Jan

26

SUMMARY: The Coast Guard proposes to establish remote drawbridge operating procedures for the Canadian National Railway Bridge across the Fox River at Mile 55.72 at Oshkosh, Wisconsin. This proposed rule is intended to establish standard bridge operating conditions for both vessel and train traffic while allowing the bridge to be remotely operated.

Basis and Purpose

The drawbridge owner, Canadian National Railway (CN RR), requested that the District Commander approve remote operation of the drawbridge in accordance with 33 CFR 117.42. The drawbridge has been remotely operated without specific authorization from the District Commander for approximately 3-4 years, and is currently required to open on signal year round. Vessel operators have recently informed the Coast Guard that the drawbridge formerly was left in the open-to-navigation position and only closed when a train was crossing, but this practice was no longer used and vessels have been experiencing unreasonable delays. The Coast Guard has determined that the bridge could continue to be remotely operated as long as it also provided for the reasonable needs of navigation. This rule is also necessary to comply with 33 CFR 117.42 by providing a description of the full operation of the remotely operated drawbridge. This bridge is a swing type railroad bridge that provides a horizontal clearance of 70 feet in each draw span. The vertical clearance is 6 feet in the closed position.

Discussion of Proposed Rule

Between April 15 and October 15 each year, the proposed regulation would require the bridge to remain in the open-to-navigation position unless train traffic is crossing, then reopen once train traffic has passed. The bridge would also be required to maintain and operate a marine radiotelephone, along with equipment to visually monitor the waterway and communicate with vessels using all signaling methods described in 33 CFR 117.15. The proposed light and sound signals would provide vessels with a method of warning when the bridge is expected to either close for train traffic or reopen for vessel traffic without having to establish direct communication with the remote bridge operator. The proposed regulation also establishes a permanent winter operating schedule by requiring vessels to provide at least 12-hours advance notice for a bridge opening during winter, or during the traditional non- boating season, between October 16 and April 14 each year.

Regulatory Analyses

We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

This proposed rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. This determination is expected to improve intermodal transportation at the bridge crossing and does not exclude either vessel or train traffic.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this proposed rule would have a significant economic impact on a substantial number of small entities. 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. The proposed regulation is expected to increase availability of the drawbridge for vessel traffic and potentially increase access by, and to, small entities on the waterway.

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.

Assistance for Small Entities

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 so that they can better evaluate its effects on them and participate in the rulemaking. 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 Mr. Lee D. Soule, Bridge Management Specialist, U. S. Coast Guard; telephone 216-902- 6085, e-mail lee.d.soule@uscg.mil, or fax 216-902-6088. 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.

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.).

Federalism

A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this proposed rule under that Order and have determined that it does not have implications for federalism.

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 rule elsewhere in this preamble.

Taking of Private Property

This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights.

Civil Justice Reform

This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

Protection of Children

We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically

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significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.

Indian Tribal Governments

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.

Energy Effects

We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211.

Technical Standards

The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies.

This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

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 because it simply promulgates the operating regulations or procedures for drawbridges. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

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

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.

2. In [Section] 117.1087 add paragraph (e) to read as follows:

[Section] 117.1087 Fox River.

* * * * *

(e) The draw of the Canadian National Bridge, mile 55.72, at Oshkosh, shall operate as follows:

(1) From April 15 to October 15 the draw will be remotely operated and shall remain in the open position for vessel traffic unless the following train sequence occurs; when a train is scheduled to cross the bridge, a flashing red light will be displayed when the bridge will close in 10 minutes, then a fixed red light when the bridge will close in 5 minutes, then a flashing red light and continuous ringing bell when the bridge will close in 1 minute, and during the closing sequence. After train traffic has crossed, and when the bridge again opens for vessel traffic, a flashing red light and continuous ringing bell will be displayed when the bridge will open in 1 minute, and during the opening sequence.

(2) From October 16 to April 14 the draw shall open on signal if at least a 12 hour advance notice is provided.

