[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Rules and Regulations]
[Pages 54496-54497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18084]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2020-0056]


Drawbridge Operation Regulation; Fox River, Oshkosh, WI

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule for the Canadian National Bridge, mile 55.72, over 
the Fox River to operate remotely. The request was made by the bridge 
owner. This test deviation will test the remote operations with tenders 
onsite, and will not change the operating schedule of the bridge.

DATES: This deviation is effective without actual notice from September 
2, 2020 through 11:59 p.m. on October 8, 2020. For purposes of 
enforcement, actual notice will be used from 12:01 a.m. on April 26, 
2020 to September 2, 2020 Comments and relate material must reach the 
Coast Guard on or before October 9, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0056 using Federal eRulemaking Portal at https://www.regulations.gov.
    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 test 
deviation, call or email Mr. Lee D. Soule, Bridge Management 
Specialist, Ninth Coast Guard District; telephone 216-902-6085, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background, Purpose and Legal Basis

    In 2010 we published a Notice of Proposed Rule Making (NPRM) (USCG-
2010-1029) to solicit comments concerning allowing the Canadian 
National Bridge, mile 55.72, over the Fox River to operate remotely. In 
addition to the regular remote monitoring equipment, the public 
requested that the bridge owner install and maintain additional warning 
lights. The NPRM was withdrawn because the railroad refused to install 
and maintain the additional warning lights the public requested. 
Recently, the Railroad has agreed that from April 27 through October 7 
additional warning lights,

[[Page 54497]]

specifically those alternating flashing red lights that mimic a Grade 
Crossing Signal commonly found at highway railroad crossing would be 
installed and maintained to warn mariners that the bridge was about to 
close. 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 two board gauges in accordance with 33 CFR 
118.160 of this chapter. The remote drawtender may be contacted by 
mariners at any time 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. The drawbridge currently operates under Title 33 of the 
Code of Federal Regulation (CFR), section 117.1087.
    The bridge was remotely operated without authorization and was 
ordered to reinstate drawtenders at the bridge after the District 
Commander received numerous complaints that the bridge was not 
responsive.
    The test deviation is necessary to allow the public to observe the 
bridge in operation and allow the permanent and seasonal residents of 
the area the opportunity to comment on the operation of the bridge.
    Most of the marine traffic at the bridge is recreational to include 
both powered and unpowered vessels. Approximately 100 vessels pass 
through the bridge on average each day and most vessels require the 
bridge to open.
    The test schedule will run from 12:01 a.m. on April 26, 2020 to 
11:59 p.m. on October 8, 2020. During this test schedule, the bridge 
will operate remotely with tenders at the bridge to monitor the 
effectiveness of the remote equipment. The bridge owner will continue 
to maintain a drawtender's log and provide those logs at the end of the 
test deviation. Vessels able to safely pass under the bridge without an 
opening may do so at any time.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

II. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this test deviation as being available in 
this docket and all public comments, will be in our online docket at 
https://www.regulations.gov and can be viewed by following that 
website's instructions. Additionally, if you go to the online docket 
and sign up for email alerts, you will be notified when comments are 
posted or a final rule is published.

    Dated: 12 August 2020.
D.L. Cottrell,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2020-18084 Filed 9-1-20; 8:45 am]
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