Drawbridge Operation Regulation; Manitowoc River, Manitowoc, WI

Issuing agencies

Abstract

The Coast Guard is proposing to alter the operating schedule that governs the Eighth Street Bridge, mile 0.29 and the Tenth Street Bridge, mile 0.43, over the Manitowoc River, in the town of Manitowoc, Wisconsin. The City of Manitowoc has requested a full review of the current bridge regulations to alleviate vehicle congestion in downtown Manitowoc and to operate both bridges remotely. On May 21, 2025, we published an interim rule requesting comments in the Federal Register. We are now proposing to include remote operations for the drawbridges. We invite your comments on this proposed rulemaking.

Full Text

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<title>Federal Register, Volume 91 Issue 203 (Thursday, October 22, 2026)</title>
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[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Proposed Rules]
[Pages 66660-66661]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21608]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 91, No. 203 / Thursday, October 22, 2026 / 
Proposed Rules

[[Page 66660]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2024-0407]
RIN 1625-AA09


Drawbridge Operation Regulation; Manitowoc River, Manitowoc, WI

AGENCY: Coast Guard, DHS.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to alter the operating schedule 
that governs the Eighth Street Bridge, mile 0.29 and the Tenth Street 
Bridge, mile 0.43, over the Manitowoc River, in the town of Manitowoc, 
Wisconsin. The City of Manitowoc has requested a full review of the 
current bridge regulations to alleviate vehicle congestion in downtown 
Manitowoc and to operate both bridges remotely. On May 21, 2025, we 
published an interim rule requesting comments in the Federal Register. 
We are now proposing to include remote operations for the drawbridges. 
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must reach the Coast Guard on or 
before: November 23, 2026.

ADDRESSES: You may submit comments identified by docket number USCG-
2024-0407 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
    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 rule 
making, 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#83cfe6e6adc7add0ecf6efe6c3f6f0e0e4adeeeaef"><span class="__cf_email__" data-cfemail="612d04044f254f320e140d0421141202064f0c080d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IFR Interim Final Rule
IGLD85 International Great Lakes Datum of 1985
LWD Low Water Datum based on IGLD85
NPRM Notice of proposed rulemaking
PA Public Address System
Pub. L. Public Law
SNPRM Supplemental notice of proposed rulemaking
S.S. Steam Powered Ship
TFR Temporary Final Rule
Sec.  Section
U.S.C. United States Code
WISDOT Wisconsin Department of Transportation

II. Background, Purpose and Legal Basis

    The Eighth Street Bridge, mile 0.29, over the Manitowoc River, is a 
double leaf bascule bridge that provides a horizontal clearance of 120 
feet and a vertical clearance of 12 feet above LWD in the closed 
position and an unlimited clearance in the open position. The Tenth 
Street Bridge, mile 0.43, over the Manitowoc River, is a double leaf 
bascule bridge that provides a horizontal clearance of 120 feet and a 
vertical clearance of 14 feet above LWD in the closed position and an 
unlimited clearance in the open position. The Eighth Street Bridge, 
mile 0.29 and the Tenth Street Bridge, mile 0.43, over the Manitowoc 
River follow special operations regulations found in 33 CFR 117.1089.
    In an attempt to alleviate traffic congestion in downtown 
Manitowoc, WI, while serving the reasonable needs of navigation, on May 
21, 2025, we published an interim rule to allow the public to test an 
alternative drawbridge schedule and requested comments in the Federal 
Register (90 FR 21694). The interim rule and request for comment did 
not include remote operations. The city of Manitowoc proposed to 
operate one of the bridges remotely.
    The District Commander has directed a Cybersecurity review of the 
bridges and found that the owner-provided safeguards appear sufficient 
for approval for remote operations.
    There is a control house at each bridge allowing one drawtender to 
operate one or both bridges remotely. The bridges will be required to 
maintain and operate a radiotelephone, and a two-way public address 
system capable of responding to sound signals or voice communication 
between the operator and vessels.

III. Discussion of Proposed Rule

    The Coast Guard proposes including a provision authorizing remote 
operations in the regulations governing the Manitowoc Drawbridge 
Operations. The Coast Guard has reviewed the city of Manitowoc's 
proposed operating procedures of the bridge and completed a Cyber 
Security Assessment. There is a control house at each bridge allowing 
one drawtender to operate one or both bridges remotely. The bridges 
will be required to maintain and operate a radiotelephone, and a two-
way public address system capable of responding to sound signals or 
voice communication between the operator and vessels.

V. 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. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 for the following reasons. This 
regulatory action determination is based on the ability that vessels 
can still transit the bridge as if a drawtender was in attendance.
    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.

[[Page 66661]]

    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.

B. 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.).

C. 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.

D. 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.

E. 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 et seq.). The 
Coast Guard has 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 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
    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.

VI. 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type 
USCG-2024-0407 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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked 
Questions web page. Also, if you go to the online docket and sign up 
for email alerts through the ``Subscribe'' option, you will be notified 
when comments/updates are posted, or a final rule is published.
    Personal information. We accept anonymous comments. Comments we 
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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. 01.4.

0
2. Revise Sec.  117.1089 to read as follows:


Sec.  117.1089  Manitowoc River

    The draws of the Eighth Street Bridge, mile 0.29 and the Tenth 
Street Bridge, mile 0.43, over the Manitowoc River at Manitowoc, shall 
open on signal except that:
    (a) From April 1 through November 30, Monday through Friday, the 
bridges need not open from 7 a.m. to 8 a.m., and 11 a.m. to noon, and 
again from 4 p.m. to 5 p.m., except weekends and federal holidays. From 
10 p.m. to 4 a.m., the bridges will open on signal if provided a 2-hour 
advance notice of arrival.
    (b) From December 1 through March 31 the draws shall open on signal 
if at least a 12-hour advance notice is given.
    (c) There is a control house at each bridge allowing one drawtender 
to operate one or both bridges remotely. The bridges are required to 
maintain and operate a radiotelephone, and a two-way public address 
system capable of responding to sound signals or voice communications 
between the operator and vessels.

R.E. Dash,
Rear Admiral, U.S. Coast Guard, Commander, Great Lakes District.
[FR Doc. 2026-21608 Filed 10-21-26; 8:45 am]
BILLING CODE 9110-04-P


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