76322 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

submitted written comments. If a public 

hearing is scheduled, notice of the date, 

time, and place of the hearing will be 

published in the Federal Register. 

Drafting Information 

The principal authors of these 

regulations are Sheila Ramaswamy and 

Anthony J. Marra, Office of the 

Associate Chief Counsel (International). 

However, other persons from the Office 

of Associate Chief Counsel 

(International) and the Treasury 

Department have participated in their 

development. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Proposed Amendment to the 

Regulations 

Accordingly, 26 CFR part 1 is 

proposed to be amended as follows: 

PART 1—INCOME TAXES 

Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C. 863(a) and 7805 

* * * 

Par. 2. Section 1.863–10 is added to 

read as follows: 

§ 1.863–10 Source of income from a 

qualified fails charge. 

[The text of proposed § 1.863–10 is 

the same as the text of § 1.863–10T 

published elsewhere in this issue of the 

Federal Register]. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2010–30896 Filed 12–7–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1029] 

RIN 1625–AA09 

Drawbridge Operation Regulation; Fox 

River, Oshkosh, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

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. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 7, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–1029 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. 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 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 or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–1029), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2010–1029’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 8c by 11 

inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

1029’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 76323 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why one would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

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-tonavigation 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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
76324 Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules 

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 § 117.1087 add paragraph (e) to 

read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–1030] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Duluth Ship Canal, Duluth-Superior 

Harbor, MN 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a drawbridge opening 

schedule for the Duluth Aerial Lift 

Bridge for vessels under 300 gross tons. 

Scheduled drawbridge openings were 

requested by various local entities to 

help reduce traffic congestion near the 

drawbridge during the peak navigation 

and tourist season. The scheduled 

drawbridge openings are expected to 

improve traffic congestion in the area 

and enhance safety for all modes of 

transportation. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

January 7, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–1030 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: 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– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 


jlentini on DSKJ8SOYB1PROD with PROPOSALS