[Federal Register: May 20, 2003 (Volume 68, Number 97)]
[Rules and Regulations]
[Page 27460-27462]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20my03-5]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-02-065]
RIN 1625-AA09
Drawbridge Operation Regulation; Raccoon Creek, NJ
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is changing the operating regulations for the
Consolidated Rail Corporation (CONRAIL) Railroad Bridge across Raccoon
Creek at mile 2.0, in Bridgeport, New Jersey. This final rule for the
CONRAIL Railroad Bridge eliminates the need for a bridge tender by
allowing the bridge to be operated by a train crewmember. The final
rule will provide for the reasonable needs of navigation.
DATES: This rule is effective June 19, 2003.
ADDRESSES: Comments and material received from the public, as well as
documents indicated in this preamble as being available in the docket,
are part of docket CGD05-02-065 and are available for inspection or
copying at Commander (oan), Fifth Coast Guard District, Federal
Building, 4th Floor, 431 Crawford Street, Portsmouth, Virginia 23704-
5004 between 8 a.m. and 4:30 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 6, 2003, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Raccoon Creek, New
Jersey'' in the Federal Register (68 FR 6100). We received one letter
commenting on the proposed rule. No public hearing was requested nor
held.
Background and Purpose
CONRAIL, who owns and operates this movable (swing-type) bridge,
requested changes to the operating procedure for the drawbridge located
at mile 2.0 across Raccoon Creek, in Bridgeport, New Jersey. Currently,
Title 33 Code of Federal Regulations (CFR) Part 117.741 requires the
bridge to open on signal from March 1 through November 30, from 7 a.m.
to 11 p.m. At all other times, the draw must open on signal if at least
four hours notice is given. The draw must also open at all times as
soon as possible for passage of a public vessel of the United States.
CONRAIL installed a new Programmable Logic Controller and
associated mechanical, electrical and signal apparatus on the CONRAIL
Railroad Bridge over Raccoon Creek in Bridgeport, New Jersey. This rule
allows a radio-controlled system to operate the opening and closing of
the swing span from the cab of the locomotive. From March 1 through
November 30, the swing bridge will normally be left in the fully opened
position displaying flashing green channel lights indicating that
vessels may pass through. At all other times, the draw of the CONRAIL
Railroad Bridge need only open on signal if at least four hours notice
is given by calling (856) 231-2393.
Under this rule, when a train approaches the bridge it will stop
and a train crewmember will observe the waterway for approaching craft,
which will be allowed to pass. The train crewmember will then enter a
prearranged code number using a radio keypad. The radio code will send
a radio signal to the Programmable Logic Controller attached to the
bridge, which will begin the process of closing the bridge. At that
time, the bridge channel lights will change from flashing green to
flashing red, a horn blast will sound four times, followed by a pause,
then the four horn blasts will be repeated and the bridge will close.
Once closed, the train will proceed across the bridge. After the train
has cleared the swing span, which is approximately 300 feet from the
bridge, the horn will automatically sound five times to indicate the
span of the bridge is about to return to the full open position.
Channel traffic lights would change from flashing green to flashing red
any time the bridge is not in the full open position. In the full open
position, the channel traffic lights will turn from flashing red to
flashing green.
This rule will make the closure process of the CONRAIL Railroad
Bridge more efficient during train crossings and periodic maintenance,
and will save operational costs by eliminating bridge tenders while
providing greater bridge operating capabilities.
Discussion of Comments and Change
The Coast Guard received one comment on the NPRM. The comment
offered by the U.S. Fish and Wildlife Service (Service) indicated that
the federally listed (threatened) bald eagle currently nests within 1.6
miles of the CONRAIL Railroad Bridge. The Service
[[Page 27461]]
states that bald eagles from the nearby nest site may occasionally
forage or roost in the vicinity of the bridge. Based on the current
available information, the Service does not anticipate adverse impacts
to the bald eagle and does not object to the proposed changes in the
operation of the CONRAIL Railroad Bridge. Therefore, no changes were
made to the final rule.
