Drawbridge Operation Regulation; Milwaukee, Menomonee, and Kinnickinnic Rivers and Burnham Canals, Milwaukee, WI, 20344-20348 [2021-07990]
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(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2015–0017.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(h) Exceptions to EASA AD 2015–0017
(1) Where EASA AD 2015–0017 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) Where Note 1 of EASA AD 2015–0017
specifies a non-cumulative compliance time
tolerance of 10% for certain required
compliance times, this AD does not allow
this tolerance.
(3) Where paragraph (1) of EASA AD 2015–
0017 specifies a compliance time of ‘‘not to
exceed 30 days’’, this AD requires a
compliance time of within 13 hours time-inservice.
(4) Where paragraph (4) of EASA AD 2015–
0017 specifies a compliance time of ‘‘within
9 months’’, this AD requires a compliance
time of within 108 hours time-in-service.
(5) Where paragraph (5) of EASA AD 2015–
0017 specifies a compliance time of ‘‘within
3 months’’, this AD requires a compliance
time of within 36 hours time-in-service.
(6) Where paragraph (3) of EASA AD 2015–
0017 specifies replacing a part with a
serviceable part, this AD requires removing
the part from service.
(7) Where the service information
referenced in EASA AD 2015–0017 specifies
to use tooling, equivalent tooling may be
used.
(8) Where the service information
referenced in paragraph (2) of EASA AD
2015–0017 specifies a visual check of the
control grip coiled cable, this AD requires,
before next flight after the effective date of
this AD involving a hoist operation, visually
checking the control grip with coiled cable
for mechanical damage including deformed
or damaged switches, damaged housing,
abrasion, cracks, and cuts. These visual
checks may be performed by the owner/
operator (pilot) holding at least a private pilot
certificate and must be entered into the
aircraft records showing compliance with
this AD in accordance with 14 CFR 43.9(a)(1)
through (4) and 14 CFR 91.417(a)(2)(v). The
record must be maintained as required by 14
CFR 91.417, 121.380, or 135.439.
(9) Where EASA AD 2015–0017 refers to
November 10, 2014, the effective date of
EASA AD 2014–0235, this AD requires using
the effective date of this AD.
(10) The ‘‘Remarks’’ section of EASA AD
2015–0017 does not apply to this AD.
(j) Related Information
(1) For EASA AD 2015–0017, contact the
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX 76177.
For information on the availability of this
material at the FAA, call 817–222–5110. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0308.
(2) For more information about this AD,
contact Blaine Williams, Aerospace Engineer,
Cabin Safety & Environmental Systems
Section, Los Angeles ACO Branch,
Compliance & Airworthiness Division, 3960
Paramount Blvd., Lakewood, CA 90712;
telephone (562) 627–5371; email
blaine.williams@faa.gov.
Issued on April 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (j)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
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[FR Doc. 2021–07800 Filed 4–16–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2019–0824]
RIN 1625–AA09
Drawbridge Operation Regulation;
Milwaukee, Menomonee, and
Kinnickinnic Rivers and Burnham
Canals, Milwaukee, WI
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
change the operating schedules of the
bridges over the Milwaukee,
Menomonee, and Kinnickinnic Rivers
and South Menomonee 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.
DATES: Comments and relate material
must reach the Coast Guard on or before
June 18, 2021.
ADDRESSES: You may submit comments
identified by docket number USCG–
SUMMARY:
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2019–0824 using Federal e-Rulemaking
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.
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.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of
1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
II. 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
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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 proposed rule: 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
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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
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
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.
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Finally, the conversion of older business
building 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.
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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.
III. Discussion of Proposed Rule
On April 8, 2020 we published a
Temporary Deviation, request for
comments in FR 2020–06822 and we
did not receive any comments. We
published a Temporary Final Rule on
March 9, 2020 in FR 2020–04659
requesting comments before November
2, 2020. This Temporary Final Rule
allowed the city to test the new
schedule and allow residents to
comment all summer.
Several comments were directed at
the operation of the Canadian Pacific
Railroad Bridge, mile 1.05, over the
Menomonee River. Most of the
comments were complaints filed on
Coast Guard Delay reports that claims
the Canadian Pacific Railroad Bridge,
mile 1.05, over the Menomonee River,
did, on August 6, 2020 on or about noon
that day fail to respond to signals for
opening and fail to open the bridge
within the 2-hour requirement. The
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tender stated the request for advance
notice for bridge opening was not
passed on by the previous drawtender
and that priority was given to working
on a train and not tending to the bridge.
