Drawbridge Operation Regulation; Milwaukee, Menomonee, and Kinnickinnic Rivers and Burnham Canals, Milwaukee, WI, 20344-20348 [2021-07990]

Download as PDF jbell on DSKJLSW7X2PROD with PROPOSALS 20344 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules (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. VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 [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: PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 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 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 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 VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 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. PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 20345 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. E:\FR\FM\19APP1.SGM 19APP1 20346 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 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. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 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. E:\FR\FM\19APP1.SGM 19APP1 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 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. jbell on DSKJLSW7X2PROD with PROPOSALS 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 VerDate Sep<11>2014 16:42 Apr 16, 2021 Jkt 253001 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 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 20347 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 E:\FR\FM\19APP1.SGM 19APP1 jbell on DSKJLSW7X2PROD with PROPOSALS 20348 Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 / Proposed Rules 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 19APP1

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.

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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 
for email alerts, you will be notified 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

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]
BILLING CODE 9110-04-P