[Federal Register: April 20, 2004 (Volume 69, Number 76)]
[Rules and Regulations]
[Page 21062-21064]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap04-13]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-03-121]
RIN 1625-AA09
Drawbridge Operation Regulation: Mantua 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 Mantua
Creek at mile 1.4, in Paulsboro, New Jersey. The final rule for the
CONRAIL Railroad Bridge will increase vessel openings and eliminate 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 May 20, 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 CGD05-03-121 and are available for inspection or
copying at Commander (obr), 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 November 25, 2003, we published a notice of proposed rulemaking
(NPRM) entitled ``Drawbridge Operation Regulations; Mantua Creek, New
Jersey'' in the Federal Register (68 FR 66062). We received two letters
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 1.4 across Mantua Creek, in Paulsboro, New Jersey. Currently,
33 CFR 117.729(a) requires the bridge to open on signal except, that
from December 1 through March 1, the draw must open on signal at all
times upon four hours notice.
CONRAIL installed a new Programmable Logic Controller and
associated mechanical, electrical and signal apparatus on the CONRAIL
Railroad Bridge over Mantua Creek in Paulsboro, 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 through
November, 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.
Discussion of Comments and Changes
The Coast Guard received two comments on the NPRM. The first
comment, from CONRAIL, noted that when the bridge is seated and locked
down to vessels, the channel traffic lights will continue to flash red.
The proposed rule, in paragraph (a) (1)(iv), stated that the channel
traffic lights ``will extinguish''.
The second comment, from New Jersey Department of Transportation
(NJDOT), had expressed concerns that the method of signaling proposed
by CONRAIL for the opening and closing of the span might cause boater
confusion and reduce safety. The NJDOT operates the upstream Route 44
Bridge at mile 2.7 across Mantua Creek in Paulsboro, and uses the
standard signaling for drawbridges delineated in 33 CFR 117.15. NJDOT
correctly indicated that, at 33 CFR 117.15(a)(4), the sound signal for
a horn to acknowledge that the drawbridge is about to open for vessels
is one prolonged blast followed by a short blast. The proposed rule, in
paragraph (a)(1)(iv), stated the horn would sound, ``twice'' followed
by ``five repeated blasts''.
NJDOT also indicated that before closing a draw span to vessels, 33
CFR 117.15(a)(5) requires the acknowledging signal as five short blasts
of the horn in rapid succession. The proposed rule, in paragraph
(a)(1)(v), stated that the horn would sound ``twice'' then ``two horn
blasts''.
The Coast Guard considers these changes proposed to be more
reliable and the final rule was changed to reflect these procedures.
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
[[Page 21063]]
from March through November, 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. 0170.1; 33 CFR 1.05-1(g); Sec. 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
0
2. Amend Sec. 117.729 by revising paragraph (a) to read as follows:
Sec. 117.729 Mantua Creek.
(a) The draw of the CONRAIL Railroad Bridge, mile 1.4 at Paulsboro,
shall operate as follows:
(1) From March through November, the draw shall be left in the open
position to vessels 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, an on-site train
crewmember will observe the waterway for approaching craft, which will
be allowed to pass. An on-site train crewmember will then operate the
bridge by radiophone. The bridge shall only be closed if an on-site
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, an on-site 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 on-site train crewmember will stop the bridge and
return the bridge to the open position.
(iv) During closing of the span, the channel traffic lights will
flash red, the horn will sound five short blasts, and an audio voice
warning device will announce bridge movement, and the bridge will
close. When the bridge is seated and locked down to vessels, the
channel traffic lights will continue to flash red. When the rail
traffic has cleared the swing span, the horn will sound one prolonged
blast followed by one short blast to signal the draw of the CONRAIL
Railroad Bridge is about to return to its full open position to
vessels.
(v) During open span movement, the channel traffic lights will
flash red, the horn will sound one prolonged blast followed by one
short blast, then a pause, and an audio voice warning will announce
bridge movement until the bridge is in the full open position. In the
full open position, the channel traffic lights will flash green.
(2) From December to February, 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.
* * * * *
[[Page 21064]]
Dated: April 13, 2004.
Sally Brice-O'Hara,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-8864 Filed 4-19-04; 8:45 am]
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