[Federal Register: October 14, 2003 (Volume 68, Number 198)]
[Proposed Rules]
[Page 59143-59145]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc03-34]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD01-03-096]
RIN 1625-AA09
Drawbridge Operation Regulations; Rahway River, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the drawbridge operating
regulations governing the operation of the Conrail Bridge, mile 2.0,
across the Rahway River at Linden, New Jersey. This proposed rule would
allow the bridge to be operated from a remote location. The bridge
would remain in the open position at all times except for the passage
of rail traffic. This rule is expected to relieve the bridge owner of
the burden of crewing the bridge at all times while still providing for
the reasonable needs of navigation.
DATES: Comments must reach the Coast Guard on or before December 15,
2003.
ADDRESSES: You may mail comments and related material to Commander
(obr), First Coast Guard District Bridge Branch, One South Street,
Battery Park Building, New York, New York, 10004, or deliver them to
the same address between 7 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. The telephone number is (212) 668-7165. The
First Coast Guard District, Bridge Branch, maintains the public docket
for this rulemaking. Comments and material received from the public, as
well as documents indicated in this preamble as being available in the
docket, will become part of this docket and will be available for
inspection or copying at the First Coast Guard District, Bridge Branch,
7 a.m. to 3 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast
Guard District, (212) 668-7069.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments or related material. If you do so, please include your name
and address, identify the docket number for this rulemaking (CGD01-03-
096), indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like to know if
they reached us, please enclose a stamped, self-addressed postcard or
envelope. We will consider all comments and material received during
the comment period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to the First Coast Guard District,
Bridge Branch, at the address under ADDRESSES explaining why one would
be beneficial. If we determine that one would aid this rulemaking, we
will hold one at a time and place announced by a later notice in the
Federal Register.
Background and Purpose
The Conrail Bridge has a vertical clearance of 6 feet at mean high
water and 11 feet at mean low water in the closed position.
The existing drawbridge operation regulations listed at 33 CFR
117.743, require the bridge to open on signal from April 1 through
November 30, from 6 a.m. to 10 p.m. At all other times, the bridge
opens on signal if at least a four-hour notice is given.
The Conrail Bridge across the Rahway River is navigated
predominantly by small recreational vessels April through November.
The owner of the bridge, Consolidated Rail Corporation (Conrail),
requested a change to the drawbridge operation regulations that would
allow the bridge owner to operate the bridge from a remote location.
The bridge would be operated from the remote location by a bridge/train
dispatcher located at the Conrail Dispatch Office at Mount Laurel, New
Jersey. The on scene bridge tender would be eliminated by this
rulemaking.
It is expected that this proposed rule, if adopted, would relieve
the bridge owner of the burden of crewing the bridge at all times while
still meeting the reasonable needs of navigation.
Discussion of Proposal
This proposed rule would relieve the bridge owner from the burden
of crewing the bridge at all times by allowing the bridge to be
operated from a remote location while still meeting the reasonable
needs of navigation.
Under this proposed rule the bridge would remain in the full open
position at all times and be closed only for the passage of rail
traffic. The procedure for closing the Conrail Bridge to vessel
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traffic to allow the passage of rail traffic across the waterway would
be as follows:
All rail traffic approaching the bridge would be stopped at a safe
point before crossing the bridge; a train crewmember would detrain and
relocate to a good vantage point to observe the waterway both up and
down stream. Any vessel traffic observed approaching the bridge would
be allowed to pass through the bridge before closing; once it is
determined that no vessel traffic is approaching or under the bridge,
the train crewmember would then communicate by radio or telephone with
the remotely located bridge/train dispatcher at the Conrail Dispatch
Office, at Mount Laurel, New Jersey, requesting the bridge to be
closed.
Before closing the bridge a public address system would announce
that the bridge is closing, a marine traffic light system located at
the bridge facing both upstream and downstream would change from
flashing green to flashing red, and a horn would sound two times, pause
10 seconds, then repeat two horn blasts until the bridge is seated and
locked down.
