[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Rules and Regulations]
[Pages 21662-21664]
[FR Doc No: 2011-9344]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1191]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.

DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Federal
Insurance and Mitigation Administrator reconsider the changes. The
modified BFEs may be changed during the 90-day period.

ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
    The modified BFEs are the basis for the floodplain management
measures that the community is required either to adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
    These modified BFEs, together with the floodplain management
criteria required by 44 CFR 60.3, are the minimum that are required.
They should not be construed to mean that the community must change any
existing ordinances that are more stringent in their floodplain
management requirements. The community may at any time enact stricter
requirements of its own or pursuant to policies established by other
Federal, State, or regional entities. The changes in BFEs are in
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is
categorically excluded from the requirements of 44 CFR part 10,
Environmental Consideration. An environmental impact assessment has not
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This interim rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping
requirements.

    Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona: Maricopa.................  Town of Cave Creek,    February 17, 2011;    The Honorable Vincent      June 24, 2011..................       040129
                                     (10-09-2786P).         February 24, 2011;    Francia, Mayor, Town of
                                                            The Arizona           Cave Creek, 37622 Cave
                                                            Business Gazette.     Creek Road, Cave Creek,
                                                                                AZ 85331.
California:
    Ventura.......................  City of Camarillo,     February 4, 2011;     The Honorable Mike         June 13, 2011..................       065020
                                     (10-09-2501P).         February 11, 2011;    Morgan, Mayor, City of
                                                            The Ventura County    Camarillo, 601 Carmen
                                                            Star.                 Drive, Camarillo, CA
                                                                                93010.
    Ventura.......................  City of Moorpark, (10- February 4, 2011;     The Honorable Janice S.    June 13, 2011..................       060712
                                     09-2904P).             February 11, 2011;    Parvin, Mayor, City of
                                                            The Ventura County    Moorpark, 799 Moorpark
                                                            Star.                 Avenue, Moorpark, CA
                                                                                93021.
    Ventura.......................  Unincorporated areas   February 4, 2011;     Ms. Linda Parks, Chair,    June 13, 2011..................       060413
                                     of Ventura County,     February 11, 2011;    Ventura County Board of
                                     (10-09-2501P).         The Ventura County    Supervisors, 800 South
                                                            Star.                 Victoria Avenue,
                                                                                Ventura, CA 93009.

