[Federal Register: February 26, 2004 (Volume 69, Number 38)]
[Rules and Regulations]
[Page 8813-8815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26fe04-6]
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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, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard has changed the drawbridge operation
regulations that govern the Conrail Bridge, at mile 2.0, across the
Rahway River at Linden, New Jersey. This change to the drawbridge
operation regulations will allow the bridge to be operated from a
remote location. This action is expected to allow the bridge owner to
operate the bridge from a remote location while still providing for the
reasonable needs of navigation.
DATES: This rule is effective March 29, 2004.
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 (CGD01-03-096) and are available for inspection or
copying at the First Coast Guard District, Bridge Branch Office, One
South Street, New York, New York, 10004, between 7 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First
Coast Guard District, (212) 668-7069.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On October 14, 2003, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulations; Rahway River, New
Jersey, in the Federal Register (68 FR 59143). We received one comment
letter in response to the notice of proposed rulemaking. No public
hearing was requested and none was held.
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
shall open on signal if at least a four-hour notice is given.
The Conrail Bridge across the Rahway River is navigated
predominately by small recreational vessels April through November.
The owner of the bridge, Consolidated Rail Corporation (Conrail),
requested a change to the drawbridge operation regulations to allow the
bridge to be operated from a remote location by a bridge/train
dispatcher located at the Conrail Dispatch Office at Mount Laurel, New
Jersey. The bridge will still operate the same; except, it will be done
from a remote location. The on-scene bridge tender will be eliminated
by this rulemaking.
It is expected that this final rule will relieve the bridge owner
of the burden of crewing the bridge at all times while still meeting
the reasonable needs of navigation.
Discussion of Comments and Changes
The Coast Guard received one comment letter in response to the
notice of proposed rulemaking. The comment letter was in objection to
the proposed rule change stating that not having a drawtender in
attendance at the bridge would not allow for the timely discovery of
any conditions that may cause the bridge to become inoperative.
The bridge owner is required under 33 CFR 117.7 to keep the bridge
in good operable condition at all times and to test the bridge
operation at sufficient intervals to assure satisfactory operation. The
Coast Guard believes that it is not necessary to keep the bridge crewed
at all times and that the bridge owner's preventative maintenance
schedule is sufficient to assure reliable operation of the bridge. As a
result of the above, no changes have been made to this 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).
This conclusion is based on the fact that the bridge will continue
to 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 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 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 conclusion is based on the fact that the bridge will continue
to open for vessel traffic at all times, except for the passage of rail
traffic.
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.
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).
[[Page 8814]]
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 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 effect 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 does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have 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 analyzed this final 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 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (32)(e), of the Instruction, from further
environmental documentation. It has been determined that this final
rule does not significantly impact the environment.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
0
For the reasons set out 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); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
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 anytime 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-scene 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 shall be stopped, automatically, and the
draw shall be raised to its full 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 shall announce that the bridge
shall be closing, and the horn shall 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 shall 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
[[Page 8815]]
the bridge is in the closed position, a bridge tender, maintenance
personnel, or engineer shall be deployed to be on scene 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: February 13, 2004.
J.L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard
District.
[FR Doc. 04-4207 Filed 2-25-04; 8:45 am]
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