This resulted in three large vessels stuck
between bridges waiting for the railroad
bridge to open for two hours and fortyfive minutes past the arrival time
provided by the vessels. We received a
separate report that the bridge was out
of service for four days, no report was
given to the U.S. Coast Guard Command
Center and at least one vessel was
delayed for four days. We received
another report that the bridge was
unable to open on October 6, 2020
because the bridge supervisor directed
the drawtender to a different location
for the day and no other operators were
available until the following day. We
received a separate report on the same
day of October 6, 2020 from a second
vessel that was told railroad had been
attempting to call in another drawtender
from 4:30 a.m. to 8:19 a.m. without
success and the bridge would not open
for maritime traffic. On or about June
13, 2020 three sailing vessels were
observed waiting at the Canadian Pacific
Railroad Bridge at 3:23 p.m. and were
not provided an opening until after 5:30
p.m.
The second report was a comment
submitted to the Regulations.Gov portal
that requested the schedules to return to
the original schedules citing vessels
were using excessive speed to go
through the river to make the new
schedule. The speed limits in the harbor
needs to be addressed by the agency
responsible for posting the speed limits
in the harbor and the author did not
consider the needs of all modes of
transportation involved with the
decision.
On March 30, 2021 we received a
report from a public vessel that, the
drawtender did inform the vessel that
requested an opening that a new law
required the bridge to remain closed if
ice was present.
Our office did engage with residents
verbally over the phone on several
occasions to answer questions and
encouraged them to leave comments on
the regulations.gov website.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes and Executive
Orders and we discuss First
Amendment rights of protestors.
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A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
This NPRM has not been designated a
‘‘significant regulatory action,’’ under
Executive Order 12866. Accordingly,
the NPRM has not been reviewed by the
Office of Management and Budget
(OMB).
This regulatory action determination
is based on the ability that vessels can
still transit the bridge given advanced
notice.
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 certifies under 5 U.S.C.
605(b) that this proposed rule would 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
proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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 proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will
not retaliate against small entities that
question or complain about this
proposed rule or any policy or action of
the Coast Guard.
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C. Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
D. Federalism and Indian Tribal
Governments
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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
If you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section.
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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
proposed rule will not result in such an
expenditure, we do discuss the effects of
this proposed rule elsewhere in this
preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev.1,
associated implementing instructions,
and Environmental Planning Policy
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with0 the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C.
4321–4370f). The Coast Guard
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
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significant effect on the human
environment. This proposed rule
promulgates the operating regulations or
procedures for drawbridges. Normally
such actions are 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. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact from
this proposed 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.
V. 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. If 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. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
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
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when comments are posted or a final
rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 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;
DHS Delegation No. 0170.1.
2. Revise § 117.1093 to read as
follows:
■
§ 117.1093 Milwaukee, Menomonee, and
Kinnickinnic Rivers and South Menomonee
and Burnham Canals.
(a) 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 12 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.
(b) 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, and the Canadian
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National Railroad bridge, mile 1.05,
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 vessel documented over 12
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.
(c) 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.
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 vessel documented over 12
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
VerDate Sep<11>2014
16:42 Apr 16, 2021
Jkt 253001
the Kinnickinnic River will open on
signal if a 12-hour advance notice is
provided.
(d) 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.
Dated: April 2, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2021–07990 Filed 4–16–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2021–OESE–0033]
Proposed Priorities—American History
and Civics Education
Office of Elementary and
Secondary Education, Department of
Education.
ACTION: Proposed priorities.
AGENCY:
The Department of Education
(Department) proposes two priorities for
the American History and Civics
Education programs, including the
Presidential and Congressional
Academies for American History and
Civics(Academies) and National
Activities programs, Assistance Listing
Numbers 84.422A and 84.422B. We may
use these priorities for competitions in
fiscal year (FY) 2021 and later years. We
propose these priorities to support the
development of culturally responsive
teaching and learning and the
promotion of information literacy skills
in grants under these programs.
DATES: We must receive your comments
on or before May 19, 2021.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments submitted by fax or by email
or those submitted after the comment
period. To ensure that we do not receive
duplicate copies, please submit your
comments only once. In addition, please
include the Docket ID at the top of your
comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket, is available on the
site under ‘‘FAQ.’’
SUMMARY:
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments about the proposed
priorities, address them to Mia
Howerton, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3C152, Washington, DC 20202.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: Mia
Howerton, U.S. Department of
Education, 400 Maryland Avenue SW,
Room 3C152, Washington, DC 20202.
Telephone: (202) 205–0147. Email:
mia.howerton@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll-free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you
to submit comments regarding the
proposed priorities. To ensure that your
comments have maximum effect in
developing the notice of final priorities,
we urge you to clearly identify the
specific section of the proposed
priorities that each comment addresses.
We invite you to assist us in
complying with the specific
requirements of Executive Orders 12866
and 13563 and their overall requirement
of reducing regulatory burden that
might result from the proposed
priorities. Please let us know of any
further ways we could reduce potential
costs or increase potential benefits
while preserving the effective and
efficient administration of our programs.