    Ventura.......................  Unincorporated areas   February 4, 2011;     Ms. Linda Parks, Chair,    June 13, 2011..................       060413
                                     of Ventura County,     February 11, 2011;    Ventura County Board of
                                     (10-09-2904P).         The Ventura County    Supervisors, 800 South
                                                            Star.                 Victoria Avenue,
                                                                                Ventura, CA 93009.
Colorado:
    Adams.........................  City of Thornton, (10- February 17, 2011;    The Honorable Mack         June 24, 2011..................       080007
                                     08-0748P).             February 24, 2011;    Goodman, Mayor Pro
                                                            The Northglenn-       Tempore, City of
                                                            Thornton Sentinel.    Thornton, 9500 Civic
                                                                                Center Drive, Thornton,
                                                                                CO 80229.
    Adams.........................  Unincorporated areas   February 17, 2011;    Mr. W. R. ``Skip''         June 24, 2011..................       080001
                                     of Adams County, (10-  February 24, 2011;    Fischer, Chair, Adams
                                     08-0748P).             The Northglenn-       County Board of
                                                            Thornton Sentinel.    Commissioners, 4430
                                                                                South Adams County
                                                                                Parkway, Brighton, CO
                                                                                80601.
    Douglas.......................  Unincorporated areas   February 10, 2011;    Ms. Jill Repella, Chair,   June 17, 2011..................       080049
                                     of Douglas County,     Feburary 17, 2011;    Douglas County Board of
                                     (11-08-0030P).         The Douglas County    Commissioners, 100 3rd
                                                            News-Press.           Street, Castle Rock, CO
                                                                                80104.
    El Paso.......................  City of Colorado       January 5, 2011;      The Honorable Lionel       December 29, 2010..............       080060
                                     Springs, (10-08-       January 12, 2011;     Rivera, Mayor, City of
                                     0471P).                The El Paso County    Colorado Springs, P.O.
                                                            Advertiser and News.  Box 1575, Colorado
                                                                                Springs, CO 80901.
    Summit........................  Town of Breckenridge,  February 25, 2011;    The Honorable John         July 5, 2011...................       080172
                                     (10-08-0858P).         March 4, 2011; The    Warner, Mayor, Town of
                                                            Summit County         Breckenridge, P.O. Box
                                                            Journal.              168, Breckenridge, CO
                                                                                80424.
    Summit........................  Unincorporated areas   February 25, 2011;    Ms. Karn Stiegelmeier,     July 5, 2011...................       080290
                                     of Summit County,      March 4, 2011; The    Chair, Summit County
                                     (10-08-0858P).         Summit County         Board of Commissioners,
                                                            Journal .             P.O. Box 68,
                                                                                Breckenridge, CO 80424.
Florida:
    Lee...........................  Unincorporated areas   November 3, 2010;     Mr. Frank Mann, Chair,     October 27, 2010...............       125124
                                     of Lee County, (10-    November 10, 2010;    Lee County Board of
                                     04-7794P).             The News-Press.       Commissioners, 2115 2nd
                                                                                Street Fort Myers, FL
                                                                                33901.
    Monroe........................  City of Key West, (11- February 9, 2011;     The Honorable Craig        January 31, 2011...............       120168
                                     04-2484X).             February 16 2011;     Cates, Mayor, City of
                                                            The Key West          Key West, 525 Angela
                                                            Citizen.              Street, Key West, FL
                                                                                33040.
    Monroe........................  Unincorporated areas   February 9, 2011;     The Honorable Heather      January 31, 2011...............       125129
                                     of Monroe County,      February 16 2011;     Carruthers, Mayor,
                                     (11-04-2484X).         The Key West          Monroe County, 1100
                                                            Citizen.              Simonton Street, Key
                                                                                West, FL 33040.
    Orange........................  City of Ocoee, (10-04- February 22, 2011;    The Honorable S. Scott     February 14, 2011..............       120185
                                     8380P).                March 1, 2011; The    Vandergrift, Mayor, City
                                                            Orlando Sentinel.     of Ocoee, 150 North
                                                                                Lakeshore Drive, Ocoee,
                                                                                FL 34761.
Hawaii: Hawaii....................  Unincorporated areas   January 3, 2011;      The Honorable William P.   May 10, 2011...................       155166
                                     of Hawaii County,      January 10, 2011;     Kenoi, Mayor, Hawaii
                                     (10-09-3793P).         The Hawaii Tribune-   County, 25 Aupuni
                                                            Herald.               Street, Hilo, HI 96720.
North Carolina:
    Caldwell......................  Unincorporated areas   January 20, 2011;     Mr. Ben Griffin, Chair,    May 27, 2011...................       370039
                                     of Caldwell County,    January 27, 2011;     Caldwell County Board of
                                     (10-04-7739P).         The Lenoir News-      Commissioners, P.O. Box
                                                            Topic.                2200, 905 West Avenue,
                                                                                NW, Lenoir, NC 28645.
    Dare..........................  Town of Kill Devil     November 9, 2010;     The Honorable Raymond      October 29, 2010...............       375353
                                     Hills, (10-04-3184P).  November 16, 2010;    Sturza, Mayor, Town of
                                                            The Coastland Times.  Kill Devil Hills, P.O.
                                                                                Box 1719, Kill Devil
                                                                                Hills, NC 27948.
    Wake..........................  Town of Apex, (10-04-  January 28, 2011;     The Honorable Keith H.     June 6, 2011...................       370467
                                     4743P).                February 4, 2011;     Weatherly, Mayor, Town
                                                            The News & Observer.  of Apex, 73 Hunter
                                                                                Street, Apex, NC 27502.
Tennessee: Sullivan...............  City of Kingsport,     February 14, 2011;    The Honorable Dennis R.    June 21, 2011..................       470184
                                     (10-04-7017P).         February 21, 2011;    Phillips, Mayor, City of
                                                            The Kingsport Times-  Kingsport, 225 West
                                                            News.                 Center Street,
                                                                                Kingsport, TN 37660.
Utah: Washington..................  City of St. George,    February 11, 2011;    The Honorable Daniel D.    February 4, 2011...............       490177
                                     (11-08-0105P).         Feburary 18, 2011;    McArthur, Mayor, City of
                                                            The Spectrum.         St. George, 175 East 200
                                                                                North, St. George, UT
                                                                                84770.
Wyoming: Uinta....................  Unincorporated areas   December 17, 2010;    Mr. Mick Powers, Chair,    April 25, 2011.................       560053
                                     of Uinta County, (10-  December 24, 2010;    Uinta County Board of
                                     08-0740P).             The Uinta County      Commissioners, 225 9th
                                                            Herald.               Street, Evanston, WY
                                                                                82930.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
---------------------------------------------------------------------------
Insurance.'')

