plankinton Avenue Bridge, mile 1.08, over the Menomonee River
with a vertical clearance in the closed position
[[Page 13518]]
of 14 feet above IGLD85. The North Sixth Street Bridge, mile 1.37, over
the Menomonee River with a vertical clearance in the closed position of
23 feet above IGLD85. The Ember Lane Bridge, mile 1.95, over the
Menomonee River with a vertical clearance in the closed position of 12
feet above IGLD85. The Sixteenth Street Bridge, mile 2.14, over the
Menomonee River with a vertical clearance in the closed position of 35
feet above IGLD85. The South Sixth Street Bridge, mile 1.51, over the
South Menomonee Canal with a vertical clearance in the closed position
of 8 feet above IGLD85. The Union Pacific Railroad Bridge, mile 1.19,
over the Kinnickinnic River with a vertical clearance in the closed
position of 8 feet above IGLD85. The Kinnickinnic Avenue Bridge, mile
1.67, over the Kinnickinnic River with a vertical clearance in the
closed position of 8 feet above IGLD85. The Canadian Pacific Railroad
Bridge, mile 1.67, over the Kinnickinnic River with a vertical
clearance in the closed position of 15 feet above IGLD85. Finally, the
South First Street Bridge, mile 1.78, over the Kinnickinnic River with
a vertical clearance in the closed position of 14 feet above IGLD85.
These bridges currently operate under Title 33 of the Code of Federal
Regulations (33 CFR) section 117.1093.
In response to downtown Milwaukee residents' concerns regarding a
pronounced increase in vehicular traffic in the area, the City of
Milwaukee has requested a complete review of the bridge regulations in
this area.
Over the years these regulations have been amended considerably.
This has had the effect of making them difficult to comprehend to the
average person. Additionally, the cyclic higher water levels over the
past 3 years and increased number of passenger vessels in the downtown
area have resulted in significantly more bridge openings. Finally, the
conversion of older business buildings into condominiums have increased
the evening vehicle traffic causing major traffic delays when the
bridges are lifted. While the Milwaukee River is the primary concern
with residents and mariners, this rulemaking proposes changes to the
language governing bridges in the entire Milwaukee Harbor area, for the
purpose of updating these regulations to accurately reflect the current
operational needs of these bridges and make them easier to understand
by the general public.
Currently, the Canadian Pacific Railroad Bridge at Mile 1.74 over
the Burnham Canal and the Sixth Street Bridge at Mile 1.37 over the
Menomonee River are closed by regulation and do not need to open for
the passage of vessels. The City of Milwaukee has requested that the
Sixteenth Street Bridge, mile 2.14, over the Menomonee River remain
closed and not open by regulation. No vessels have requested a bridge
opening in at least 10 years and the bridge provides a horizontal
clearance of 120 feet and a vertical clearance of 35 feet above IGLD85,
allowing most vessels to pass under the bridge without an opening. The
Coast Guard is working with the city of Milwaukee to convert the
Sixteenth Street Bridge to a fixed structure.
Ice has historically hindered or prevented navigation during the
winter months. For the last eight years the Coast Guard has authorized
the drawbridges to open on signal with a 12-hour advance notice of
arrival for vessels from November 19th to April 16th. After careful
review of the drawtender logs provided by the City of Milwaukee, the
Coast Guard proposes to allow all bridges to require a 12-hour advance
notice for openings from November 1st to April 15th each year.
The City of Milwaukee requested that from 11 p.m. to 7 a.m. daily,
the bridges would open on signal with a 2-hour advance notice. During
these hours the bridges would not be manned and roving drawtenders
would open the bridges for vessels. After reviewing the 2016, 2017, and
2018 drawtender logs it was found that for those hours between April
and November of each year an average of 45 vessels requested openings.
Of these requests an average of 32 openings were between the hours of
11 p.m. and midnight. From midnight to 7 a.m. there were only 13
vessels that requested openings. After reviewing the data we have
concluded that due to a lack of openings from midnight to 7 a.m. that a
two-hour advance notice of arrival for a bridge opening meets the
reasonable needs of navigation.
The City of Milwaukee also reported receiving several complaints
from residents in the downtown area concerning the noise associated
with the waterfront. To improve the quality of downtown living we
propose to remove the special sound signals listed in the CFR for each
bridge. Mariners would request openings by using the standard sound
signal of one prolonged blast followed by one short blast or by
agreement on VHF-FM Marine Radio or by telephone. From Midnight to 7
a.m. the bridges would require a 2-hour advance notice of arrival
provided by VHF-FM Marine Radio or by telephone, thus reducing some of
the noise associated with the waterfront.
The City of Milwaukee requests to operate the following bridges
remotely: North Plankinton Avenue, mile 1.08, North Sixth Street, mile
1.37, and North Ember Lane, mile 1.95, all over the Menomonee River.
