Proposed Rules. Notice of proposed rulemaking; withdrawal

Agency: Coast Guard, DHS
Action: Notice of proposed rulemaking; withdrawal
Citation: FR Doc. 2010-22034 · Docket No. USCG-2010-0265 · 33 CFR 117

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 The proposed rule is being withdrawn because of the many concerned comments sent from the primary waterway users that transit the bridge.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The notice of proposed rulemaking is withdrawn on September 3, 2010.

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]