Drawbridge Operation Regulation; Milwaukee, Menomonee, and Kinnikinnic Rivers, and South Menomonee and Burnham Canals, 24396-24398 [2024-07366]
Download as PDF
24396
Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Proposed Rules
on this proposed rule. All written
comments timely received will be
considered before a final determination
is made on this rulemaking.
List of Subjects in 7 CFR Part 959
Internal Revenue Service
26 CFR Part 1
[REG–101552–24]
For the reasons set forth in the
preamble, the Agriculture Marketing
Service proposes to amend 7 CFR part
959 as follows:
Election To Exclude Certain
Unincorporated Organizations Owned
by Applicable Entities From
Application of the Rules on Partners
and Partnerships; Correction
RIN 1545–BR09
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking;
correction.
AGENCY:
1. The authority citation for part 959
continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
■
§ 959.110
This document corrects a
notice of proposed rulemaking (REG–
101552–24) published in the Federal
Register on March 11, 2024, containing
proposed regulations that would modify
existing regulations to allow certain
unincorporated organizations that are
organized exclusively to produce
electricity from certain property to be
excluded from the application of
partnership tax rules.
DATES: Written or electronic comments
are still being accepted and must be
received by May 10, 2024.
ADDRESSES: Commenters are strongly
encouraged to submit public comments
electronically via the Federal
eRulemaking Portal at https://
www.regulations.gov (indicate IRS and
REG–101552–24) by following the
online instructions for submitting
comments. Requests for a public hearing
must be submitted as prescribed in the
‘‘Comments and Requests for a Public
Hearing’’ section. Once submitted to the
Federal eRulemaking Portal, comments
cannot be edited or withdrawn. The
Department of the Treasury (Treasury
Department) and the IRS will publish
for public availability any comments
submitted to the IRS’s public docket.
Send paper submissions to:
CC:PA:01:PR (REG–101552–24), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
contact Cameron Williamson at (202)
317–6684 (not a toll-free number);
concerning submissions of comments or
the public hearing, Vivian Hayes, (202)
317–6901 (not toll-free number) or by
email to publichearings@irs.gov
(preferred).
SUMMARY:
2. Add § 959.110 to read as follows:
Reestablishment of districts.
Pursuant to § 959.25, a single district
is reestablished to include all counties
in the production area as follows: the
counties of Aransas, Atascosa, Bee,
Brooks, Calhoun, Cameron, DeWitt,
Dimmit, Duval, Frio, Goliad, Hidalgo,
Jim Hogg, Jim Wells, Karnes, Val Verde,
Kenedy, Kinney, Kleberg, La Salle, Live
Oak, Maverick, McMullen, Medina,
Nueces, Refugio, San Patricio, Starr,
Uvalde, Victoria, Webb, Willacy,
Wilson, Zavala and Zapata in the State
of Texas.
■ 3. Add § 959.111 to read as follows:
§ 959.111 Reapportionment of Committee
membership.
Pursuant to § 959.25, the Committee
membership of eight producer members
and five handler members and the
respective alternates is reapportioned to
a single district made up of all counties
in the production area.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–07329 Filed 4–5–24; 8:45 am]
BILLING CODE 3410–02–P
SUPPLEMENTARY INFORMATION:
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16:21 Apr 05, 2024
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Background
The notice of proposed rulemaking
(REG–101552–24) that is the subject of
this correction is under sections 761(a)
of the Code.
Need for Correction
As published, the notice of proposed
rulemaking (REG–101552–24) contains
errors that need to be corrected.
Marketing agreements, Onions,
Reporting and recordkeeping
requirements.
PART 959—ONIONS GROWN IN
SOUTH TEXAS
lotter on DSK11XQN23PROD with PROPOSALS1
DEPARTMENT OF THE TREASURY
Sfmt 4702
Correction of Publication
Accordingly, the notice of proposed
rulemaking (REG–101552–24) that is the
subject of FR Doc. 2024–04606,
published on March 11, 2024, is
corrected as follows:
1. On page 17614, in the second
column, the twelfth line of the third
paragraph is corrected to read,
‘‘elections under section 6417,
provided’’.
