[Federal Register Volume 66, Number 196 (Wednesday, October 10, 2001)]
[Proposed Rules]
[Pages 51614-51617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25425]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-01-052]
RIN 2115-AE47


Drawbridge Operation Regulations; Darby Creek, Pennsylvania

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the operating 
regulations for the Consolidated Rail Corporation (CONRAIL) Railroad 
Bridge and the Reading Railroad Bridge, across Darby Creek both at mile 
0.3, in Essington, Pennsylvania. The proposal for the CONRAIL Railroad 
Bridge would eliminate the need for a bridge tender by allowing the 
bridge to be operated by the bridge/train controller from a remote 
location. The Reading Railroad Bridge would be left in the open 
position. These changes will provide for the reasonable needs of 
navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before December 10, 2001.

ADDRESSES: You may mail comments and related material to Commander 
(Aowb), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand 
delivered to the same address between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal Holidays. The telephone number is (757) 398-
6222. The Commander (Aowb), Fifth Coast Guard District maintains the 
public docket for this rulemaking. Comments and material received from 
the public, as well as documents indicated in this preamble as being 
available in the docket, will become part of this docket and will be 
available for inspection or copying at the above address.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, 
Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CCGD5-01-
052), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the Commander, Fifth Coast Guard 
District at the address under ADDRESSES explaining why one would be 
beneficial. If we determine that one would aid this rulemaking, we will 
hold one at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    CONRAIL, who owns and operates both drawbridges, has requested 
changes to the operating procedures for both their drawbridges across 
Darby Creek, mile 0.3, located in Essington, Pennsylvania. The proposed 
changes would allow the operation of the CONRAIL Railroad Bridge from a 
remote location. CONRAIL has requested that the bridge/train controller 
at the Delair Railroad Bridge, in Delair, New Jersey, operate the 
CONRAIL Railroad Bridge across Darby Creek. The Reading Railroad Bridge 
would be maintained in the open position for vessels at all times. The 
operating schedule for both drawbridges is set out in 33 CFR 117.903. 
The regulation states that from May 15 through October 15, from 11 p.m. 
to 7 a.m., the draws need not be opened for the passage of vessels. 
Between 7 a.m. and 11 p.m., the draws shall open on signal at 7:15 
a.m., 10:30 a.m., 1 p.m., 3 p.m., 7:30 p.m. and 10:30 p.m. and at all 
other times during these hours, if an opening will not unduly delay 
railroad operations. From October 16 through May 14, the draws shall 
open on signal if at least 24 hours notice is given. However, in 
reality the CONRAIL Railroad Bridge currently is left in the open 
position and only closed by a bridge tender on site for passage of an 
approaching train.
    Under the proposed rule, when a train approaches the CONRAIL 
Railroad Bridge, it will stop and a crewmember will be on-site to 
assist in observing the waterway for approaching craft, which will be 
allowed to pass. The crewmember will then communicate with the off-site 
bridge/train controller at the Delair Railroad Bridge either by radio 
or telephone, requesting the off-site bridge/train controller to lower 
the bridge. Before closing the CONRAIL Railroad Bridge, the off-site 
bridge/controller would monitor waterway traffic on Darby Creek in the 
area of the drawbridge by maintaining constant surveillance of the 
navigation channel using infrared channel sensors to ensure no conflict 
with maritime traffic exists. Channel traffic lights located on top of 
the bridge would change from flashing green to flashing red any time 
the bridge is not in the full open position.
    This change is being requested to make the closure process of the 
CONRAIL Railroad Bridge more efficient during train crossings and 
periodic maintenance and to save operational costs by eliminating 
bridge tenders while still providing the same bridge capabilities.
    Since 1980, the Reading Railroad Bridge has had the tracks removed 
on the north and south sides of the bridge and is secured in the full 
open position to allow marine traffic to pass. In accordance with 33 
CFR 117.41, the lift-span had been placed in the full open position for 
vessels. This proposal formalizes the current operation of the Reading 
Railroad Bridge.

