[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Rules and Regulations]
[Pages 68774-68777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27296]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2014-0367]
RIN 1625-AA09
Drawbridge Operation Regulation; Darby Creek, Essington, PA
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulation that
governs the Conrail railroad bridge over Darby Creek at mile marker
0.25 in Essington, PA. The bridge owner, Conrail, is modifying the
existing remote operating system which controls the bridge operations.
Cameras will be installed and the remote operating site will move from
its current location in Delair, NJ to Mt. Laurel, NJ. The train crew is
no longer required to stop and check the waterway for approaching
vessel traffic prior to initiating a bridge closure and mariners
requesting an opening for the bridge will have to contact the new
remote location.
DATES: This rule is effective December 19, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0367. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mrs. Jessica Shea, Fifth Coast Guard District Bridge
Administration Division, Coast Guard; telephone 757-398-6422, email
[email protected]. If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
CFR Code of Federal Regulations
Conrail Consolidated Rail Corporation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec. Section Symbol
U.S.C. United States Code
A. Regulatory History and Information
On August 1, 2014, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Darby Creek,
Essington, PA in the Federal Register (79 FR 44724). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.
B. Basis and Purpose
The bridge owner, Conrail, requested a change to 33 CFR 117.903
because they modified the sensor and visual equipment on site at their
bridge across Darby Creek. They also relocated the remote operation
station to a new location. The regulation is changing two aspects of
the bridge operation. Specifically, the location of the remote operator
and the installation of cameras to verify whether any vessels are
transiting the waterway before a bridge closure is initiated. This rule
does not change the operating schedule of the bridge.
The scope of the waterway inspection is different between the
current on-site train crewmember inspection process and the range of
the proposed camera installation. There is also a difference in the
time it takes between the inspection and the initiation of the bridge
closure operations. Currently, the regulation requires an on-site train
crewmember to conduct an inspection of the waterway for vessels by
stopping the train approximately 200 feet north of the bridge site when
approached from the north and 300 feet south of the bridge site when
approached from the south. Once the train is stopped, the train
crewmember walks to the bridge site and physically looks up and down
the channel. The time it takes to stop the
[[Page 68775]]
train, walk to the bridge, conduct the inspection, walk back to the
train, and re-start the train takes 15-20 minutes. As changed, the
regulation allows the remote operating station to inspect the waterway
with cameras without first stopping the train which permits a more
efficient operating system.
The closer the vessels are to the bridge, the more likely it is
that the train crewmember will see them using the process required by
the current regulation. Under the modified regulation, the camera
inspection of the waterway has the capability to zoom up and down
stream allowing for easier detection of a smaller vessel approaching
the bridge. After inspection of the waterway, using the cameras, the
bridge closing operations would then occur from a remote location at
the Mt. Laurel remote operating station.
Currently, the bridge is in the open to navigation position between
April 1 and October 31 and operated by the bridge controller at the
remote operating station in Delair, NJ. The shift from the Delair, NJ
to the Mt. Laurel, NJ operating station enables Conrail to consolidate
its control of the train line and Darby Creek Bridge. By controlling
the track as well as the bridge operating mechanism at the Mt. Laurel
station, the remote operator has access to more information regarding
the anticipated arrival time for when the trains will be at the bridge
site. Information such as train speed and location directly contribute
to when the bridge will need to be closed. The shift of the remote
operating location to the Mt. Laurel location may shorten the duration
of the bridge closures due to the higher accuracy of information on
train speed and anticipated arrival time at the bridge site.
The average tidal range for Darby Creek is 5 feet. Currents run on
average between 1-2 knots. The actual depth at the bridge ranges
between 15 and 20 feet. Darby Creek is used by several recreational
vessels during the summer boating season. There is no commercial vessel
traffic on Darby Creek.
From April 1 to October 31, the bridge is left in the open to
navigation position and will only be lowered for the passage of train
and maintenance. Train activity in this location requires the bridge to
close to navigation four times a day Monday thru Friday. On Saturday
and Sunday, the bridge is used twice each day.
From November 1 through March 31, the bridge is in the closed to
navigation position but will open if 24 hours notice is given.
C. Discussion of Comments, Changes and the Final Rule
The Coast Guard provided a comment period of 45 days and no
comments were received therefore no changes were made. However, the
Coast Guard is making non-substantive changes in the Final Rule that
were not identified in the NPRM.