    Dated: April 8, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-9344 Filed 4-15-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 125 (Thursday, June 30, 2022)]
[Rules and Regulations]
[Page 38995]
[FR Doc No: 2022-14007]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2022-0534]

Safety Zones; Annual Events in the Captain of the Port Buffalo
Zone--July-August 2022

AGENCY: Coast Guard, DHS.

ACTION: Notification of enforcement of regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard will enforce certain safety zones located in
the federal regulations for Annual Events in the Captain of the Port
Buffalo Zone. This action is necessary and intended to protect the
safety of life and property on navigable waters prior to, during, and
immediately after these events. During each enforcement period, no
person or vessel may enter the respective safety zone without the
permission of the Captain of the Port Buffalo or a designated
representative.

DATES: The regulations in 33 CFR 165.939 as listed in Table 165.939
will be enforced for the safety zones identified in the SUPPLEMENTARY
INFORMATION section below for the dates and times specified.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notification of enforcement, contact LT Justin Miller, Chief of
Waterways Management, Sector Buffalo, U.S. Coast Guard; telephone 716-
843-9391, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Safety
Zones; Annual Events in the Captain of the Port Buffalo Zone listed in
the table to 33 CFR 165.939 for the following events:
    i. Brewerton Fireworks, Brewerton, NY; The safety zone listed in
Table 165.939 as (b)(19) will be enforced on all waters of Lake Oneida,
Brewerton, NY within a 840-foot radius of position 43[deg]14'16.4'' N,
076[deg]08'03.6'' W, from 9:15 p.m. through 10:45 p.m. on July 03,
2022.
    ii. Island Festival Fireworks, Baldwinsville, NY; The safety zone
listed in Table 165.939 as (b)(21) will be enforced on all waters of
the Seneca River, Baldwinsville, NY within a 1,120-foot radius of
position 43[deg]09'22.0'' N, 076[deg]20'15'' W, from 10:00 p.m. through
10:45 p.m. on July 01, 2022.
    iii. City of Erie 4th of July Fireworks, Erie, PA; The safety zone
listed in (b)(31) will be enforced on all waters of the Lake Erie,
Erie, PA within a 280-foot radius of position 42[deg]08'17.13'' N,
080[deg]05'30.17'' W, from 9:45 p.m. through 10:45 p.m. on July 03,
2022.
    iv. Ski Show Sylvan Beach, Sylvan Beach, NY; The safety zone listed
in (c)(5) will be enforced on all waters where Fish Creek meets Oneida
Lake starting at position 43[deg]11'36.6'' N, 75[deg]43'53.8'' W then
South to 43[deg]11'33.7'' N, 75[deg]43'51.2'' W then East to
43[deg]11'42.4'' N, 75[deg]43'38.6'' W then North to 43[deg]11'44.5''
N, 75[deg]43'39.7'' W then returning to the point of origin, from 10:30
a.m. through 08:15 p.m. on August 14, 2022.
    Pursuant to 33 CFR 165.23, entry into, transiting, or anchoring
within these safety zones during an enforcement period is prohibited
unless authorized by the Captain of the Port Buffalo or his designated
representative; designation need not be in writing. Those seeking
permission to enter these safety zones may request permission from the
Captain of the Port Buffalo via channel 16, VHF-FM. Vessels and persons
granted permission to enter the safety zone shall obey the directions
of the Captain of the Port Buffalo or his designated representative.
While within a safety zone, all vessels shall operate at the minimum
speed necessary to maintain a safe course.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide the maritime community with advance
notification of the enforcement periods via Broadcast Notice to
Mariners or other suitable means. If the Captain of the Port Buffalo
determines that the safety zone need not be enforced for the full
duration stated in this notice, he may use a Broadcast Notice to
Mariners to grant general permission to enter the respective safety
zone.

    Dated: June 23, 2022.
M.I. Kuperman,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2022-14007 Filed 6-29-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Notices]
[Pages 78518-78519]
[FR Doc No: 2014-30435]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Rel. No. IA-3990/803-00214]

William E. Simon & Sons, LLC; New Vernon Advisors, Inc.; Notice
of Application

December 22, 2014.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an exemptive order under section
202(a)(11)(H) of the Investment Advisers Act of 1940 (``Advisers
Act'').

-----------------------------------------------------------------------

APPLICANT: William E. Simon & Sons, LLC and New Vernon Advisors, Inc.
(together, the ``Applicant'').