Regulatory Evaluation
This 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 section
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 (DHS).
We reached this conclusion based on the fact that this final rule
for the CONRAIL Railroad Bridge will provide for greater flow of vessel
traffic than the current regulations for the drawbridge. Under the
current regulations, the CONRAIL Railroad Bridge remains closed and
opens after proper signal from March 1 through November 30. The final
rule will require the bridge to remain in the open position during this
period, permitting vessels to pass freely. The bridge will close only
for train crossings and bridge maintenance. This final rule will
provide for the reasonable needs of navigation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This final rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. The
final rule will provide for the CONRAIL Railroad Bridge to remain in
the open position from March 1 through November 30, allowing the free
flow of vessel traffic. The bridge would only close for the passage of
trains and maintenance.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. In our
notice of proposed rulemaking, we provided a point of contact to small
entities who could answer questions concerning proposed provisions or
option for compliance.
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).
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 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 rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
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.
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 would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
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.
Energy Effects
We have analyzed this 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 considered the environmental impact of this rule and
concluded that under figure 2-1, paragraph (32)(e), of Commandant
Instruction M16475.lD, this rule is categorically excluded from further
environmental documentation. The final rule only involves the operation
of an existing drawbridge and will not have any impact on the
environment. A ``Categorical Exclusion Determination'' is available in
the docket where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
0
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; Department of Homeland Security
Delegation No. 0170; 33 CFR 1.05-1(g); Sec. 117.255 also issued
under the authority of P.L. 102-587, 106 Stat. 5039.
0
2. Sec. 117.741 is revised to read as follows:
[[Page 27462]]
Sec. 117.741 Raccoon Creek.
(a) The draw of the Route 130 highway bridge, mile 1.8 at
Bridgeport, shall open on signal:
(1) March 1 through November 30, from 7 a.m. to 11 p.m.
(2) At all other times, if at least four hours notice is given.
(b) The draw of the CONRAIL Railroad Bridge, mile 2.0 at
Bridgeport, shall operate as follows:
(1) From March 1 through November 30, the draw shall be left in the
open position at all times and will only be closed for the passage of
trains and to perform periodic maintenance authorized in accordance
with subpart A of this part.
(i) Trains shall be controlled so that any delay in opening of the
draw shall not exceed ten minutes except as provided in Sec.
117.31(b).
(ii) Before the bridge closes for any reason, a train crewmember
will observe the waterway for approaching craft, which will be allowed
to pass. A train crewmember will then operate the bridge by radiophone.
The bridge shall only be closed if a train crewmember's visual
inspection shows that the channel is clear and there are no vessels
transiting in the area.
(iii) While the CONRAIL Railroad Bridge is moving from the full
open to the full closed position, a train crewmember will maintain
constant surveillance of the navigational channel to ensure no conflict
with maritime traffic exists. In the event of failure or obstruction,
the train crewmember will stop the bridge and return the bridge to the
open position.
(iv) The CONRAIL Railroad channel traffic lights will change from
flashing green to flashing red anytime the bridge is not in the full
open position.
(v) During closing of the span, the channel traffic lights will
change from flashing green to flashing red, the horn will sound four
times, followed by a pause, then the four blasts will be repeated and
the bridge will close. When the rail traffic has cleared the swing
span, the horn will automatically sound five times to signal the draw
of the CONRAIL Railroad Bridge is about to return to its full open
position.
(vi) During open span movement, the channel traffic lights will be
flashing red, the horn will sound four times, followed by a pause, then
four blasts will be repeated until the bridge is in the full open
position. In the full open position, the channel traffic lights will
then turn from flashing red to flashing green.
(2) At all other times, the draw may be left in the closed position
and opened on signal if at least four hours notice is given by
telephone at (856) 231-2393.
Dated: April 29, 2003.
Sally Brice O'Hara,
Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-12491 Filed 5-19-03; 8:45 am]
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