Discussion of Proposed Rule

    The Coast Guard proposes to amend 33 CFR 117.903, which governs the 
CONRAIL railroad drawbridges across Darby Creek both at mile 0.3, in 
Essington, Pennsylvania, by allowing remote operation of the CONRAIL 
Railroad Bridge and maintenance of the Reading Railroad Bridge in the 
full open position for vessel traffic at all times.
    The Coast Guard proposes to revise 33 CFR 117.903 by amending 
paragraph (a) for the remote operation of the CONRAIL Railroad Bridge 
and by removing the Reading Railroad Bridge from its requirements. The 
regulation would require the draw of the CONRAIL Railroad Bridge to be 
lowered and raised off-site by the bridge/train controller at the 
Delair Railroad Bridge, in Delair, New Jersey. From May 15 through 
October 15, the bridge would be left in the open position and would 
only close for the passage of trains and to perform periodic 
maintenance authorized in accordance with subpart A of this part.
    From October 16 to May 15, the draw of the CONRAIL Railroad Bridge 
need only open on signal if at least 24 hours notice is given by 
calling (856) 231-7088 or (856) 662-8201.
    Before the CONRAIL Railroad Bridge closes for any reason, a 
crewmember on-site will assist in observing the waterway for 
approaching craft, which will be allowed to pass. The crewmember will 
then communicate with the off-site bridge/train controller

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at the Delair Railroad Bridge either by radio or telephone, requesting 
the off-site bridge/train controller to lower the bridge.
    The CONRAIL Railroad Bridge would only be lowered if infrared 
channel sensors show there are no vessels in the area.
    While the CONRAIL Railroad Bridge is moving from the full open 
position to the full closed position, the off-site bridge/train 
controller will maintain constant surveillance of the navigation 
channel using infrared channel sensors to ensure no conflict with 
maritime traffic exists. In the event of failure or obstruction of the 
infrared channel sensors, the bridge will automatically stop and return 
to the full open position. The off-site bridge/train controller, from 
the remote location, shall not operate the bridge in the event of loss 
of radio or telephone communication with the on-site crewmember.
    The CONRAIL Railroad Bridge channel traffic lights would change 
from flashing green to flashing red any time the bridge is not in the 
full open position. During downward span movement, the channel traffic 
lights would change from flashing green to flashing red, horn will 
sound two times, followed by a pause, and then two repeat blasts until 
the bridge is seated and locked down.
    When the rail traffic has cleared, the off-site bridge/train 
controller at the Delair Railroad Bridge will sound the horn five times 
that the draw of the CONRAIL Railroad Bridge is about to return to its 
full open position. The channel traffic lights would turn from flashing 
red to flashing green. After the train has cleared the bridge by 
leaving the track circuit, any delay in opening of the draw shall not 
exceed ten minutes except as provided in 33 CFR 117.31(b). Operational 
information will be provided 24 hours a day by telephone at (856) 231-
7088 or (856) 662-8201.
    The Coast Guard proposes to revise 33 CFR 117.903 by amending 
paragraphs (a) and (b). The provision for clearance gages would remain 
at paragraph (a); however, the language for clearance gage requirements 
would change to identify only the Conrail Railroad Bridge because the 
Reading Railroad Bridge is maintained in the open position for vessels 
at all times and no clearance gage is needed. Paragraph (b) would 
govern the Reading Railroad Bridge. The regulation would require the 
draw of the Reading Railroad Bridge to be left in the full open 
position at all times in accordance with 33 CFR 117.41.
    The surplus language currently stated in 33 CFR 117.903(b)(3) and 
(4) would be removed to be consistent with the general operating 
regulations under 33 CFR 117.11 and 33 CFR 117.31. The provision 
delineated in 33 CFR 117.11(b) already requires that no vessel owner 
signal a drawbridge to open for any purpose other than to pass through 
the drawbridge opening. Also, 33 CFR 117.31(b)(2) and (3) states that 
the draw shall open as soon as possible for an emergency or vessel in 
distress and is no longer required to be published in each specific 
bridge regulation.
    Elimination of surplus language is based on the fact that the 
Reading Railroad Bridge is secured in the full open position for vessel 
traffic and would be maintained in the full open position until removal 
of its lift span. Further, the CONRAIL Railroad Bridge proposal would 
allow for remote operation by maintaining the bridge in the open 
position, and would only close for the passage of trains and to perform 
maintenance.
    Additional text modifications would be made as appropriate.