RELEVANT ADVISERS ACT SECTIONS: Exemption requested under section
202(a)(11)(H) of the Advisers Act from section 202(a)(11) of the
Advisers Act.
SUMMARY: Summary of Application: The Applicant requests that the
Commission issue an order declaring it to be a person not within the
intent of Section 202(a)(11) of the Advisers Act, which defines the
term ``investment adviser.''

DATES: Filing Dates: The application was filed on June 20, 2012; an
amended application was filed on April 1, 2014, August 13, 2014,
November 12, 2014, and December 16, 2014.

HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving the Applicant with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on January 16, 2015, 2014, and should be accompanied by proof of
service on the Applicant, in the form of an affidavit or, for lawyers,
a certificate of service. Pursuant to Rule 0-5 under the Advisers Act,
hearing requests should state the nature of the writer's interest, any
facts bearing upon the desirability of a hearing on the matter, the
reason for the request, and the issues contested. Persons may request
notification of a hearing by writing to the Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549. The Applicant, William E. Simon & Sons, LLC
and New Vernon Advisors, Inc., c/o James E. Anderson, WilmerHale, 1875
Pennsylvania Ave. NW., Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Michael S. Didiuk, Senior Counsel, at
(202) 551-6839 or Holly L. Hunter-Ceci, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site either at http://www.sec.gov/rules/iareleases.shtml or by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

The Applicant's Representations

    1. The Applicant is a multi-generational single-family office that
provides services to the family and descendants of William E. Simon.
The Applicant is wholly-owned by Family Clients and is exclusively
controlled (directly and indirectly) by one or more Family Members and/
or Family Entities in compliance with Rule 202(a)(11)(G)-1 (the
``Family Office Rule''). For purposes of the application, the term
``Simon Family'' means the lineal descendants of William E. Simon,
their spouses, and all of the persons and entities that qualify as
Family Clients as defined in paragraph (d)(4) of the Family Office
Rule. Capitalized terms herein have the same meaning as defined in the
Family Office Rule.
    2. The Applicant provides both advisory and non-advisory services
(collectively, ``Services''). Any Service provided by the Applicant
that relates to investment advice about securities or may otherwise be
construed as advisory in nature is considered an ``Advisory Service.''
    3. The Applicant represents that: (i) Other than the exception
discussed in representation 4 below, each of the persons served by the
Applicant is a Family Client, i.e., the Applicant has no investment
advisory clients other than Family Clients as required by paragraph
(b)(1) of the Family Office Rule; (ii) the Applicant is owned and
controlled in a manner that complies in all respects with paragraph
(b)(2) of the Family Office Rule; and (iii) the Applicant does not hold
itself out to the public as an investment adviser as required by
paragraph (b)(3) of the Family Office Rule. At the time of the
application, the Applicant represents that Family Members account for
approximately 89 percent of the natural persons to whom the Applicant
provides Advisory Services.
    4. The Applicant provides Services to the sibling of a former
spouse of William E. Simon's lineal descendant (``Former Sister-in-
Law'') as well as a private foundation funded exclusively by this
sibling (collectively, the ``Additional Family Client''). The Applicant
represents that if the Former Sister-in-Law were a Family Client, the
related foundation would meet the requirements of (d)(4)(v) of the
Family Office Rule.
    5. The Additional Family Client does not have an ownership interest
in the Applicant. The Applicant represents that the assets beneficially
owned by Family Members and/or Family Entities (excluding the
Additional Family Client's Family Entity) make up at least 75 percent
of the total assets for which the Applicant provides Advisory Services.
    6. The Applicant represents that the Additional Family Client has
important familial ties to and is an integral part of the Simon Family.
The Applicant maintains that including the Additional Family Client in
the ``family'' simply recognizes and memorializes the familial ties and
intra-familial relationships that already exist, and have existed for
at least 26 years while the assets of the Additional Family Client were
managed by the Simon Family.

The Applicant's Legal Analysis

    1. Section 202(a)(11) of the Advisers Act defines the term
``investment adviser'' to mean ``any person who, for compensation,
engages in the business of advising others, either directly or through
publications or writings, as to the value of securities or as to the
advisability of investing in, purchasing, or selling securities, or
who, for compensation and as part of a regular business, issues or
promulgates analyses or reports concerning securities. . . .''
    2. The Applicant falls within the definition of an investment
adviser under Section 202(a)(11). The Family Office Rule provides an
exclusion from the definition of investment adviser for which the
Applicant would be eligible but for the provision of Services to the
Additional Family Client. Section 203(a) of the Advisers Act requires
investment