(3) Before the bridge opens or closes, and while the draw is in motion, the remote operator shall monitor waterway traffic by remote visual inspection to show the waterway is clear and it is safe to operate the draw. The remote operator shall also announce that the bridge is opening or closing on VHF-FM Marine Radiotelephone. The owners of the bridge shall maintain 2 board gauges in accordance with 33 CFR 118.160 of this chapter. The remote drawtender may be contacted by mariners at anytime by radiotelephone or commercial phone number; this information shall be so posted on the bridge so that they are plainly visible to vessel operators approaching the up or downstream side of the bridge.

Dated: November 23, 2010.

M.N. Parks,

Rear Admiral, U.S. Coast Guard Commander, Ninth Coast Guard District.

[FR Doc. 2010-30740 Filed 12-7-10; 8:45 am]

BILLING CODE 9110-04-P

Vol. 75, No. 235

33 CFR Part 117; [Docket No. USCG-2010-1029]; RIN 1625-AA09

Proposed Rules

For full details on Canadian Natl Railway (CNI) CNI. Canadian Natl Railway (CNI) has Short Term PowerRatings at TradingMarkets. Details on Canadian Natl Railway (CNI) Short Term PowerRatings is available at This Link.

Drawbridge Operation Regulation.

Jan

26

MENASHA — A snowmobile went through the ice of Lake Winnebago off Brighton Beach on Tuesday night, leaving its rider and a companion wet but unhurt.

Neenah Menasha Fire Rescue was called to 1031 Brighton Drive about 9:40 p.m. after reports of two people in the shallow water near shore after the snowmobile went down.

Two adults from Illinois were riding on separate sleds when one of the two machines hit a patch of open water, Captain Mike Janke said. Firefighters helped the snowmobilers ashore. Neither sought medical attention.

Snowmobile breaks through ice off Menasha | postcrescent.com | Appleton Post Crescent.

Jan

8

WINNECONNE — Winnebago County sheriff’s deputies say no one was injured Saturday when a truck broke through the ice of Lake Poygan.

Rescuers were called to the lake between Spruce Lane and Hidden Harbor Marina about 8:10 p.m. A 37-year-old Menasha man and his 5-year-old son were able to get out of the truck before falling into the water.

Two more occupants of the truck, both 37-year-old Menasha men, went into the lake, but were able to climb out before help arrived.

The four were brought to shore by the Winneconne-Poygan Fire Department’s rescue boat.

via Four rescued after truck goes into Lake Poygan | thenorthwestern.com | Oshkosh Northwestern.

Jan

5

MADISON — Radtke Contractors, Inc., of Winneconne has been ordered to pay $20,000 in fines, assessments and costs for leaving construction debris in the Kickapoo River and ignoring calls to remove it.

The building materials entered the river during a bridge-building project in Richland County in 2008, said a Wisconsin Department of Justice statement issued Wednesday.

The firm was required by contract to promptly remove from the river materials that could impede navigation of the river, the complaint said.

The firm let wooden beams and other construction materials to fall into the river during the project and ignored repeated requests to remove the debris, some of which floated downstream and blocked the full width of the river traveled by canoeists.

The state Department of Natural Resources ordered the debris removed by Nov. 6, 2008, but the notice was ignored, the complaint said.

via Winneconne builder fined for blighting river | postcrescent.com | Appleton Post Crescent.

Jan

3

Oshkosh has been selected as a first round qualifying site for the United States 2012 Ice Fishing Team. Any fisherman (male or female, 18 years old or older, and a U.S. citizen) who would like to represent the United States is welcome to enter the January 29th, 2011 Team USA qualifier.

Team USA travels the world competing against countries like Russia, Poland and Sweden for Golf Medals and the title of World Champion.

The 2010 World Championships were held for the first time in the United States in Rhinelander with eleven countries competing. Team USA won the World Team and Individual (Mike Boedeker, Lansing MI) titles. Team USA will travel to the Ukraine in February of 2011 to defend their Golf Medals.

Run under World Ice Fishing Federation rules (which differ from NAIFC rules), fishermen trying out for Team USA fish without the use of power augers as hand augers are only to be used. In addition, all electrical/battery devices such as sonar, camera, or GPS units are forbidden in World competition. The World rules will be completely reviewed and explained after the Oshkosh Convention & Visitors Bureau sponsored seminar on Friday, January 28 concludes.