Each remotely operated bridge will have sufficient equipment to operate
as if a drawtender is in attendance at the bridge. No drawtender will
be responsible for monitoring or operating more than 3 drawbridges at
any time. At a minimum each remotely operated drawbridge will have the
capabilities to communicate by 2-way public address system, equipment
capable of making appropriate sound signals as required, and have
adequate camera systems in place to safely operate the bridge.
The current regulation allows for no openings from 7:30 a.m. to
8:30 a.m. and from 4:30 p.m. to 5:30 p.m. for vehicular rush hours. The
city has requested to start the evening rush hour at 4 p.m. instead of
4:30 p.m. to help relieve vehicle congestion. The city of Milwaukee
provided the following vehicle data compiled by the Wisconsin
Department of Transportation to support the additional 30 minutes of
evening rush hour times. We have averaged the data into the following
table:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Daily average vehicle Average vehicle counts Average vehicle counts 4 Average vehicle counts
Bridge name counts 4:30 p.m. to 5:30 p.m. p.m. to 4:30 p.m. 4:00 p.m. to 5:30 p.m.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Broadway............................ 11,201..................... 1,582...................... 332........................ 1,914.
Water St............................ 17,753..................... 1,669...................... 742........................ 2,411.
St Paul Ave......................... 10,344..................... No Data.................... No Data.................... No Data.
Clybourn St......................... 11,262..................... 955........................ 848........................ 1,803.
Michigan St......................... 10,484..................... 1,202...................... 304........................ 1,506.
Wisconsin Ave....................... 10,423..................... 1,144...................... 323........................ 1,467.
Wells St............................ 8,372...................... 1,114...................... 295........................ 1,409.
Kilbourn Ave........................ 15,590..................... No Data.................... No Data.................... No Data.
[[Page 13519]]
Juneau Ave.......................... 7,265...................... No Data.................... No Data.................... No Data.
Cherry St........................... No Data.................... No Data.................... No Data.................... No Data.
Pleasant St......................... 6,307...................... No Data.................... 882 PEAK................... No Data.
Knapp St............................ 20,792..................... No Data.................... No Data.................... No Data.
Kinnickinnic Ave.................... 17,019..................... No Data.................... No Data.................... No Data.
South First St...................... 12,992..................... No Data.................... No Data.................... No Data.
North Plankinton Ave................ 6,578...................... No Data.................... 768 PEAK Daily............. No Data.
North 6th St........................ 15,045..................... No Data.................... No Data.................... No Data.
South 6th St........................ 15,045..................... No Data.................... No Data.................... No Data.
(Muskego) Emmber Ln................. 4,616...................... No Data.................... No Data.................... No Data.
1st Street.......................... 13,772..................... No Data.................... 902........................ 4,107.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Based on the data provided we intend to extend the rush hour times of
no lifts to 4 p.m. to 5:30 p.m. Monday through Friday, except Federal
Holidays.
Additionally, at the time when the original regulation was being
written the stipulating regulation regarding the opening of bridges for
public safety vessels had not yet been promulgated. An exception was
included for vessels carrying U.S. mail and vessels that carry over 50
passengers for hire. The mail service no longer arrives by vessel.
Limiting the exclusion by passenger count excludes other commercial
vessels from transiting the river. This exclusion is only for the times
the bridges do not need to open during high traffic times. During the
test deviation, which is planned for the summer of 2020, the intent is
to modify this exception to read: ``vessels documented at 10 tons or
more.'' This prevents tug and barge, cement boats, some passenger
vessels, and other large vessels (commercial or recreational) from
getting trapped between bridges, which creates an especially unsafe
condition.
The new exemption only prevents vessels from being trapped between
bridges and does not exempt vessels from any times the bridges are not
required to open. In other Great Lakes ports exemptions are allowed for
safety reasons, it prevents a large vessel from station keeping in a
restricted area with other smaller craft that could be damaged from the
larger vessel. Additionally, if all commercial vessels were given a
complete exemption to the periods where no bridge openings are
required, also known as ``Rush Hours,'' then there would be no relief
for the traffic congestion the downtown area is experiencing.
The two-hour advance notice requirement for all other bridges as
noted in the ANPRM, has been in place since 1965 with no request to
amend it. Most of these bridges have a clearance of 14 feet above
IGLD85 or have limited requests for openings.
The test deviation will start at midnight on April 15, 2020 and end
at midnight on November 1, 2020.
The operating schedule authorized:
The draws of the bridges over the Milwaukee River shall operate as
follows:
(1) The draws of the North Broadway Street bridge, mile 0.5, and
North Water Street bridge, mile 0.6, and Michigan Street bridge, mile
1.1, shall open on signal; except that, from April 16th through
November 1st, from 7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m.