advisers to register with the SEC. Because the Applicant has regulatory
assets under management of more than $100 million, it is not prohibited
from registering with Commission under Section 203A(a) of the Advisers
Act. Therefore, absent relief, the Applicant would be required to
register under Section 203(a) of the Advisers Act.
    3. The Applicant submits that its relationship with the Additional
Family Client does not change the nature of the office into that of a
commercial advisory firm. In support of this argument, the Applicant
notes that if the Former Sister-in-Law were the spouse of a lineal
descendant, rather than the sibling of a former spouse of a lineal
descendant, there would be no question that each of the persons
presently being served by the office would be a Family Member, and that
the related foundation would meet the requirements of paragraph
(d)(4)(v) of the Family Office Rule pertaining to charitable
foundations. The Applicant states that in requesting the order, the
office is not attempting to expand its operations or engage in any
level of commercial activity to which the Advisers Act is designed to
apply. Indeed, although the Additional Family Client does not fall
within the definition of Family Member, she is considered to be, and
treated as, a member of the Simon Family and the number of natural
persons who are not Family Members as a percentage of the total natural
persons to whom the office would provide Advisory Services if relief
were granted would be only approximately 11 percent. The Applicant
maintains that, from the perspective of the Simon Family, the Applicant
seeks to continue providing Advisory Services exclusively to members of
a single family.
    4. The Applicant also submits that there is no public interest in
requiring the Applicant to be registered under the Advisers Act. The
Applicant states that the office is a private organization that was
formed to be the ``family office'' for the Simon Family, and that the
office does not have any public clients. The Applicant maintains that
the office's Advisory Services are tailored exclusively to the needs of
the Simon Family and the Additional Family Client. The Applicant argues
that the presence of the Additional Family Client, who has been
receiving Advisory Services from the office for 26 years, does not
create any public interest that would require the office to be
registered under the Advisers Act that is different in any manner than
the considerations that apply to a ``family office'' that complies in
all respects with the Family Office Rule.
    5. The Applicant argues that, although the Family Office Rule
largely codified the exemptive orders that the Commission had
previously issued before the enactment of the Dodd-Frank Wall Street
Reform and Consumer Protection Act, the Commission recognized in
proposing the rule that the exact representations, conditions, or terms
contained in every exemptive order could not be captured in a rule of
general applicability. The Commission noted that family offices would
remain free to seek a Commission exemptive order to advise an
individual or entity that did not meet the proposed family client
definition, and that certain situations may raise unique conflicts and
issues that are more appropriately addressed through an exemptive order
process where the Commission can consider the specific facts and
circumstances, than through a rule of general applicability. The
Applicant maintains that its unusual circumstances--providing Services
to Family Clients and to an Additional Family Client for the past 26
years--have not changed the nature of the office's operations into that
of a commercial advisory business, and that an exemptive order is
appropriate based on the Applicant's specific facts and circumstances.
    6. For the foregoing reasons, the Applicant requests an order
declaring it to be a person not within the intent of Section 202(a)(11)
of the Advisers Act. The Applicant submits that the order is necessary
and appropriate, in the public interest, consistent with the protection
of investors, and consistent with the purposes fairly intended by the
policy and provisions of the Advisers Act.

The Applicant's Conditions

    1. The Applicant will offer and provide Advisory Services only to
Family Clients and to the Additional Family Client, who will generally
be deemed to be, and be treated as if she and the related foundation
were, a Family Client; provided, however, that the Additional Family
Client will be deemed to be, and treated as if she were, a Family
Member for purposes of paragraph (b)(1) and for purposes of paragraph
(d)(4)(vi) of the Family Office Rule.
    2. The Applicant will at all times be wholly owned by Family
Clients and exclusively controlled (directly or indirectly) by one or
more Family Members and/or Family Entities (excluding the Additional
Family Client's Family Entity) as defined in paragraph (d)(5) of the
Family Office Rule.
    3. At all times the assets beneficially owned by Family Members
and/or Family Entities (excluding the Additional Family Client's Family
Entity) will account for at least 75 percent of the assets for which
the Applicant provides Advisory Services.
    4. The Applicant will comply with all the terms for exclusion from
the definition of investment adviser under the Advisers Act set forth
in the Family Office Rule except for the limited exception requested by
this Application.

For the Commission, by the Division of Investment Management, under
delegated authority.

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-30435 Filed 12-29-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 228 (Tuesday, November 26, 2019)]
[Proposed Rules]
[Pages 65045-65049]
[FR Doc No: 2019-25617]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

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<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
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

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

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.

    (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