
[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Proposed Rules]               
[Page 54069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se10-28]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0265]
RIN 1625--AA09

 
Drawbridge Operation Regulations; Curtis Creek, Baltimore, MD

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 concerning the operation of the Pennington Avenue Bridge, at 
mile 0.9, across Curtis Creek at Baltimore, MD. The requested change 
would have allowed the bridge to operate from a remote location at the 
City of Baltimore Transportation Management Center. The proposed rule 
is being withdrawn because of the many concerned comments sent from the 
primary waterway users that transit the bridge.

DATES: The notice of proposed rulemaking is withdrawn on September 3, 
2010.

ADDRESSES: The docket for this withdrawn rulemaking is available for 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-2010-0265 in the ``Keyword'' box and then clicking 
``Search''.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice, call or e-mail Lindsey Middleton, Fifth Coast Guard District; 
telephone (757) 398-6629, e-mail Lindsey.R.Middleton@uscg.mil. 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 June 2, 2010, we published an NPRM entitled ``Drawbridge 
Operation Regulation Curtis Creek, Baltimore, MD'' in the Federal 
Register (75 FR 30747-30750). The rulemaking concerned eliminating the 
need for a bridge tender by allowing the bridge to be operated from a 
remote location at the City of Baltimore Transportation Management 
Center. This proposed change would have maintained the bridge's current 
operating schedule set forth in 33 CFR 117.5 that states: Drawbridges 
shall open promptly and fully for the passage of vessels when a request 
to open is given.

Withdrawal

    The City of Baltimore, the owner of the Pennington Avenue Bridge, 
had requested a change in the operating procedures to allow the bridge 
to be opened from a remote location at the City of Baltimore 
Transportation Management Center.
    The Coast Guard received several comments opposing the proposed 
rule change. We conducted a lengthy and thorough investigation that 
included a site visit of the bridge and the Baltimore City 
Transportation Management Center. We also conducted a meeting at the 
Coast Guard Yard in Baltimore, MD with the primary waterway users that 
transit the bridge, staff from the City of Baltimore's Transportation 
division, and their contracted consulting company.
    Our investigation along with the majority of the comments revealed 
that the rulemaking could impose critical service delays to the various 
industries that rely on a timely bridge opening. This withdrawal is 
based on the reason that this change would not improve the bridge usage 
for roadway and waterway users.

    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: August 15, 2010,
William D. Lee,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2010-22034 Filed 9-2-10; 8:45 am]
BILLING CODE 9110-04-P