The mile marker listed in 33 CFR Sec. 117.903 (a) describes the
bridge as being located at mile marker 0.3. Upon further review, the
description of the geographic location for this bridge is being revised
to reflect its actual location at mile marker 0.25. The regulatory text
has been updated to clarify (1) how the lights on the drawbridge
actually operate when the span is in motion and (2) change the
terminology channel traffic lights to center span lights. Also, the
paragraphs under 33 CFR 117.903(a) have been reorganized for
efficiency. None of these changes affect the intent of the NPRM or the
operation of the bridge.
The drawbridge operating schedule will not change under the Final
Rule. From April 1 to October 31, the bridge will continue to be left
in the open to navigation position and will only be lowered for the
passage of train and maintenance. From November 1 through March 31, the
bridge is in the closed to navigation position but will open if 24
hours notice is given.
D. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.
1. Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. There are no changes to the
drawbridge operating schedule only to the methods used to operate the
drawbridge.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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 received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
This action will not have a significant economic impact on a
substantial number of small entities for the following reasons. There
are no changes to the drawbridge operating schedule. Vessels that can
safely transit under the bridge may do so at any time.
3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
4. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
5. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have
[[Page 68776]]
implications for federalism. The Coast Guard did not receive any
comments relating to federalism. Accordingly, there were no changes to
the proposed regulatory text.
6. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
7. 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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
8. Taking of Private Property
This rule will 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.
9. Civil Justice Reform
This 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.
10. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.
12. Energy Effects
This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
13. Technical Standards
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
14. Environment
We have analyzed this 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 concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule promulgates the operating regulations or
procedures for drawbridges. This rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction.
Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
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.
0
2. Revise Sec. 117.903(a) to read as follows:
Sec. 117.903 Darby Creek.
(a) The draw of the Conrail automated railroad bridge, mile 0.25,
at Essington, shall operate as follows:
(1) The bridge will be operated remotely by the South Jersey Train
Dispatcher located in Mt. Laurel, NJ. Operational information will be
provided 24 hours a day by telephone at (856) 231-2282.
(2) From April 1 through October 31, the draw shall be left in the
open position and will only be lowered for the passage of trains and to
perform periodic maintenance authorized in accordance with subpart A of
this part.
(3) From November 1 through March 31, the draw shall open on signal
if at least 24 hours notice is given by telephone at (856) 231-2282.
Operational information will be provided 24 hours a day by telephone at
(856) 231-2282.
(4) The timeframe to initiate the bridge closure will be not more
than 10 minutes before a train will arrive at the bridge location. If a
train, moving toward the bridge has crossed the home signal for the
bridge, the train may continue across the bridge and must clear the
bridge prior to stopping for any reason. Trains shall be controlled so
that any delay in opening of the draw shall not exceed fifteen minutes
except as provided in Sec. 117.31(b).
(5) The bridge will be equipped with cameras and channel sensors to
visually and electronically ensure the waterway is clear before the
bridge closes. The video and sensors are located and monitored at the
remote operating location in Mt. Laurel, NJ. The channel sensors signal
will be a direct input to the bridge control system. In the event of
failure or obstruction of the infrared channel sensors, the bridge will
automatically stop closing and the South Jersey Train Dispatcher will
return the bridge to the open position. In the event of video failure
the bridge will remain in the full open position.
(6) The Conrail Railroad center span light will change from fixed
green to flashing red anytime the bridge is not in the full open
position.
(7) Prior to downward movement of the span, the horn will sound two
prolonged blasts, followed by a pause, and then two short blasts until
the bridge is seated and locked down. At the time of movement, the
center span light will change from fixed green to flashing red and
remain flashing until the bridge has returned to its full open
position.
(8) When the train controller at Mt. Laurel has verified that rail
traffic has cleared, they will sound the horn five times to signal the
draw is about to return to its full open position.
(9) During upward movement of the span, the horn will sound two
prolonged blasts, followed by a pause, and then sound two short blasts
until the bridge is in the full open position. The center span light
will continue to flash red until the bridge is in the fully open
position.
(10) When the draw cannot be operated from the remote site, a
bridge tender must be called to operate the bridge in the traditional
manner. Personnel shall be dispatched to arrive
[[Page 68777]]
at the bridge as soon as possible, but not more than one hour after
malfunction or disability of the remote system.
* * * * *
Dated: October 30, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard
District.
[FR Doc. 2014-27296 Filed 11-18-14; 8:45 am]
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