[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13517-13520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04659]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0824]


Drawbridge Operation Regulation; Milwaukee, Menomonee, and 
Kinnickinnic Rivers and Burnham Canals, Milwaukee, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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SUMMARY: The Coast Guard is seeking information and comments during a 
test schedule for the bridges crossing the Milwaukee, Menomonee, 
Kinnickinnic River, South Menomonee River, 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years and is obsolete. This deviation will test a change to the 
drawbridge operation schedule to determine whether a permanent change 
to the schedule is needed. The Coast Guard is seeking comments from the 
public regarding these proposed changes.

DATES: This deviation is effective from midnight on April 15, 2020 and 
ends at midnight on November 2, 2020.
    Comments and related material must reach the Coast Guard on or 
before November 2, 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 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. 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 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 test deviation: 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

[[Page 13518]]

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) section 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 buildings 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.
    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. The city of Milwaukee 
provided the following vehicle data compiled by the Wisconsin 
Department of Transportation to support the additional 30 minutes of 
evening rush hour times. We have averaged the data into the following 
table:

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                                         Daily average  vehicle      Average vehicle  counts     Average vehicle  counts 4     Average vehicle  counts
             Bridge name                         counts              4:30 p.m.  to 5:30 p.m.         p.m.  to 4:30 p.m.        4:00 p.m.  to 5:30 p.m.
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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.

[[Page 13519]]

 
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 PEAK...................  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 PEAK Daily.............  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.
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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: ``vessels documented at 10 tons or 
more.'' This prevents tug and barge, cement boats, some passenger 
vessels, and other large vessels (commercial or recreational) from 
getting trapped between bridges, which creates an especially unsafe 
condition.
    The new exemption only prevents vessels from being trapped between 
bridges and does not exempt vessels from any times the bridges are not 
required to open. In other Great Lakes ports exemptions are allowed for 
safety reasons, it prevents a large vessel from station keeping in a 
restricted area with other smaller craft that could be damaged from the 
larger vessel. Additionally, if all commercial vessels were given a 
complete exemption to the periods where no bridge openings are 
required, also known as ``Rush Hours,'' then there would be no relief 
for the traffic congestion the downtown area is experiencing.
    The two-hour advance notice requirement for all other bridges as 
noted in the ANPRM, has been in place since 1965 with no request to 
amend it. Most of these bridges have a clearance of 14 feet above 
IGLD85 or have limited requests for openings.
    The test deviation will start at midnight on April 15, 2020 and end 
at midnight on November 1, 2020.
    The operating schedule authorized:
    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 10 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. 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.
    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.

[[Page 13520]]

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.
    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.
    During non-special event weekdays the owners of all affected 
bridges will provide records showing the dates and times of bridge 
openings and the type of vessels the bridge opened for. The city of 
Milwaukee will also provide information on the vehicle congestion 
caused or improved by the temporary deviation by providing the number 
of vehicles waiting for the bridge to close after a vessel passes.
    Because we took into consideration the comments from the ANPRM, 
vehicle counts, and past three years of vehicle counts, we believe the 
test deviation will have a limited impact on vessels.
    The city of Milwaukee held public discussions about the potential 
rule change through public works meetings conducted throughout the 
summer of 2018. Prior to asking for our review, this office reached out 
to several commercial vessels which operate on the affected waterways 
prior to the release of the ANPRM. These actions were aimed at 
developing a test deviation that took all pertinent comments and 
concerns under consideration.
    Vessels that can safely pass under the bridge without an opening 
may do so at any time. The Coast Guard will also inform the users of 
the waterways of the change in operating schedule for the bridges 
through our Local and Broadcast Notices to Mariners.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

II. 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. 
Should 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. 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.

    Dated: February 25, 2020.
D. L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-04659 Filed 3-6-20; 8:45 am]
 BILLING CODE 9110-04-P


