[Federal Register Volume 81, Number 88 (Friday, May 6, 2016)]
[Proposed Rules]
[Pages 27373-27375]
[FR Doc No: 2016-10566]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0256]
RIN 1625-AA09

Drawbridge Operation Regulation; Fox River, DePere to Oshkosh, WI

AGENCY:  Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating schedule for
all drawbridges over the Fox River between DePere, WI and Oshkosh, WI.
A review of the current regulation was requested by the Wisconsin
Department of Transportation and the Fox River Navigational System
Authority.

DATES: Comments and related material must reach the Coast Guard on or
before: June 20, 2016.

ADDRESSES:  You may submit comments identified by docket number USCG-
2016-0256 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
E.O. Executive Order
FR Federal Register
NEPA National Environmental Policy Act of 1969
NPRM Notice of proposed rulemaking
RFA Regulatory Flexibility Act of 1980
SNPRM Supplemental notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
WIS-DOT Wisconsin Department of Transportation
FRNSA Fox River Navigational System Authority
CN-RR Canadian National Railroad

II. Background, Purpose and Legal Basis

    This proposed rule was requested by WIS-DOT and FRNSA to align
drawbridge operating schedules with lock schedules, and make the yearly

schedules permanent and easier to follow for the entire river system.
The drawbridge and lock schedules that have been set each year by local
authorities have generally followed the same dates as the dates in this
proposed rule for the beginning and end of the navigation season; April
through October. These periods are generally accepted as the
established annual schedules by vessel operators and bridge operators
on the river system. With no current winter schedule for drawbridges,
this proposed rule will also establish permanent winter operating
schedules for all drawbridges over Fox River between DePere and
Oshkosh, WI.

III. Discussion of Proposed Rule

    The Coast Guard proposes to amend the Fox River regulation at 33
CFR 117.1087. This proposed rule removes George Street Bridge from the
regulation, establishes consistent annual dates for drawbridge
schedules between river miles 7.13 and 58.3, eliminates currently
exempted bridge opening times during certain days and times in Oshkosh,
makes permanent the requirement for vessels to provide 2-hours advance
notice between midnight and 8 a.m., and establishes the winter bridge
operating schedules throughout the entire river system.
    Currently, the regulation for Fox River drawbridges includes the
opening schedule for drawbridges in Green Bay, WI, where large
commercial vessel traffic continues to transit. This proposed rule does
not include any changes to the schedules for drawbridges over the
commercial ship channel in Green Bay.
    The sections of the current regulation that includes all other
drawbridges between river mile 7.13 in DePere, WI at the DePere
Pedestrian Bridge, to river mile 58.3 in Oshkosh, WI, describe
inconsistent dates and times for required drawbridge openings,
particularly for the four highway drawbridges in Oshkosh. They also
include a reference to George Street Bridge at mile 7.27. George Street
Bridge has been removed since the last update of these regulations. The
Oshkosh drawbridges in the current regulation contain exemptions during
certain dates and times where the drawbridges are not required to open
for vessels or vessels must provide advance notice prior to passing
during nighttime hours.
    This proposed rule establishes the requirement for all drawbridges,
except the Canadian National Railroad (CN-RR) Bridge at mile 55.72 in
Oshkosh, to open on signal between the hours of 8 a.m. and midnight
each day from April 27 to October 7 every year. This schedule would
match the lock schedule established by FRNSA and drawbridge schedules
used by WIS-DOT. Between the hours of midnight and 8 a.m., except for
the CN-RR Bridge in Oshkosh, all drawbridges would open for vessels if
at least 2-hours advance notice of arrival is provided.
    The CN-RR Bridge at mile 55.72 in Oshkosh is located where Fox
River feeds into the southwest section of Lake Winnebago. The portion
of Fox River in the Oshkosh area, and Lake Winnebago, are among the
busiest portions of the Fox River System for recreational vessel
traffic. The CN-RR Bridge provides 6 feet of vertical clearance in the
closed position and prevents most vessels from passing under the
bridge, thereby requiring the drawbridge to open regularly for vessels.
This is also the location of first responders and public safety vessels
that may require the bridge to open at any time to perform rescue or
emergency operations on Lake Winnebago. Vessels in distress or seeking
shelter from weather on Lake Winnebago may also need the CN-RR Bridge
to open at any time. A delay in bridge openings at this location may
endanger life or property and is therefore exempted from the proposed
2-hour advance notice requirement from vessels for all other
drawbridges between midnight and 8 a.m.
    All drawbridges would be required to open if at least 12-hours
advance notice is provided prior to passing between October 8 and April
26 each year.
    The proposed dates, times, and conditions have been employed by
local authorities for approximately 10 years and are generally accepted
by vessel operators in the area as established conditions. The proposed
dates, times, and conditions have also been reviewed and accepted by
WIS-DOT and FRNSA during the development of this NPRM.