Monday through Friday, except Federal holidays, the draws need not be
opened, and from midnight to 7 a.m. Monday through Saturday, except
Federal holidays, the bridges will open on signal if a 2-hour advance
notice is provided.
(2) The draws of all other bridges across the Milwaukee River shall
open on signal if at least 2-hours' notice is given except that, from
April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4
p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the
draws need not be opened.
(3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section; St
Paul Avenue, mile 1.21, Clybourn Street, mile 1.28, Wells Street, mile
1.61, Kilbourn Street, mile 1.70, State Street, mile 1.79, Highland
Avenue, mile 1.97, and Knapp Street, mile 2.14.
(4) No vessel documented 10 tons or greater shall be held between
any bridge at any time and must be passed as soon as possible.
(5) From November 2nd through April 15th, all drawbridges over the
Milwaukee River will open on signal if a 12-hour advance notice is
provided. The draws of bridges across the Menomonee River and South
Menomonee Canal operate as follows:
(1) The draw of the North Plankinton Avenue bridge across the
Menomonee River, mile 1.08, shall open on signal; except that, from
April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4
p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the
draws need not be opened, and from midnight to 7 a.m. Monday through
Friday, except Federal holidays, the bridges will open on signal if a
2-hour advance notice is provided.
(2) The draws of all other bridges across the Menomonee River and
South Menomonee Canal shall open on signal if at least 2-hours' notice
is given except that, from April 16th through November 1st, from 7:30
a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m. Monday through Friday,
except Federal holidays, the draws need not be opened.
(3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section;
North Plankinton Avenue, mile 1.08, North Sixth Street, mile 1.37, and
North Ember Lane, mile 1.95, all over the Menomonee River and South
Sixth Street, mile 1.51, over the South Menomonee Canal.
(4) No commercial vessel over 50 tons shall be held between any
bridge at any time and must be passed as soon as possible.
(5) From November 2nd through April 15th, all drawbridges over the
Menomonee River and South Menomonee Canal will open on signal if a 12-
hour advance notice is provided.
The draws of bridges across the Kinnickinnic River operate as
follows:
(1) The draw of the Kinnickinnic Avenue bridge, mile 1.5, shall
open on signal; except that, from April 16th through November 1st, from
7:30 a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m. Monday through
Friday, except Federal holidays, the draws need not be opened, and from
midnight to 7 a.m. Monday through Friday, except Federal holidays, the
bridges will open on signal if a 2-hour advance notice is provided.
(2) The draws of all other bridges across the Kinnickinnic River
shall open on signal if at least 2-hours' notice is given except that,
from April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and
from 4 p.m. to 5:30 p.m.
[[Page 13520]]
Monday through Friday, except Federal holidays, the draws need not be
opened.
(3) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section; The
South First Street Bridge, mile 1.78.
(4) No commercial vessel over 50 tons shall be held between any
bridge at any time and must be passed as soon as possible.
(5) From November 2nd through April 15th, all drawbridges over the
Kinnickinnic River will open on signal if a 12-hour advance notice is
provided.
The Canadian Pacific Railroad Bridge at Mile 1.74 over the Burnham
Canal, and the Sixteenth Street Bridge, mile 2.14, over the Menomonee
River are closed by regulation and do not need to open for the passage
of vessels.
During non-special event weekdays the owners of all affected
bridges will provide records showing the dates and times of bridge
openings and the type of vessels the bridge opened for. The city of
Milwaukee will also provide information on the vehicle congestion
caused or improved by the temporary deviation by providing the number
of vehicles waiting for the bridge to close after a vessel passes.
Because we took into consideration the comments from the ANPRM,
vehicle counts, and past three years of vehicle counts, we believe the
test deviation will have a limited impact on vessels.
The city of Milwaukee held public discussions about the potential
rule change through public works meetings conducted throughout the
summer of 2018. Prior to asking for our review, this office reached out
to several commercial vessels which operate on the affected waterways
prior to the release of the ANPRM. These actions were aimed at
developing a test deviation that took all pertinent comments and
concerns under consideration.
Vessels that can safely pass under the bridge without an opening
may do so at any time. The Coast Guard will also inform the users of
the waterways of the change in operating schedule for the bridges
through our Local and Broadcast Notices to Mariners.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.
II. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking.
Should you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. Documents mentioned in this
NPRM as being available in this docket and all public comments, will be
in our online docket at https://www.regulations.gov, and can be viewed
by following that website's instructions. Additionally, if you go to
the online docket and sign up for email alerts, you will be notified
when comments are posted or a final rule is published.
Dated: February 25, 2020.
D. L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-04659 Filed 3-6-20; 8:45 am]
BILLING CODE 9110-04-P
