[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Proposed Rules]
[Pages 12178-12180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5386]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-092]


Drawbridge Operation Regulations; New Jersey Intracoastal 
Waterway, Beach Thorofare, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: At the request of the National Railroad Passenger Corporation 
(AMTRAK), the Coast Guard is considering a change to the regulations 
governing operation of the AMTRAK/New Jersey Transit Rail Operation 
(NJTRO) drawbridge across the Beach Thorofare, at New Jersey 
Intracoastal Waterway, mile 68.9, at Atlantic City, New Jersey, by 
permitting the bridge to be operated remotely from AMTRAK's 
Philadelphia office. This proposal is being made in an effort to 
combine bridge tender and dispatcher positions, enhance rail safety and 
operation, and reduce operating costs. This action should relieve 
AMTRAK of the burden of having to man the bridge constantly to open the 
draw, and should still provide for the reasonable needs of navigation.

DATES: Comments must be received on or before June 5, 1995.

ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard 
District, c/o Commander (obr), First Coast Guard District, Bldg. 135A, 
Governors Island, New York 10004-5073.
    Any comments received will become part of this docket and will be 
available for inspection and copying by appointment at Bldg. 135A, 
Governors Island, New York 10004-5073. Normal office hours are between 
7 a.m. and 3:30 p.m., Monday through Fridays, except Federal holidays. 
Comments may also be hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:
Gary Kassaf, Bridge Administrator--NY, Fifth Coast Guard District, 
(212) 668-7069, 668-7021, or 668-7165.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written views, comments, data, or 
arguments. Persons submitting comments should include their names and 
addresses, identify this rulemaking (CGD05-94-092), and the specific 
section of this proposal to which each comment applies, and give 
reasons for each comment. The Coast Guard requests that all comments 
and attachments be submitted in an unbound format suitable for copying 
and electronic filing. If not practical, a second copy of any bound 
material is requested. Persons desiring acknowledgment that their 
comments have been received should enclose a stamped, self-addressed 
postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments 
received.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander (ob) at the address under 
ADDRESSES. The request should include reasons why a hearing would be 
beneficial. If it determines that the opportunity for oral 
presentations will aid this rulemaking, the Coast Guard will hold a 
public hearing at a time and place to be announced by a later notice in 
the Federal Register.

Drafting Information

    The drafters of this notice are Mr. J. Arca, Fifth Coast Guard 
District, Bridge Branch--NY, Project Officer, and LCDR C.A. Abel, Fifth 
Coast Guard District Legal Office, Project Attorney.

Background and Purpose

    A permit was issued by the Coast Guard on December 20, 1988, to 
replace and slightly raise the superstructure of the Beach Thorofare 
bridge. The new drawbridge provides a vertical clearance of 4 feet at 
mean high water and 9 feet at mean low water when in the closed 
position. Prior to its rehabilitation in 1988, the old bridge was left 
in the open position and unused for 5 to 10 years. However, the 
regulations governing operation of this bridge require that the bridge 
open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m., the draw 
is required to open on signal from 20 minutes to 30 minutes after each 
hour and remain open for all waiting vessels. As a result of the 
rehabilitation and replacement work, the bridge now operates according 
to the published regulations, and AMTRAK seeks to operate the bridge 
remotely from its Philadelphia office.
    The Beach Thorofare section of the New Jersey Intracoastal Waterway 
is used primarily by recreational power boats ranging in length from 
eighteen (18) to thirty-eight (38) feet. The bridge is required to open 
for vessel traffic infrequently during the winter months. The number of 
openings increases during the normal season boating season. However, 
the number of openings is not excessive. During the period from 
February 1994 through June 1994, drawlogs for the Beach Thorofare 
Bridge show the bridge averaged 1 opening per day in February; 1 or 2 
openings per day in March; 2 openings per day in April; 6 openings per 
day in May; and 7 openings per day in June. During the same 5 month 
period, data provided by AMTRAK shows the number of trains per month 
crossing the bridge in both directions remained fairly constant, 
averaging between 900 and 1000 trains per month. The vast majority of 
these trains are passenger/shuttle type trains transporting persons 
wishing to visit Atlantic City, New Jersey. Train traffic across the 
bridge is proportionately much heavier than waterway traffic requiring 
openings of the bridge. Because of the relatively few requests for 
bridge openings, AMTRAK [[Page 12179]] would like to combine the bridge 
tender and train dispatcher positions in its Philadelphia office. By 
controlling openings of the bridge and movement of trains across the 
bridge from one location, AMTRAK can reduce operating costs and still 
closely monitor operations at the bridge.
    The Coast Guard has no record of any vessel allisions with this 
bridge. The vessels that do use this waterway are relatively small, and 
it is unlikely that they could create major damage to the bridge even 
if a vessel/bridge allision did occur. Therefore, safety does not 
appear to be a concern in the evaluation of this request.
    The proposed change establishes procedures and criteria for remote 
operation of the drawbridge, while providing mariners warning of this 
operation and a 24 hour-a-day point of contact for normal or emergency 
operation.