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 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 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. 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.
    This regulatory action determination is based on the ability that
vessels can still transit the bridge given advanced notice during times
when vessel traffic is at its lowest. The proposed drawbridge schedule
is virtually the same as has been used by vessel operators in the area
for approximately 10 years.

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. This proposed rule standardizes
drawbridge schedules that have been in place and would not have a
significant economic impact on any vessel owner or operator because the
bridges will open with advance notice during low traffic times on the
waterway or when ice conditions hinder normal navigation.
    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 proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions which do not individually or cumulatively have a
significant effect on the human environment. This proposed rule simply
promulgates the operating regulations or procedures for drawbridges.
Normally such actions are categorically excluded from further review,
under figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not 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.

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, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this notice, and all public comments, are in
our online docket at http://www.regulations.gov and can be viewed by
following that Web site'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; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise paragraphs (b) and (c) in Sec.  117.1087 to read as follows:

Sec.  117.1087  Fox River.

* * * * *
    (b) All drawbridges between mile 7.13 in DePere and mile 58.3 in
Oshkosh, except the Canadian National Railroad Bridge at mile 55.72,
shall open as follows:
    (1) From April 27 through October 7, the draws shall open on
signal, except between the hours of midnight and 8 a.m. when the draws
shall open if at least 2-hours advance notice is given.
    (2) From October 8 through April 26, the draws shall open if at
least 12-hours advance notice is given.
    (c) The draw of the Canadian National Railroad Bridge at mile 55.72
shall open on signal, except from October 8 through April 26 when the
draw shall open if at least 12-hours advance notice is given.
* * * * *

    Dated: April 21, 2016.
J.K. Little,
Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District,
Acting.
[FR Doc. 2016-10566 Filed 5-5-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Rules and Regulations]
[Pages 55941-55942]
[FR Doc No: 2017-25308]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-9549; Airspace Docket No. 17-ASO-5]

Amendment of Class E Airspace; Alexander City, AL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace at Alexander City, AL, due
to the decommissioning of the Alexander City non-directional radio
beacon (NDB), which requires airspace reconfiguration at Thomas C
Russell Field Airport. Controlled airspace is necessary for the safety
and management of instrument flight rules (IFR) operations at the
airport. This action also updates the geographic coordinates of the
airport.

DATES: Effective 0901 UTC, February 1, 2018. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11B, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC, 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11B at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT:  John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace at Thomas C Russell Field Airport,
Alexander City, AL, to support IFR operations at the airport.

History

    On June 7, 2017, the FAA published in the Federal Register a notice
of proposed rulemaking (NPRM) (82 FR 26406) Docket No. FAA-2016-9549 to
amend Class E airspace extending upward from 700 feet above the surface
at Thomas C Russell Field Airport, Alexander City, AL, due to the
decommissioning of the Alexander City NDB and cancellation of the NDB
approach. Interested parties were invited to participate in this
rulemaking effort by submitting written comments on the proposal to the
FAA. No comments were received.
    Class E airspace designations are published in paragraph 6005, of
FAA Order 7400.11B dated August 3, 2017, and effective September 15,
2017, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11B, Airspace Designations and
Reporting Points, dated August 3, 2017, and effective September 15,
2017. FAA Order 7400.11B is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11B lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within a 7.7 mile radius of Thomas C Russell Field Airport,
Alexander City, AL, due to the decommissioning of the Alexander City
NDB and cancellation of the NDB approach. The changes ensure the safety
and management of IFR operations at the airport. The geographic

coordinates of the airport are amended to coincide with the FAAs
aeronautical database.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120, E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting Points, dated August 3, 2017,
effective September 15, 2017, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ASO AL E5 Alexander City, AL [Amended]

Thomas C. Russell Field Airport, AL
    (Lat. 32[deg]54'53'' N., long. 85[deg]57'47'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7.7-mile radius of Thomas C. Russell Field Airport.

    Issued in College Park, Georgia, on November 16, 2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2017-25308 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-13-P