2. On page 17615, in the first column,
the seventh line from the top of the
column is corrected to read, ‘‘extracted,
or used, and any associated’’.
3. On page 17615, in the first column,
in the seventh line of the last paragraph,
the language ‘‘contacts’’ is corrected to
read ‘‘contracts’’.
§ 1.761–2
[Corrected]
4. On page 17617, in the third
column, the sixth line of paragraph
(a)(4)(ii)(B) is corrected to read,
‘‘extracted, or used, and any
associated’’.
Oluwafunmilayo A. Taylor,
Section Chief, Publications and Regulations
Section, Associate Chief Counsel (Procedure
and Administration).
[FR Doc. 2024–07307 Filed 4–5–24; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2024–0018]
RIN 1625–AA09
Drawbridge Operation Regulation;
Milwaukee, Menomonee, and
Kinnikinnic Rivers, and South
Menomonee and Burnham Canals
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
temporarily modify the operating
schedule that governs the Cherry Street
Bridge, mile 2.29, over the Milwaukee
River. The City of Milwaukee has
requested this temporary deviation to
SUMMARY:
E:\FR\FM\08APP1.SGM
08APP1
Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Proposed Rules
allow contractors to complete an
extensive rehabilitation of the bridge.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must reach the Coast Guard on or before
June 7, 2024.
The Coast Guard anticipates that this
proposed rule will be effective from July
22, 2024, through November 1, 2025.
ADDRESSES: You may submit comments
identified by docket number USCG–
2024–0018 using Federal DecisionMaking 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. This notice of proposed
rulemaking with its plain-language, 100word-or-less proposed rule summary
will be available in this same docket.
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 Lee.D.Soule@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
lotter on DSK11XQN23PROD with PROPOSALS1
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
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The Milwaukee River is 104 miles
long with the lower 3.22 miles
considered navigable by vessels coming
from Lake Michigan. The Milwaukee
River is crossed by twenty-two bridges,
fifteen of which are movable bridges.
The river is used by commercial and
recreational vessels, including both
powered and unpowered vessels. The
primary commercial vessels are
passenger vessels whose regular routes
travel from Lake Michigan to the Knapp
Street Bridge, mile 2.14, over the
Milwaukee River. The head of
navigation for the Milwaukee River is
just upriver of the Humbolt Avenue
Bridge, mile 3.22, over the Milwaukee
River.
The Cherry Street Bridge, mile 2.29,
over the Milwaukee River, is a double
leaf bascule bridge that provides a
horizontal clearance of 80-feet and a
vertical clearance of 14-feet in the
closed position and an unlimited
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16:21 Apr 05, 2024
Jkt 262001
clearance in the open position based on
LWD.
III. Discussion of Proposed Rule
The Cherry Street Bridge requires
extensive electrical rehabilitation,
including a new submarine cable to be
installed under the river bottom that
will prevent the bridge from opening.
This type of work is typically completed
during the winter months when vessel
traffic is at its lowest. However,
Milwaukee is hosting a national
convention of nationwide significance
in July 2024, and construction can not
start until the convention concludes.
The vessels that normally transit the
river are less than 40-feet wide but are
over 14-feet in height. In order to
accommodate their passage, one leaf of
the bridge would remain open, except
from November 1 through April 1, when
both leaves would be secured and
unable to open for any vessels.
The local DOT and City Offices
provided a public information meeting
in June 2023 and the proceedings can be
viewed by visiting the City of
Milwaukee Department of Public Works
web page, available at https://
city.milwaukee.gov/dpw.
The U.S. Army Corps of Engineers
will approve the installment of the
submarine cable.
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.
