[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Proposed Rules]
[Page 13312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5662]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-1029]
RIN 1625-AA09


Drawbridge Operation Regulations; Fox River, Oshkosh, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed 
rulemaking (NPRM) concerning the establishment of remote drawbridge 
operating procedures for the Canadian National Railway Bridge across 
the Fox River at Mile 55.72 at Oshkosh, Wisconsin. After careful 
consideration of the comments from all parties it was determined to be 
in the best interest of navigation to withdraw the NPRM.

DATES: The notice of proposed rulemaking published December 8, 2010, at 
75 FR 76322, is withdrawn on March 11, 2011.

ADDRESSES: The docket for this withdrawn rulemaking is available for 
inspection or copying at the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. You may also find 
this docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2010-1029 in the ``Keyword'' box and then clicking 
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, call or e-mail Mr. Lee D. Soule, Bridge Management Specialist, 
U.S. Coast Guard; telephone 216-902-6085, e-mail <a href="/cdn-cgi/l/email-protection#452920206b216b362a30292005303626226b282c29"><span class="__cf_email__" data-cfemail="79151c1c571d570a160c151c390c0a1a1e57141015">[email protected]</span></a>, 
or fax 216-902-6088. If you have questions on viewing material in the 
docket, call Renee V. Wright, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Background

    On December 8, 2010, we published an NPRM entitled Drawbridge 
Operation Regulation; Fox River, Oshkosh, WI. in the Federal Register 
(75 FR 76322). The rulemaking concerned the request by the drawbridge 
owner, Canadian National Railway (CN RR), for the District Commander to 
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 
was formerly left in the open-to-navigation position and only closed 
when a train was crossing, but this practice was no longer used and 
vessels were reporting unreasonable delays, including no response from 
the remote bridge operator to signals for openings, and difficulties 
establishing communications with the remote operator. During the summer 
of 2010 the U.S. Coast Guard met with CN RR officials and developed the 
operating regulation proposed in the NPRM, including a set of visual 
warning signals to provide adequate warning to vessels that the 
railroad bridge was about to move from the open-to-navigation position 
to the closed-to-navigation position. 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 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 bridge would also be required to maintain 
and operate a marine radiotelephone, along with the equipment to 
visually monitor the waterway and communicate with vessels using all 
signaling methods described in 33 CFR 117.15. The proposed regulation 
also would have established 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 approximately October 16 and April 14 each year.

Withdrawal

    The Coast Guard received four comments regarding the NPRM, two that 
were successfully received by the Docket Management Facility that were 
negative and two received by direct emails that were positive.
    Both negative comments characterized the proposed 10-minute advance 
visual warning method to vessel operators as a required 10-minute delay 
for trains, resulting in slowed or stopped trains, blockages of City of 
Oshkosh streets, and impacts to emergency response providers. The two 
negative comments also suggested a 2-minute warning method for vessels. 
The NPRM never suggested or implied any change to train operations, or 
that trains must change speed or stop and wait 10 minutes on either 
bridge approach, or on City streets. Among the positive comments to the 
NPRM the local marine law enforcement entity stated it is not uncommon 
for ten to twenty vessels to be waiting for a bridge opening on 
weekends and holidays. For public safety reasons the area around the 
bridge is a county regulated slow no-wake speed zone for all vessels 
and the suggested 2-minute warning would not provide adequate warning 
before the span transitioned between the open and closed positions.
    The Coast Guard is responsible for enforcement of the federal 
drawbridge regulations in 33 CFR part 117. Any decision by the Coast 
Guard to authorize remote operations or promulgate a drawbridge 
operation regulation must ensure that the proposed action provides for 
the safety and reasonable needs of navigation. After careful 
consideration of the comments from all parties it is determined to be 
in the best interest of navigation to withdraw the proposed rule. The 
bridge will be required to be manned by drawtenders and to conform to 
the general requirements and regulations found in Subpart A of Part 117 
of Title 33 of the Code of Federal Regulations.

Authority

    This action is taken under the authority of 33 U.S.C. 499; 33 CFR 
1.05-1; Department of Homeland Security Delegation No. 0170.1.

    Dated: February 8, 2011.
M.N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2011-5662 Filed 3-10-11; 8:45 am]
BILLING CODE 9110-04-P


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