[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75 FR 76322, is withdrawn on March 11, 2011.
ADDRESSES: The docket for this withdrawn rulemaking is available for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 [email protected],
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]
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