During and after the comment period,
you may inspect all public comments
about the proposed priorities by
accessing Regulations.gov. Due to the
novel coronavirus 2019 (COVID–19)
pandemic, the Department buildings are
currently not open to the public.
However, upon reopening you may also
inspect the comments in person in
Room 3C152, 400 Maryland Avenue
SW, Washington, DC, between the hours
of 8:30 a.m. and 4:00 p.m., Eastern time,
Monday through Friday of each week
except Federal holidays.
Assistance to Individuals With
Disabilities in Reviewing the
Rulemaking Record: On request, we will
provide an appropriate accommodation
or auxiliary aid to an individual with a
disability who needs assistance to
E:\FR\FM\19APP1.SGM
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Agencies
[Federal Register Volume 86, Number 73 (Monday, April 19, 2021)]
[Proposed Rules]
[Pages 20344-20348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07990]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2019-0824]
RIN 1625-AA09
Drawbridge Operation Regulation; Milwaukee, Menomonee, and
Kinnickinnic Rivers and Burnham Canals, Milwaukee, WI
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to change the operating schedules of
the bridges over the Milwaukee, Menomonee, and Kinnickinnic Rivers and
South Menomonee 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.
DATES: Comments and relate material must reach the Coast Guard on or
before June 18, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0824 using Federal e-Rulemaking 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. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
II. 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
[[Page 20345]]
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 proposed rule: 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 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 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 building 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.
[[Page 20346]]
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.
III. Discussion of Proposed Rule
On April 8, 2020 we published a Temporary Deviation, request for
comments in FR 2020-06822 and we did not receive any comments. We
published a Temporary Final Rule on March 9, 2020 in FR 2020-04659
requesting comments before November 2, 2020. This Temporary Final Rule
allowed the city to test the new schedule and allow residents to
comment all summer.
Several comments were directed at the operation of the Canadian
Pacific Railroad Bridge, mile 1.05, over the Menomonee River. Most of
the comments were complaints filed on Coast Guard Delay reports that
claims the Canadian Pacific Railroad Bridge, mile 1.05, over the
Menomonee River, did, on August 6, 2020 on or about noon that day fail
to respond to signals for opening and fail to open the bridge within
the 2-hour requirement. The tender stated the request for advance
notice for bridge opening was not passed on by the previous drawtender
and that priority was given to working on a train and not tending to
the bridge. This resulted in three large vessels stuck between bridges
waiting for the railroad bridge to open for two hours and forty-five
minutes past the arrival time provided by the vessels. We received a
separate report that the bridge was out of service for four days, no
report was given to the U.S. Coast Guard Command Center and at least
one vessel was delayed for four days. We received another report that
the bridge was unable to open on October 6, 2020 because the bridge
supervisor directed the drawtender to a different location for the day
and no other operators were available until the following day. We
received a separate report on the same day of October 6, 2020 from a
second vessel that was told railroad had been attempting to call in
another drawtender from 4:30 a.m. to 8:19 a.m. without success and the
bridge would not open for maritime traffic. On or about June 13, 2020
three sailing vessels were observed waiting at the Canadian Pacific
Railroad Bridge at 3:23 p.m. and were not provided an opening until
after 5:30 p.m.
The second report was a comment submitted to the Regulations.Gov
portal that requested the schedules to return to the original schedules
citing vessels were using excessive speed to go through the river to
make the new schedule. The speed limits in the harbor needs to be
addressed by the agency responsible for posting the speed limits in the
harbor and the author did not consider the needs of all modes of
transportation involved with the decision.
On March 30, 2021 we received a report from a public vessel that,
the drawtender did inform the vessel that requested an opening that a
new law required the bridge to remain closed if ice was present.
Our office did engage with residents verbally over the phone on
several occasions to answer questions and encouraged them to leave
comments on the regulations.gov website.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice.
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 certifies under 5 U.S.C. 605(b) that this
proposed rule would 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 proposed rule would not have
a significant economic impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
[[Page 20347]]
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Governments
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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev.1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series), which guide the Coast Guard in complying with0 the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard determined that this action is one of a category of actions
that do not individually or cumulatively have a significant effect on
the human environment. This proposed rule promulgates the operating
regulations or procedures for drawbridges. Normally such actions are
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. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed 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.
V. 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. If
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. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).
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
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final rule is published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; DHS Delegation No.
0170.1.
0
2. Revise Sec. 117.1093 to read as follows:
Sec. 117.1093 Milwaukee, Menomonee, and Kinnickinnic Rivers and South
Menomonee and Burnham Canals.
(a) 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 12 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.
(b) 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, and the Canadian
[[Page 20348]]
National Railroad bridge, mile 1.05, 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 vessel documented over 12 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.
(c) 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. 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 vessel documented over 12 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.
(d) 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.
Dated: April 2, 2021.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2021-07990 Filed 4-16-21; 8:45 am]
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