During the downward bridge span closing the bridge/train dispatcher
would continually monitor the infrared sensor system to ensure that no
vessel traffic is approaching or passing under the bridge. After the
rail traffic has cleared the bridge, the horn would sound five times to
signal that the bridge is about to open.
Based upon all the above information, the Coast Guard believes that
this proposed rule is reasonable. It is expected that this rule will
relieve the bridge owner from the burden of crewing the bridge at all
times while still meeting the reasonable needs of navigation.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under 6(a)(3) of that Order. The Office of Management and Budget has
not reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security.
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation, under the regulatory
policies and procedures of DHS, is unnecessary.
This conclusion is based on the fact that the bridge would be open
for vessel traffic at all times, except for the passage of rail
traffic.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 section 5 U.S.C. 605(b), that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
This conclusion is based on the fact that the bridge would be open
for vessel traffic at all times, except for the passage of rail
traffic.
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.
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.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. It has not been designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.1D, 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 there are no factors in this case that would limit
the use of a categorical exclusion under section
[[Page 59145]]
2.B.2 of the Instruction. Therefore, this proposed rule is
categorically excluded, under figure 2-1, paragraph (32)(e), of the
Instruction, from further environment documentation because it has been
determined that the promulgation of operating regulations for
drawbridges are categorically excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
1. The authority citation for part 117 continues to read as
follows:
Authority: 33 U.S.C. 499; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. Section 117.743 is revised to read as follows:
Sec. 117.743 Rahway River.
The draw of the Conrail Bridge, mile 2.0, across the Rahway River,
at Linden, New Jersey, shall operate as follows:
(a) The draw shall remain in the full open position at all times,
and shall only be closed for the passage of rail traffic or the
performance of maintenance authorized in accordance with subpart A of
this part.
(b) The draw shall be remotely operated by a bridge/train
dispatcher located at the Conrail Dispatch Office at Mount Laurel, New
Jersey.
(c) A marine traffic light system shall be maintained at the bridge
and display flashing green lights to indicate that vessels may pass
through the bridge, and flashing red lights any time the bridge is not
in the full open position.
(d) An infrared sensor system shall be maintained at the bridge to
determine that no conflict with vessel traffic exists while the bridge
is closing.
(e) Before the bridge may be closed from the remote location, an
on-site train crewmember shall observe the waterway for any vessel
traffic. All approaching vessels shall be allowed to pass before the
bridge may close. The on-site train crewmember shall then communicate
with the bridge/train dispatcher at the Conrail Dispatch Office, at
Mount Laurel, either by radio or telephone, to request that the bridge
be closed.
(f) While the bridge is moving from the full open to full closed
position, the bridge/train dispatcher shall maintain constant
surveillance of the navigational channel at the bridge using the
infrared sensor system.
(g) If the infrared sensors detect a vessel or other obstruction
approaching or under the bridge before the draw is fully lowered and
locked, the closing sequence is stopped, automatically, and the draw is
raised to its fully open position until the channel is clear.
(h) During the downward bridge closing movement, the marine traffic
light system located at the bridge will change from flashing green to
flashing red, the public address system will announce that the bridge
will be closing, and the horn will sound two times, pause 10 seconds,
then repeat two horn blasts until the bridge is seated and fully locked
down.
(i) When all rail traffic has cleared the bridge, the bridge/train
dispatcher will sound the horn five times to signal that the draw is
about to open.
(j) In the event of a failure, or obstruction to the infrared
sensor system, the bridge shall immediately be returned to the full
open position until the problem is corrected.
(k) In the event of a loss of communication between the on-site
personnel and the bridge/train dispatcher, the bridge shall immediately
be returned to the full open position until the problem is corrected.
(l) Should the draw become inoperable from the remote site while
the bridge is in the closed position, a bridge tender, maintenance
personnel, or engineer shall be deployed to be on site within one hour
from the time the draw becomes inoperable until the bridge can be
returned to the full open position.
(m) Trains shall be controlled so that any delay in opening of the
draw shall not exceed ten minutes after a train has crossed the bridge;
except as provided in 33 CFR 117.31(b). However, 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 interlocks
before stopping.
Dated: September 29, 2003.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 03-25892 Filed 10-10-03; 8:45 am]
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