[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Proposed Rules]
[Pages 29800-29804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13857]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0257]
RIN 1625-AA09
Drawbridge Operation Regulation; Delaware River, Pennsauken
Township, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to modify the operating regulation
that governs the DELAIR Memorial Railroad Bridge across the Delaware
River, mile 104.6, at Pennsauken Township, NJ. This proposed regulation
will allow the bridge to be remotely operated from the Conrail South
Jersey dispatch center in Mount Laurel, NJ, instead of being operated
by an on-site bridge tender. This regulation will not change the
operating schedule of the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before August 18, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0257 using Federal eRulemaking Portal at http://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
[[Page 29801]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb);
telephone (757) 398-6222, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The DELAIR Memorial Railroad Bridge across the Delaware River, mile
104.6, at Pennsauken Township, NJ, owned and operated by Conrail Shared
Assets, has a vertical clearance of 49 feet above mean high water in
the closed-to-navigation position. There is a daily average of 28 New
Jersey Transit trains and eight Conrail freight trains that cross the
bridge and a daily average of three bridge openings that allow one or
more vessels to transit through the bridge during each opening. The
bridge is normally maintained in the closed position due to the average
daily number of trains crossing the bridge. The operating schedule is
published in 33 CFR 117.716. This current operating schedule has been
in effect since 1984 and will not change with the implementation of
remote operation of the bridge. However, within this proposed operating
schedule, Sec. 117.716 will be restructured from its current
configuration to clearly distinguish the remote operation of the DELAIR
Memorial Railroad Bridge. This proposed operating regulation allows the
bridge to be operated remotely from the bridge owner's South Jersey
dispatch center in Mount Laurel, NJ.
The Delaware River is used by a variety of vessels, including deep
draft commercial vessels, tug and barge traffic, recreational vessels,
and public vessels, including military vessels of various sizes. The
three-year average number of bridge openings and maximum number of
bridge openings by month and overall for 2013 through 2015, as drawn
from the data contained in the bridge tender logs, is presented below.
------------------------------------------------------------------------
Average Maximum
Month openings openings
------------------------------------------------------------------------
January................................. 73 88
February................................ 54 56
March................................... 80 94
April................................... 55 68
May..................................... 60 67
June.................................... 60 71
July.................................... 122 162
August.................................. 112 138
September............................... 143 201
October................................. 109 117
November................................ 100 116
December................................ 100 122
Monthly................................. 89 201
Daily................................... 3 7
------------------------------------------------------------------------
The bridge owner and the maritime community have been working
together since 2013 in an effort to incorporate sensors and other
technologies into the bridge and the Conrail South Jersey dispatch
center to allow for the safe and effective remote operation of the
bridge.
On April 12, 2017, the Coast Guard published a temporary deviation
entitled ``Drawbridge Operation Regulation; Delaware River, Pennsauken
Township, NJ'' in the Federal Register (82 FR 17561). This test
deviation allows the bridge to be operated remotely from the bridge
owner's South Jersey dispatch center in Mount Laurel, NJ. This test
deviation is effective from 8 a.m. on April 24, 2017, to 7:59 a.m. on
October 21, 2017.
III. Discussion of Proposed Rule
This proposed operating regulation will allow the bridge to be
operated remotely from the bridge owner's South Jersey dispatch center
in Mount Laurel, NJ. The remote operation system will include eight
camera views (four marine and four rail), two forward-looking infrared
equipped camera views (marine), marine radar, a dedicated telephone
line for bridge operations, radio telephone on VHF-FM channels 13 and
16, and an automated identification system (AIS) transmitter to provide
bridge status. The AIS transmitter has been installed on the New Jersey
side of the bridge at the bridge and land intersection in approximate
position 39[deg]58'50.52'' N. (39.9807), 75[deg]03'58.75'' W. (-
75.06632). The AIS transmitter is assigned maritime mobile service
identity (MMSI) number 993663001 and will provide the status of the
bridge (open/closed/inoperative) via the name transmitted by the
private aids to navigation as DELAIR BRG-OPEN (fully open and locked
position, channel light green), DELAIR BRG-CLOSED (other than fully
open, not inoperative), or DELAIR BRG-INOP (other than fully open,
inoperative). The AIS transmitter will transmit the bridge status every
two minutes and upon a change in the bridge status.
