13312 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Proposed Rules 

Issued in Washington, DC, this 3rd day of 

March, 2011. 

Joshua Gotbaum, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2011–5696 Filed 3–10–11; 8:45 am] 

BILLING CODE 7709–01–P 

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. 

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2010, at 75 FR 76322, is withdrawn on 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withdrawn rulemaking is available for 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 

lee.d.soule@uscg.mil, 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 nonboating 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 nowake 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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