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 proposed rule has not been
designated a ‘‘significant regulatory
action,’’ under section 3(f) of Executive
Order 12866, as amended by Executive
Order 14094 (Modernizing Regulatory
Review). Accordingly, the NPRM has
not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination
is based on the continuing ability of
vessels to transit the bridge through the
one open leaf during the summer and
that the closure of both leaves will occur
during a period when ice historically
prevents vessel navigation.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
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Fmt 4702
Sfmt 4702
24397
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
proposed 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.
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.
E:\FR\FM\08APP1.SGM
08APP1
24398
Federal Register / Vol. 89, No. 68 / Monday, April 8, 2024 / Proposed Rules
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.
lotter on DSK11XQN23PROD with PROPOSALS1
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
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f). The Coast Guard has 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.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
VerDate Sep<11>2014
16:21 Apr 05, 2024
Jkt 262001
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.
Submitting comments. We encourage
you to submit comments through the
Federal Decision-Making Portal at
https://www.regulations.gov. To do so,
go to https://www.regulations.gov, type
USCG–2024–0018 in the search box and
click ‘‘Search.’’ Next, look for this
document in the Search Results column,
and click on it. Then click on the
Comment option. 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.
Viewing material in docket. To view
documents mentioned in this proposed
rule as being available in the docket,
find the docket as described in the
previous paragraph, and then select
‘‘Supporting & Related Material’’ in the
Document Type column. Public
comments will also be placed in our
online docket and can be viewed by
following instructions on the https://
www.regulations.gov Frequently Asked
Questions web page. Also, 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 of any posting or updates to
the docket.
We review all comments received, but
we will only post comments that
address the topic of the proposed rule.
We may choose not to post off-topic,
inappropriate, or duplicate comments
that we receive.
Personal information. We accept
anonymous comments. Comments we
post to https://www.regulations.gov 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).
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:
■
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Frm 00006
Fmt 4702
Sfmt 4702
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
DHS Delegation No. 00170.1. Revision No.
01.3.
2. In § 117.1093 effective 8 a.m. on
July 22, 2024, through 11:59 p.m. on
November 1, 2025, add paragraph (a)(6)
to read as follows:
■
§ 117.1093 Milwaukee, Menomonee, and
Kinnikinnic Rivers, and South Menomonee
and Burnham Canals.
(a) * * *
(6) The draw of the Cherry Street
Bridge, mile 2.29, over the Milwaukee
River, will, from July 22, 2024, through
October 31, 2024, secure one bridge leaf
in the down position and operate the
other bridge leaf normally for the
passage of vessels. From November 1,
2024, through April 1, 2025, both leaves
will be secured in the down position
and the bridge will not open for the
passage of vessels.
*
*
*
*
*
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander,
Ninth Coast Guard District.
[FR Doc. 2024–07366 Filed 4–5–24; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2021–0228; FRL–11762–
01–OCSPP]
RIN 2070–AB27
Significant New Use Rules on Certain
Chemical Substances (21–4.F)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing significant
new use rules (SNURs) under the Toxic
Substances Control Act (TSCA) for
chemical substances that were the
subject of premanufacture notices
(PMNs). The chemical substances
received ‘‘not likely to present an
unreasonable risk’’ determinations
pursuant to TSCA. The SNURs require
persons who intend to manufacture
(defined by statute to include import) or
process any of these chemical
substances for an activity that is
proposed as a significant new use by
this rulemaking to notify EPA at least 90
days before commencing that activity.
The required notification initiates EPA’s
evaluation of the use, under the
conditions of use for that chemical
substance. In addition, the manufacture
or processing for the significant new use
may not commence until EPA has
SUMMARY:
E:\FR\FM\08APP1.SGM
08APP1
Agencies
[Federal Register Volume 89, Number 68 (Monday, April 8, 2024)]
[Proposed Rules]
[Pages 24396-24398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07366]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2024-0018]
RIN 1625-AA09
Drawbridge Operation Regulation; Milwaukee, Menomonee, and
Kinnikinnic Rivers, and South Menomonee and Burnham Canals
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to temporarily modify the operating
schedule that governs the Cherry Street Bridge, mile 2.29, over the
Milwaukee River. The City of Milwaukee has requested this temporary
deviation to
[[Page 24397]]
allow contractors to complete an extensive rehabilitation of the
bridge. We invite your comments on this proposed rulemaking.