Regulatory Evaluation

    This proposal is not a significant regulatory action under section 
3(f) of Executive Order 12866, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
proposal to be so minimal that a full Regulatory Evaluation, under 
paragraph 10e of the regulatory policies and procedures of DOT, is 
unnecessary. This conclusion is based on the fact that the regulation 
will not prevent mariners from transiting the Beach Thorofare Bridge, 
nor will it change the present opening schedule. Rather, it will permit 
the bridge owner to operate the bridge remotely.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal, if adopted, will have 
a significant economic impact on a substantial number of small 
entities. ``Small entities'' include independently owned and operated 
small businesses that are not dominant in their field and that 
otherwise qualify as ``small business concern'' under section 3 of the 
Small Business Act (15 U.S.C. 632). Because it expects the impacts of 
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposal, if adopted, will not have a significant 
economic impact on a substantial number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria contained in Executive Order 12612, and has 
determined that this proposed regulation does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that, under section 2.B.2.e(32)(e) of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation. A Categorical Exclusion 
Determination statement and checklist has been prepared and placed in 
the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend part 117 of title 33, Code of Federal Regulations, 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; 49 CFR 1.46; 33 CFR 1.05-1(g).

    2. Section 117.733(e) is revised to read as follows:


Sec. 117.733  New Jersey Intracoastal Waterway

* * * * *
    (e) The draw of the AMTRAK New Jersey Transit Rail Operation 
(NJTRO) automated railroad swing bridge, mile 68.9, across Beach 
Thorofare at Atlantic City shall operate as follows:
    (1) Open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m., 
the draw shall open on signal from 20 minutes to 30 minutes after each 
hour and remain open for all waiting vessels.
    (2) Opening of the draw span may be delayed for ten minutes except 
as provided in Sec. 117.31(b). However, if a train is moving toward the 
bridge and has crossed the home signal for the bridge before the signal 
requesting opening of the bridge is given, that train may continue 
across the bridge and must clear the bridge interlocks before stopping.
    (3) When the bridge is not tended locally and/or is operated from a 
remote location, sufficient, closed-circuit TV cameras shall be 
operated and maintained at the bridge site to enable the remotely 
located bridge/train controller to have full view of both river traffic 
and the bridge.
    (4) Radiotelephone Channel 13 (156.65 Mhz) and 16 (156.8 Mhz) VHF-
FM, shall be maintained and utilized to facilitate communication in 
both remote and local control locations. The bridge also shall be 
equipped with directional microphones and horns to receive and deliver 
signals to vessels within a mile that are not equipped with 
radiotelephones.
    (5) Whenever the remote control system equipment is partially 
disabled or fails for any reason, the bridge shall be physically tended 
and operated from local control. Personnel shall be dispatched to 
arrive at the bridge as soon as possible but not more than one hour 
after malfunction or inoperation of the remote system. Mechanical by-
pass and override capability for remote operation shall be provided and 
maintained.
    (6) When the draw is opening, being closed, or is closed, yellow 
flashing lights located on the ends of the center piers shall be 
displayed continuously until the bridge is in the fully open position.
* * * * *
    3. Appendix A to part 117 is amended by adding a new entry under 
the State of New Jersey in alphabetical order to read as follows: New 
Jersey Intracoastal Waterway.

                                                                        
[[Page 12180]]                                                          
                        Appendix A to Part 117--Drawbridges Equipped With Radiotelephones                       
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                                                              Bridge name and                Calling    Working 
         Waterway             Mile         Location                owner         Call sign   channel    channel 
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        *                  *                  *                  *                  *                  *        
                                                        *                                                       
        New Jersey                                                                                              
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
New Jersey Intracoastal                                                                                         
 Waterway.                                                                                                      
(Beach Thorofare).........     68.9  Atlantic City.......  AMTRAK..............  WXZ 528..         13         13
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
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    Dated: February 3, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander Fifth Coast Guard District.
[FR Doc. 95-5386 Filed 3-3-95; 8:45 am]
BILLING CODE 4910-14-M