
[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Proposed Rules]
[Pages 27336-27338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11134]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0252]
RIN 1625-AA09


Drawbridge Operation Regulation; Wolf River, Gills Landing and 
Winneconne, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to revise the operating schedule that 
governs the Winneconne Highway Bridge at Mile 2.4, and the Canadian 
National Railroad Bridge at mile 27.8, both over the Wolf River. A 
review of the current regulation was requested by the Wisconsin 
Department of Transportation (WDOT) and the Canadian National Railroad.

DATES: Comments and related material must reach the Coast Guard on or 
before June 10, 2013.

ADDRESSES:  You may submit comments identified by docket number USCG-
2013-0252 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
four methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Lee Soule, Bridge Management Specialist, Ninth 
Coast Guard District; telephone (216) 902-6085, email 
Lee.D.Soule@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change to http://www.regulations.gov and will 
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2013-0252), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2013-0252] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may

[[Page 27337]]

change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2013-0252) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC, 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one on or before May 30, 2013 using one of the four methods 
specified under ADDRESSES. Please explain why one would be beneficial. 
If we determine that one would aid this rulemaking, we will hold one at 
a time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The existing regulation for Wolf River (33 CFR 117.1107) addresses 
only one of the two drawbridges over Wolf River, and has not been 
revised since the overall recodification of federal drawbridge 
regulations in 1984.
    This proposed rule was developed in conjunction with locally 
applied bridge schedules implemented by WDOT and Fox River Valley 
Navigation Authority for the past 10 to 15 years. These agencies, along 
with Canadian National Railroad, have reviewed and approved this 
proposed rule.

C. Basis and Purpose

    The Wolf River extends from its head of navigation in New London, 
WI and travels south to Winneconne, WI where it confluences with the 
Upper Fox River. The Wolf River has two drawbridges over the waterway. 
The Winneconne Highway Bridge at mile 2.4 is a bascule bridge that 
provides 70 feet horizontal clearance, 7 feet vertical clearance in the 
closed position, and an unlimited vertical clearance in the open 
position. The Canadian National Railroad Bridge at Mile 27.8 is a 
former swing bridge that was converted to a vertical lift bridge in 
2012 that provides 56 feet horizontal clearance, 7 feet vertical 
clearance in the closed position, and a vertical clearance of 16 feet 
in the raised position. Marine traffic on the waterway consists of 
small commercial vessels, and both power and sail recreational vessels. 
The Coast Guard has been advised of the updated navigation needs on 
Wolf River, including reports there has been an increase in 
recreational vessel usage of the waterway due to improvements to the 
lock system, dredging projects, and restored drawbridges over the Fox 
River that connect directly with the Wolf River. The purpose of this 
proposed rule is to establish consistent operating schedules that will 
meet the needs of current and future navigation on the Wolf River and 
to provide consistency in regulations for the rest of the connecting 
waterways.

D. Discussion of Proposed Rule

    The current regulation does not include the Canadian National 
Railroad Bridge. Bridge logs were not available for review. The Coast 
Guard has made inquiries to local marinas and the Fox River Valley 
Navigation Authority and determined a 6-hour advance notice for the 
Canadian National Railroad Bridge from April 20 to October 15 would 
meet the needs of current navigation since the vertical clearance 
allows most of the vessel traffic to pass under the bridge without an 
opening. The Canadian National Railroad Bridge is in a remote location 
and the only access to the bridge by the drawtender is by boat. A 12-
hours advance notice from October 16 to April 19 would be required for 
openings.
    Currently, the Winneconne Bridge opens on signal between the hours 
of 7 a.m. and 11 p.m., daily, and requires a 2-hour advance notice of 
arrival for openings from May 1 to October 31 between the hours of 11 
p.m. to 7 a.m., daily. From November 1 to April 30 mariners are 
required to provide a 12-hour advance notice for openings. WDOT has 
operated the Winneconne Highway Bridge during the navigation season in 
recent years from April 20 to October 7, with 2-hours advance notice 
between midnight and 8 a.m. Slight adjustments were made in the 
development of this proposed rule. Bridge openings on signal are 
proposed from April 20 through October 15, except from midnight to 8 
a.m. when 2-hours advance notice is required for openings.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. This proposed rule incorporates 
the locally applied bridge schedules that have been employed in recent 
years, with only small variations. The proposed schedule was reviewed 
and approved by the bridge owners and representatives of local boating 
organizations. This proposed rule is expected to improve access to the 
waterway and establish operating regulations that meet the needs of the 
boating public in an easy to read language.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this proposed rule on small entities. 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. This proposed rule would affect the following entities, 
some of which might be small entities: the owners or operators of 
vessels needing to transit the Winneconne Bridge from midnight to 8 
a.m. will need to provide a 2-hour advance notice of arrival for bridge 
openings, and at all hours a 6-hour advance notice for openings at the 
Canadian National Railroad Bridge. These operating hours would affect 
both drawbridges throughout the boating season from April 20 to October 
15. Impacts to small entities are not expected to be significant as 
these schedules have effectively been in place for numerous years and 
are accepted by local vessel operators. During the winter when the 
waterway is typically ice covered, mariners will be required to provide 
a 12-hour advance notice for openings for

[[Page 27338]]

both bridges, as applicable. 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.

3. Assistance for Small Entities

    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, above. 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.

4. 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).

5. Federalism

    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 does not have implications for federalism.

6. 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.

7. 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 rule 
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2)of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guides the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a 
preliminary determination that this action is one of a category of 
actions which do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. This rule is 
categorically excluded, under figure 2-1, paragraph (32)(e), of the 
Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not 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.

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; Department of Homeland 
Security Delegation No. 0170.1.
0
2. Revise Sec.  117.1107 to read as follow:


Sec.  117.1107  Wolf River.

    (a) The draw of the Winneconne Highway bridge, mile 2.4 at 
Winneconne, shall open on signal; except that, between the hours of 
midnight and 8 a.m., from April 20 through October 15, at least 2-hours 
of advance notice is required, and from October 16 through April 19, at 
least 12-hours of advance notice is required. Advance notice shall be 
provided to the Winnebago County Highway Department.
    (b) The draw of the Canadian National Railroad Bridge, mile 27.8 at 
Gill's Landing, shall open on signal if at least 6-hours advance notice 
is provided from April 20 through October 15, and if at least 12-hours 
advance notice is provided from October 16 through April 19.

    Dated: April 26, 2013.
M. N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2013-11134 Filed 5-9-13; 8:45 am]
BILLING CODE 9110-04-P