The remote operation system is designed to provide equal or greater
capabilities compared to the on-site bridge tender in visibility of the
waterway and bridge and in signals (communications) via sound and
visual signals and radio telephone (voice) via VHF-FM channels 13 and
16. The remote operation system also incorporates real-time bridge
status via AIS signal to aid mariners in voyage planning and
navigational decision-making, a dedicated telephone line (856) 231-2301
for bridge operations, and push-to-talk (PTT) capability on VHF-FM
channel 13.
The signals for the remote operation center or on-site bridge
tender to respond to a sound signal for a bridge opening will include:
(1) When the draw can be opened immediately--a sound signal of one
prolonged blast followed by one short blast and illumination of a fixed
white light not more than 30 seconds after the requesting signal, and
(2) when the draw cannot be opened immediately--five short blasts
sounded in rapid succession and illumination of a fixed red light not
more 30 seconds after the vessel's opening signal. The signals for the
remote operation center or on-site
[[Page 29802]]
bridge tender to respond to a visual signal for a bridge opening will
include: (1) When the draw can be opened immediately--illumination of a
fixed white light not more than 30 seconds after the requesting signal,
and (2) when the draw cannot be opened immediately--illumination of a
fixed red light not more than 30 seconds after the vessel's opening
signal. The fixed white light will remain illuminated until the bridge
reaches the fully open position. The fixed white and red lights will be
positioned on the east (New Jersey) bridge abutment adjacent to the
navigation span.
Vessels that require an opening shall continue to request an
opening via the methods defined in 33 CFR 117.15(b) through (d) (sound
or visual signals or radio telephone (VHF-FM) voice communications),
via telephone at (856) 231-2301, or via push-to-talk (PTT) on VHF-FM
channel 13. Vessels may push the PTT button five times while on VHF-FM
channel 13 to request an opening.
The remote operation system will be considered in a failed
condition and qualified personnel will return and operate the bridge
within 60 minutes if any of the following conditions are found: (1) The
remote operation system becomes incapable of safely and effectively
operating the bridge from the remote operation center, (2) visibility
of the waterway or bridge is degraded to less than equal that of an on-
site bridge tender (all eight camera views are required), (3) signals
(communications) via sound or visual signals or radio telephone (voice)
via VHF-FM channels 13 or 16 become inoperative, or (4) AIS becomes
inoperative.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive Orders related to rulemaking. Below we summarize our
analyses based on these statutes and Executive Orders, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
The determination that this NPRM is not a significant regulatory
action is based on the findings that: (1) Vessels will continue to
transit the bridge in accordance with 33 CFR 117.716, (2) the remote
operation system is designed to provide equal or greater capabilities
compared to the on-site bridge tender, and (3) the bridge owner will be
capable of restoring on-site operation of the bridge within 60 minutes
if the remote operation system fails.
B. 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 certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. There are no known adverse
impacts to any entities related to this proposed rule, given no aspects
of the remote operating system for the bridge will create any burdens
on any entity as described in section IV.A above. The incorporation of
the automated identification system (AIS) capability into the remote
operation system is expected to aid mariners who have AIS capability or
access to computer-based AIS data in safely navigating through the
bridge by providing real-time bridge status.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies, and how, and to what
degree this rule would economically affect it.
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 proposed 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
section above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
D. Federalism and Indian Tribal Government
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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (Act) (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 proposed rule will not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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
made a preliminary determination that this action is one of a category
of
[[Page 29803]]
actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. Normally, such
actions are categorically excluded from further review under figure 2-
1, paragraph (32)(e), of the Instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record are not required for this rule. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.
