[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Rules and Regulations]
[Pages 53129-53131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25290]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-94-092]


Drawbridge Operation Regulations; Beach Thorofare, New Jersey

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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

EFFECTIVE DATE: November 13, 1995.

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

SUPPLEMENTARY INFORMATION: 

    Drafting Information: The principal persons involved in drafting 
this document are Mr. J. Arca, Fifth Coast Guard District, Bridge 
Branch, NY, Project Manager, and CAPT R. A. Knee, Fifth Coast Guard 
District Legal Office, Project Counsel.

Regulatory History

    On March 6, 1995, the Coast Guard published a Notice of Proposed 
Rulemaking entitled ``Drawbridge Operation Regulations; New Jersey 
Intracoastal Waterway, New Jersey'' in the Federal Register (60 FR 
12178). The Coast Guard received four comments on the Notice of 
Proposed Rulemaking. One offered no objection and three opposed the 
proposal. Objections cited the need for visual observation to safely 
operate the bridge from a remote location; concern over the ability of 
the bridge to open in an emergency; and concern for the safety of 
navigation and nearby children.
    The Coast Guard believes the drawbridge is adequately equipped to 
meet these concerns. The bridge is equipped with eight cameras which 
provide visual coverage of the entire bridge and waterway. One of the 
eight cameras has zoom and pan action capability covering a 360 degree 
arc. Whenever the remote control system equipment is partially 
disabled, or fails for any reason, the bridge will be physically tended 
and operated from a local control site as soon as possible, but in no 
case later than an hour after the malfunction. The bridge is equipped 
with a radiotelephone capable of communicating in both local and remote 
control locations. The bridge is also equipped with directional 
microphones and horns with the ability to receive and deliver signals. 
A public hearing was not requested, and one was not held.

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. 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 increase during the normal 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 showed the bridge averaged 1 opening per day in February, 1 to 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 showed the number of trains per month 
crossing the bridge in both directions remained fairly constant, 
averaging between 900 and 1,000 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 would like to combine the bridgetender and 
train dispatcher positions in its Philadelphia office. By controlling 
openings of the bridge and movement of trains across the bridge 
remotely 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 significant concern in the evaluation of this request.
    This change establishes procedures and criteria for remote 
operation of the drawbridge, while still providing for the needs of 
navigation.

Regulatory Evaluation

    This rule 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 
rule 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 this rule will 
not prevent mariners from passing through the Beach Thorofare Bridge 
nor will it change the present opening schedule. 

[[Page 53130]]
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 final rule 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 fields and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). Because it expects the impact of this 
rule to be minimal, 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.

Collection of Information

    This rule 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 rule under the principles and 
criteria contained in Executive Order 12612 and it has been determined 
that this rule will not have sufficient federalism implications to 
warrant preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant 
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this 
rule is categorically excluded from further environmental 
documentation. A Categorical Exclusion Determination statement has been 
prepared and placed in the rulemaking docket.

List of Subjects in 33 CFR Part 117

    Bridges.

    In consideration of the foregoing, the Coast Guard is amending part 
117 Title 33, Code of Federal Regulations to read 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 Operations 
(NJTRO) automated railroad swing bridge across Beach Thorofare, mile 
68.9 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 awaiting 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 Channels 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 shall also 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 by local control. Personnel shall be dispatched to arrive 
at the bridge as soon as possible, but not more than one hour after 
malfunction or disability of the remote system. Mechanical bypass and 
override capability for remote operation shall be provided and 
maintained.
    (6) When the draw is opening and closing, or is closed, yellow 
flashing lights located on the ends of the centers piers shall be 
displayed continuously until the bridge is returned to the fully open 
position.
* * * * *
    3. Appendix A to Part 117 is amended by adding the New Jersey 
Intracoastal Waterway entry under the State of New Jersey to read as 
follows:

                        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....  Beach Thoro        WXZ 528            13       13
                                                                AMTRAK.                                         
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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[[Page 53131]]

    Dated: September 28, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 95-25290 Filed 10-11-95; 8:45 am]
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