Rule2022-28130
Drawbridge Operation Regulation; Fox River, Oshkosh, WI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 27, 2022
Effective
January 26, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending the operating schedule that governs the Tayco Street Bridge, mile 37.52, the Main Street Bridge, mile 55.97, the Jackson Street Bridge, mile 56.22, the Wisconsin Street Bridge, mile 56.72, and the Congress Avenue Bridge, mile 58.01, all over the Fox River near Oshkosh, Wisconsin. This rule will allow the bridges to operate remotely and will not change the operating schedule of the bridge. The Wisconsin Department of Transportation (WisDOT) requested the change.
Full Text
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<title>Federal Register, Volume 87 Issue 247 (Tuesday, December 27, 2022)</title>
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[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Rules and Regulations]
[Pages 79255-79257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28130]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2021-0336]
RIN 1625-AA09
Drawbridge Operation Regulation; Fox River, Oshkosh, WI
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending the operating schedule that
governs the Tayco Street Bridge, mile 37.52, the Main Street Bridge,
mile 55.97, the Jackson Street Bridge, mile 56.22, the Wisconsin Street
Bridge, mile 56.72, and the Congress Avenue Bridge, mile 58.01, all
over the Fox River near Oshkosh, Wisconsin. This rule will allow the
bridges to operate remotely and will not change the operating schedule
of the bridge. The Wisconsin Department of Transportation (WisDOT)
requested the change.
DATES: This rule is effective January 26, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number USCG-2021-0336 in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
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
<a href="/cdn-cgi/l/email-protection#7a361f1f543e5429150f161f3a0f09191d54171316"><span class="__cf_email__" data-cfemail="f9b59c9cd7bdd7aa968c959cb98c8a9a9ed7949095">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
WisDOT Wisconsin Department of Transportation
II. Background Information and Regulatory History
On July 6, 2021, we published a notice of temporary deviation from
regulations and request for comments in the Federal Register (86 FR
35402). Weaccepted comments until November 1, 2021. This deviation
allowed mariners to experience the proposed regulation and comment
about the
[[Page 79256]]
operations of the bridges. We received nine comments that we addressed
and incorporated into the NPRM that we published in the Federal
Register (87 FR 18751) on March 31, 2022. We solicited comments on the
NPRM until May 31, 2022, and we did not receive any additional
comments.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The Main Street Bridge, mile 55.97, provides a horizontal clearance
of 89 feet and a vertical clearance of 11 feet in the closed position,
the Jackson Street Bridge, mile 56.22, provides a horizontal clearance
of 97 feet and a vertical clearance of 11 feet in the closed position,
the Wisconsin Street Bridge, mile 56.72, provides a horizontal
clearance of 75 feet and a vertical clearance of 12 feet in the closed
position, the Congress Avenue Bridge, mile 58.01, provides a horizontal
clearance of 75 feet and a vertical clearance of 13 feet in the closed
position, and the Tayco Street Bridge provides a horizontal clearance
of 63 feet and a vertical clearance of 3 feet in the closed position.
All of these bridges are over the Fox River and provide an unlimited
clearance in the open position, and are governed by the regulations
found in 33 CFR 117.1087.
The WisDOT requested to operate these bridges remotely and this
required an update to the CFR and a sufficient public comment period on
the bridge operations before any changes were made. This will not
change the schedule of the bridges.
Because this rule will not change the bridge schedule or the
movement of vehicles over the bridges, vehicle counts were not
consulted.
Approximately 100 powered and unpowered recreational vessels pass
through these bridges every day during the summer. Commercial salvage
and construction vessels use the waterway in limited numbers.
IV. Discussion of Comments, Changes and the Final Rule
During the Test Deviation, we provided a comment period of 180 days
and received 9 comments that were used to develop and publish the NPRM;
the NPRM provided an additional 60 days for the public to comment. We
did not receive any additional comments pursuant to the NPRM.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of 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 rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, it has
not been reviewed by the Office of Management and Budget (OMB).
There will be no burden to any mode of transportation. The only
change is the bridges will operate remotely.
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 did not receive any comments from the Small
Business Administration on this rule. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will 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 V. A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
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 rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls 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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
We did not receive any comments from any Indian Tribal Governments.
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. We did not receive any comments from State, local, or
tribal governments.
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
[[Page 79257]]
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 rule promulgates the operating regulations or
procedures for drawbridges and is categorically excluded from further
review, under paragraph L49, of Chapter 3, Table3-1 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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Amend Sec. 117.1087 by adding paragraph (b)(3) to read as follows:
Sec. 117.1087 Fox River.
* * * * *
(b) * * *
(3) All drawbridges between mile 37.52 and 58.01, are authorized to
be operated remotely, and are required to operate and maintain a VHF-FM
Marine Radio.
* * * * *
M.J. Johnston,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2022-28130 Filed 12-23-22; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on December 27, 2022.
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