Regulatory Evaluation

    This proposed 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 
Transportation (DOT)(44 FR 11040, February 26, 1979).
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation under paragraph 10e of the 
regulatory policies and procedures of DOT is unnecessary. We reached 
this conclusion based on the fact that the proposed changes for the 
Conrail Railroad Bridge regulations will provide for greater flow of 
vessel traffic than the current regulations of the drawbridge.
    Under the current regulations, the Conrail Railroad Bridge remains 
closed and opens after proper signal from May 15 through October 15. 
The proposed regulation will require the bridge to remain in the open 
position, permitting vessels to pass freely. The bridge will close only 
for train crossings and bridge maintenance. This proposed regulation 
will provide for the reasonable needs of navigation.
    For the Reading Railroad Bridge, the proposed regulation will 
provide for the reasonable needs of navigation since the bridge is 
maintained in the open position for vessel passage at all times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed 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 proposed 
rule would not have a significant economic impact on a substantial 
number of small entities.
    This proposed rule would not have a significant economic impact on 
a substantial number of small entities because it will provide for the 
CONRAIL Railroad Bridge to operate remotely and remain in the open 
position, allowing the free flow of vessel traffic. The bridge would 
only close for the passage of trains and maintenance.
    The Reading Railroad Bridge will have no impact since the bridge is 
maintained in the open position at all times for vessel passage.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
rule would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact Ann B. Deaton, Bridge 
Administrator, Fifth Coast Guard District, (757) 398-6222.

Collection of Information

    This proposed rule would call 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,

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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 proposed 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 proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would 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 proposed 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this proposed rule might impact tribal 
governments, even if that impact may not constitute a ``tribal 
implication'' under the Order.

Energy Effects

    We have analyzed this proposed 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 proposed rule 
and concluded that, under figure 2-1, paragraph (32)(e), of Commandant 
Instruction M16475.lC, this rule is categorically excluded from further 
environmental documentation. The proposed rule only involves the 
operation of existing drawbridges 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.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 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); Section 
117.255 also issued under authority of Pub.L. 102-587, 106 Stat. 
5039.
    2. Section 117.903 is revised to read as follows:


Sec. 117.903  Darby Creek.

    (a) The draw of the CONRAIL Railroad Bridge, mile 0.3, at 
Essington, will operate as follows:
    (1) The owner of this bridge on this waterway shall provide and 
keep in good legible condition two board gages painted white with black 
figures, nine inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (2) 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). 
However, if a train moving toward the bridge has crossed the home 
signal for the bridge before the signal requesting opening of the 
bridge is given, the train may continue across the bridge and must 
clear the bridge interlocks before stopping.
    (3) From May 15 through October 15, the draw shall be left in the 
open position at all times and will only be lowered for the passage of 
trains and to perform periodic maintenance authorized in accordance 
with subpart A of this part.
    (4) The bridge will be operated by the bridge/train controller at 
the Delair Railroad Bridge in Delair, New Jersey.
    (5) Before the bridge closes for any reason, an on-site crewmember 
will observe the waterway for approaching craft, which will be allowed 
to pass. The on-site crewmember will then communicate with the off-site 
bridge/train controller at the Delair Railroad Bridge either by radio 
or telephone, requesting the off-site bridge/train controller to lower 
the bridge.
    (6) The bridge shall only be lowered from the remote site if the 
on-site crewmember's visual inspection shows there are no vessels in 
the area and the infrared channel sensors are not obstructed.
    (7) While the CONRAIL Railroad Bridge is moving from the full open 
to the full closed position, the off-site bridge/train controller will 
maintain constant surveillance of the navigational channel using 
infrared sensors to ensure no conflict with maritime traffic exists. In 
the event of failure or obstruction of the infrared channel sensors, 
the bridge will automatically stop and return to the open position. In 
the event of loss of radio or telephone communications with the on-site 
crewmember, the bridge will automatically stop and return to the open 
position.
    (8) When the draw cannot be operated from the remote site, a bridge 
tender must be called to operate the bridge in the traditional on-site 
manner.
    (9) The CONRAIL Railroad channel traffic lights will change from 
flashing green to flashing red anytime the bridge is not in the full 
open position.
    (10) During downward span movement, the channel traffic lights will 
change from flashing green to

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flashing red, the horn will sound two times, followed by a pause, and 
then two repeat blasts until the bridge is seated and locked down.
    (11) When the rail traffic has cleared, the off-site bridge/train 
controller at the Delair Railroad Bridge will sound the horn five times 
to signal the draw of the CONRAIL Railroad Bridge is about to return to 
its full open position.
    (12) During upward span movement, the channel traffic lights will 
be flashing red, the horn will sound two times, followed by a pause, 
and then sound repeat blasts 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.
    (13) From October 16 through May 14, the draw shall open on signal 
if at least 24 hours notice is given by telephone at (856) 231-7088 or 
(856) 662-8201. Operational information will be provided 24 hours a day 
by telephone at (856) 231-7088 or (856) 662-8201.
    (b) The Reading Railroad Bridge, mile 0.3, at Essington, will be 
left in the full open position at all times.

    Dated: September 25, 2001.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 01-25425 Filed 10-9-01; 8:45 am]
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