DATES: Comments and related material must reach the Coast Guard on or
before June 7, 2024.
The Coast Guard anticipates that this proposed rule will be
effective from July 22, 2024, through November 1, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2024-0018 using Federal Decision-Making 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. This notice of proposed rulemaking with its plain-
language, 100-word-or-less proposed rule summary will be available in
this same docket.
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
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The Milwaukee River is 104 miles long with the lower 3.22 miles
considered navigable by vessels coming from Lake Michigan. The
Milwaukee River is crossed by twenty-two bridges, fifteen of which are
movable bridges. The river is used by commercial and recreational
vessels, including both powered and unpowered vessels. The primary
commercial vessels are passenger vessels whose regular routes travel
from Lake Michigan to the Knapp Street Bridge, mile 2.14, over the
Milwaukee River. The head of navigation for the Milwaukee River is just
upriver of the Humbolt Avenue Bridge, mile 3.22, over the Milwaukee
River.
The Cherry Street Bridge, mile 2.29, over the Milwaukee River, is a
double leaf bascule bridge that provides a horizontal clearance of 80-
feet and a vertical clearance of 14-feet in the closed position and an
unlimited clearance in the open position based on LWD.
III. Discussion of Proposed Rule
The Cherry Street Bridge requires extensive electrical
rehabilitation, including a new submarine cable to be installed under
the river bottom that will prevent the bridge from opening. This type
of work is typically completed during the winter months when vessel
traffic is at its lowest. However, Milwaukee is hosting a national
convention of nationwide significance in July 2024, and construction
can not start until the convention concludes.
The vessels that normally transit the river are less than 40-feet
wide but are over 14-feet in height. In order to accommodate their
passage, one leaf of the bridge would remain open, except from November
1 through April 1, when both leaves would be secured and unable to open
for any vessels.
The local DOT and City Offices provided a public information
meeting in June 2023 and the proceedings can be viewed by visiting the
City of Milwaukee Department of Public Works web page, available at
https://city.milwaukee.gov/dpw.
The U.S. Army Corps of Engineers will approve the installment of
the submarine cable.
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.
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 proposed rule has not been designated a
``significant regulatory action,'' under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094 (Modernizing
Regulatory Review). Accordingly, the NPRM has not been reviewed by the
Office of Management and Budget (OMB).
This regulatory action determination is based on the continuing
ability of vessels to transit the bridge through the one open leaf
during the summer and that the closure of both leaves will occur during
a period when ice historically prevents vessel navigation.
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 proposed 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.
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.
[[Page 24398]]
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 with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f). The
Coast Guard has 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.
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.
Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2024-0018 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. 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.
Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, 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 of any posting or updates to the docket.
We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov 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).
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.
00170.1. Revision No. 01.3.
0
2. In Sec. 117.1093 effective 8 a.m. on July 22, 2024, through 11:59
p.m. on November 1, 2025, add paragraph (a)(6) to read as follows:
Sec. 117.1093 Milwaukee, Menomonee, and Kinnikinnic Rivers, and
South Menomonee and Burnham Canals.
(a) * * *
(6) The draw of the Cherry Street Bridge, mile 2.29, over the
Milwaukee River, will, from July 22, 2024, through October 31, 2024,
secure one bridge leaf in the down position and operate the other
bridge leaf normally for the passage of vessels. From November 1, 2024,
through April 1, 2025, both leaves will be secured in the down position
and the bridge will not open for the passage of vessels.
* * * * *
Jonathan Hickey,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2024-07366 Filed 4-5-24; 8:45 am]
BILLING CODE 9110-04-P