The NAIFC (North American Ice Fishing Circuit) Tournament Series is conducting the Team USA qualifying event in conjunction with, but as a separate event from, the Oshkosh NAIFC Qualifying Tournament on Lake Winnebago, January 28-30, 2011. The Oshkosh Qualifying Tournament is open to the first 150 two-person teams that enter and will focus on perch and white bass. Locals with inside information and tactics won every NAIFC qualifying tournament in 2010.

Accompanying the NAIFC to Lake Winnebago again this year will be the ‘Ice Men’ reality TV program. In addition to Lake Winnebago and Oshkosh receiving National TV exposure (85 million households) one randomly selected local team will be highlighted on the show as they compete along side the ‘Ice Men’. A Friday Night Seminar on January 28, is free and open to anyone.

On Saturday, January 29 a free Ice Camp for Kids will be held. The session will begin in a classroom, followed by the kids, parents and instructors going out on the ice to use the equipment and receive on the spot training. All kids in attendance will receive a free fishing rod from HT Enterprises. Please dress for the weather.

For more information on Team USA or to enter the Team USA Qualifier please call Mike McNett, Captain, Team USA at 847-514-4763. For information on the NAIFC or to enter the Ohskosh/NAIFC Qualifier please go to http://www.naifc.com/ or call Kathy Roberts at 320 252 0428.

For information about the Oshkosh area please contact the Oshkosh Convention & Visitors Bureau at 1-877-303-9200 or go to www.visitoshkosh.com.

via Ice fishing event planned in Oshkosh later this month | thenorthwestern.com | Oshkosh Northwestern.

Jan

3

Recent warm weather deteriorated conditions

FOND DU LAC – The freezing temperatures make some uncomfortable, but anglers are sure happy to see the cold weather back. The recent warm weather deteriorated ice conditions throughout the area.

But authorities say despite the ice re-freezing, it’s still not safe out there. When it comes to ice covered lakes and waterways, looks can be deceiving.

Following last week’s winter thaw, freezing temperatures have anglers anxious again. But the Fond du Lac Sheriff’s Office still encourages anglers to stay off the ice.

“There’s never 100% safe ice and Lake Winnebago with the pressure cracks and the freezing and the thawing and inlets, don’t help with moving water. The stability of the ice is very questionable,” explained Sgt. Jeff Bonack.

Despite the warnings, some anglers still braved the frozen southern edge of Lake Winnebago, two days after two fishermen needed to be rescued.

Locals say the ice is about a foot thick in spots. However, officials want people to remember that conditions vary.

“We’re trained for it, we’ve got the proper equipment, but when you make the right choice of not putting yourself in that position of going out in terrible conditions, it certainly helps and limits the risk of the people that need to rescue you,” Bonack said.

Even when conditions improve those with the Otter Street Fishing Club in Oshkosh say be safe before heading out.

“Wherever you’re fishing, I mean this body of water, it’s a good size lake, you need to check with area fishing clubs just because we might have decent conditions in our general area, but it might be different down in Fond du Lac, Neenah, Menasha, the east shore,” explained Otter Fishing Club President Scott Engel.

Officials say those who do venture out on the ice should be prepared for the worst and always have a charged cell phone, rope, ice picks and a flotation device on hand.

It’s also recommended that anglers let someone know where they’re going and when they’ll be back.

via No ice is safe.

Jan

3

STURGEON BAY – Sturgeon Bay’s Michigan Street Bridge is once again open to traffic.

The historic steel bridge has been closed for two years, as it was being brought up to date to allow for heavy traffic loads.

Several Sturgeon Bay residents who have fought hard over the years to protect the bridge from being closed were the first to cross the bridge with their horns honking.

Christie Weber, known as the bridge lady, says the reopening is more about preserving history than traffic flow.

FOX 11’s Mark Leland will have more on the bridge and why today is not the official reopening tonight on FOX 11 News at Five.

via Michigan Street Bridge reopens.