G. 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
their message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. 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 http://www.regulations.gov. If your material cannot be
submitted using http://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 http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this notice of proposed rulemaking and all
public comments are in our online docket at http://www.regulations.gov
and can be viewed by following that Web site'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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 117.716 to read as follows:
Sec. 117.716 Delaware River.
(a) The following apply to all drawbridges across the Delaware
River:
(1) The draws of railroad bridges need not be opened when there is
a train in the bridge block approaching the bridge with the intention
of crossing or within five minutes of the known time of the passage of
a scheduled passenger train.
(2) The opening of a bridge may not be delayed more than five
minutes for a highway bridge or 10 minutes for a railroad bridge after
the signal to open is given.
(3) The owners of drawbridges shall provide and keep in good
legible condition two board gages painted white with black figures not
less than six inches high to indicate the vertical clearance under the
closed draw at all stages of the tide. The gages shall be so placed on
the bridge that they are plainly visible to operators of vessels
approaching the bridge either up or downstream.
(b) The draw of the Conrail Memorial Railroad Bridge, mile 104.6,
at Pennsauken Township, NJ shall be operated as follows:
(1) The bridge will be remotely operated from the Conrail South
Jersey dispatch center in Mount Laurel, NJ unless the remote operation
system is in a failed condition.
(2) An AIS transmitter has been installed on the New Jersey side of
the bridge at the bridge and land intersection in approximate position
39[deg]58'50.52'' N. (39.9807), 75[deg]03'58.75'' (-75.06632). The AIS
transmitter is assigned maritime mobile service identity (MMSI) number
993663001. The status of the bridge (open/closed/inoperative) will be
provided via the name transmitted by the AIS private aids to navigation
as DELAIR BRG-OPEN (fully open and locked position, channel light
green), DELAIR BRG-CLOSED (other than fully open, not inoperative), or
DELAIR BRG-INOP (other than fully open, inoperative). The AIS
transmitter will transmit the bridge status every two minutes and upon
a change in the bridge status.
(3) The remote operation system will be considered in a failed
condition and qualified personnel will return and operate the bridge
within 60 minutes if any of the following conditions are found:
(i) The remote operation system becomes incapable of safely and
effectively operating the bridge from the remote operation center; or
(ii) Visibility of the waterway or bridge is degraded to less than
equal that of an on-site bridge tender; or
(iii) Signals (communications) via sound or visual signals or radio
telephone (voice) via VHF-FM channels 13 or 16 become inoperative; or
(iv) AIS becomes inoperative.
(4) Vessels that require an opening shall continue to request an
opening via the methods defined in Sec. 117.15(b) through (d) (sound
or visual signals or radio telephone (VHF-FM) voice communications),
via telephone at (856) 231-2301, or via push-to-talk (PTT) on VHF-FM
channel 13. Vessels may push the PTT button five times while on VHF-FM
channel 13 to request an opening.
(5) The signals for the remote operation center or on-site bridge
tender to respond to a sound signal for a bridge opening include:
(i) When the draw can be opened immediately--a sound signal of one
prolonged blast followed by one short blast and illumination of a fixed
white light not more than 30 seconds after the requesting signal; or
(ii) When the draw cannot be opened immediately--five short blasts
sounded in rapid succession and illumination of a fixed red light not
more 30 seconds after the vessel's opening signal.
(6) The signals for the remote operation center or on-site bridge
tender to respond to a visual signal for a bridge opening include:
(i) When the draw can be opened immediately--illumination of a
fixed white light not more than 30 seconds after the requesting signal;
or
(ii) When the draw cannot be opened immediately--illumination of a
fixed red light not more 30 seconds after the vessel's opening signal.
(7) The fixed white light will remain illuminated until the bridge
reaches the fully open position. The fixed white and red lights will be
positioned on the east (New Jersey) bridge abutment adjacent to the
navigation span.
[[Page 29804]]
Dated: June 19, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2017-13857 Filed 6-29-17; 8:45 am]
BILLING CODE 9110-04-P