[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Proposed Rules]
[Pages 65045-65049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25617]


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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: Advanced Notice of Proposed Rulemaking request for comments.

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SUMMARY: The Coast Guard is seeking information and comments on a 
Notice of Proposed Rulemaking with a test schedule for the bridges 
crossing 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. The current regulation 
has been in place for over 30 years and is obsolete.

DATES: Comments and related materials must reach the Coast Guard on or 
before: January 27, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2019-0824 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the

[[Page 65046]]

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 
Lee.D.Soule@uscg.mil.

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. 
In total 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.
    Over the years the flour mills, packing plants, breweries, machine 
shops, railways, and tanneries have been replaced with parks, a casino, 
microbreweries, and the Harley-Davidson Museum. The coal powered heat 
plant near mile 1.61 was converted to natural gas, which eliminated the 
need for coal to be delivered by barge. At present the only docks 
receiving vessels are the two cement silos located near mile 1.61.
    The South Menomonee Canal and the Burnham Canal were both excavated 
during a waterways improvement project in 1864. Both man-made canals 
are tributaries of the Menomonee River branching just above its mouth. 
The South Menomonee Canal is crossed by two bridges and the Burnham 
Canal is crossed by three bridges.
    The Kinnickinnic River flows north through the southern portion of 
the City of Milwaukee connecting with the Milwaukee River near Lake 
Michigan. Only the lower 2.30 miles of the river have been improved for 
vessel use. Five bridges cross the river with the Lincoln Avenue Bridge 
at the head of navigation. Freighters up to 1,000 feet in length 
transfer cargos at the confluence of the Kinnickinnic and Milwaukee 
Rivers.
    The Port of Milwaukee won the 2016 Saint Lawrence Seaway 
Development Pacesetter Award for significantly increasing international 
tonnage shipped through their port. Salt, cement, aggregate, liquid 
bulk products, coal, grain, and general cargo goods are shipped through 
this portion of the port. 2.4 million tons of materials were shipped 
and received in 2018. The Port of Milwaukee is currently ranked 23rd in 
tonnage among the Great Lakes harbors and is a designated harbor of 
refuge for the eastern side of Lake Michigan and can accommodate 
emergency docking of vessels up to 1,000 feet long. 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.

III. Discussion of Proposed Rule

    In response to downtown Milwaukee residents' concerns regarding in 
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. In addition 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. Lastly, 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 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 LWD, 
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. Based on the data reviewed we have 
concluded that, due to a lack of openings from midnight to 7 a.m. 
daily, the bridges shall open on signal if provided a 2-hour advance 
notice of arrival, meets the reasonable needs of navigation.
    The City of Milwaukee also reported receiving several complaints 
from residents in the downtown area concerning the noise associated 
with the waterfront. To improve the quality of downtown living we 
propose to remove the special sound signals listed in the

[[Page 65047]]

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, and North Sixth Street, 
mile 1.37, and North Ember Lane, mile 1.95, all over the Menomonee 
River. Each remotely operated bridge will have sufficient equipment to 
operate as if a drawtender is in attendance at the bridge. No 
drawtender will be responsible for monitoring or operating more than 3 
drawbridges at any time. At a minimum each remotely operated drawbridge 
will have the capabilities to communicate by 2-way public address 
system, equipment capable of making appropriate sound signals as 
required, and have adequate camera systems in place to safely operate 
the bridge.
    The current regulation allows for no openings from 7:30 a.m. to 
8:30 a.m. and from 4:30 p.m. to 5:30 p.m. for vehicular rush hours. The 
city has requested to start the evening rush hour at 4 p.m. instead of 
4:30 p.m. to help relieve vehicle congestion. The city of Milwaukee 
provided the following vehicle data provided by the Wisconsin 
Department of Transportation to support the additional 30 minutes of 
evening rush hour times. We have averaged the data into this 
spreadsheet:

----------------------------------------------------------------------------------------------------------------
                                                          Average vehicle    Average vehicle    Average vehicle
             Bridge name                Daily average     counts 4:30 p.m.   counts 4 p.m. to   counts 4:00 p.m.
                                        vehicle counts      to 5:30 p.m.        4:30 p.m.         to 5:30 p.m.
----------------------------------------------------------------------------------------------------------------
Broadway............................             11,201              1,582                332              1,914
Water St............................             17,753              1,669                742              2,411
St. Paul Ave........................             10,344            No Data            No Data            No Data
Clybourn St.........................             11,262                955                848              1,803
Michigan St.........................             10,484              1,202                304              1,506
Wisconsin Ave.......................             10,423              1,144                323              1,467
Wells St............................              8,372              1,114                295              1,409
Kilbourn Ave........................             15,590            No Data            No Data            No Data
Juneau Ave..........................              7,265            No Data            No Data            No Data
Cherry St...........................            No Data            No Data            No Data            No Data
Pleasant St.........................              6,307            No Data              * 882            No Data
Knapp St............................             20,792            No Data            No Data            No Data
Kinnickinnic Ave....................             17,019            No Data            No Data            No Data
South First St......................             12,992            No Data            No Data            No Data
North Plankinton Ave................              6,578            No Data              + 768            No Data
North 6th St........................             15,045            No Data            No Data            No Data
South 6th St........................             15,045            No Data            No Data            No Data
(Muskego) Emmber Ln.................              4,616            No Data            No Data            No Data
1st Street..........................             13,772            No Data                902              4,107
----------------------------------------------------------------------------------------------------------------
* PEAK.
+ PEAK Daily.

    Based on the data provided we intend to extend the rush hour times 
of no lifts to 4 p.m. to 5:30 p.m. Monday through Friday, except 
Federal Holidays.
    Additionally, at the time when the original regulation was being 
written the stipulating regulation regarding the opening of bridges for 
public safety vessels had not yet been promulgated. An exception was 
included for vessels carrying U.S. mail and vessels that carry over 50 
passengers for hire. The mail service no longer arrives by vessel. 
Limiting the exclusion by passenger count excludes other commercial 
vessels from transiting the river. This exclusion is only for the times 
the bridges do not need to open during high traffic times. During the 
test deviation, which is planned for the summer of 2020, the intent is 
to modify this exception to read: ``commercial vessels documented over 
50 tons.'' This prevents tug and barge, cement boats, and other large 
commercial vessels from getting trapped between bridges, which creates 
an especially unsafe condition.

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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) and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This Proposed rule is soliciting comments for the test deviation 
planned for the summer navigation season of 2020. Additional comments 
are encouraged throughout the test deviation, when that publishes.

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

[[Page 65048]]

significant economic impact on any vessel owner or operator. The 
bridges will open on signal with advance notice. The hours the bridges 
would be closed to accommodate high number of vehicle crossings is only 
1 hour in the morning and 1.5 hours in the evening and supports other 
small business by eliminating traffic congestion and accessibility to 
those downtown business.
    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, 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.

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 Government

    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 above.

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, U.S. Coast Guard Environmental Planning 
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental 
Planning Implementation Procedures (series) which guide the Coast Guard 
in complying with the National Environmental Policy Act of 1969 
(NEPA)(42 U.S.C. 4321-4370f). We have made a preliminary determination 
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 this action is 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.

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 http://www.regulations.gov. If your material cannot be 
submitted using http://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 http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this NPRM as being available in this docket 
and all public comments, will be in our online docket at http://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 
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.

[[Page 65049]]

    (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 commercial vessel over 50 tons shall be held between any 
bridge at any time and must be passed as soon as possible.
    (5) From November 2nd through April 15th, all drawbridges over the 
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, shall open on signal; except that, from 
April 16th through November 1st, from 7:30 a.m. to 8:30 a.m. and from 4 
p.m. to 5:30 p.m. Monday through Friday, except Federal holidays, the 
draws need not be opened, and from midnight to 7 a.m. Monday through 
Friday except Federal holidays the bridges will open on signal if a 2-
hour advance notice is provided.
    (2) The draws of all other bridges across the Menomonee River and 
South Menomonee Canal shall open on signal if at least 2-hours' notice 
is given except that, from April 16th through November 1st, from 7:30 
a.m. to 8:30 a.m. and from 4 p.m. to 5:30 p.m. Monday through Friday, 
except Federal holidays, the draws need not be opened.
    (3) The following bridges are remotely operated, are required to 
operate a radiotelephone, and shall open as noted in this section; 
North Plankinton Avenue, mile 1.08, North Sixth Street, mile 1.37, and 
North Ember Lane, mile 1.95, all over the Menomonee River and South 
Sixth Street, mile 1.51, over the South Menomonee Canal.
    (4) No commercial vessel over 50 tons shall be held between any 
bridge at any time and must be passed as soon as possible.
    (5) From November 2nd through April 15th, all drawbridges over the 
Menomonee River and South Menomonee Canal will open on signal if a 12-
hour advance notice is provided.
    (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 commercial vessel over 50 tons shall be held between any 
bridge at any time and must be passed as soon as possible.
    (5) From November 2nd through April 15th, all drawbridges over the 
Kinnickinnic River will open on signal if a 12-hour advance notice is 
provided.
    (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: November 19, 2019.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2019-25617 Filed 11-25-19; 8:45 am]
BILLING CODE P


