[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Rules and Regulations]
[Pages 6168-6171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3249]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-01-052]
RIN 2115-AE47


Drawbridge Operation Regulations; Darby Creek, PA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations for the 
Consolidated Rail Corporation (CONRAIL) Railroad Bridge and the Reading 
Railroad Bridge, both across Darby Creek at mile 0.3, in Essington, 
Pennsylvania. The final rule for the CONRAIL Railroad Bridge will 
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 will be left in the open position. The final 
rule will provide for the reasonable needs of navigation.

DATES: This rule is effective March 13, 2002.

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 CGD05-01-052 and are available for inspection or 
copying at Commander (Aowb), 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: Ann B. Deaton, Bridge Administrator, 
Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On October 10, 2001, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Darby Creek, 
Pennsylvania'' in the Federal Register (66 FR 51614). We received two 
letters commenting on the proposed rule. No public hearing was 
requested, and none was held.

Background and Purpose

    CONRAIL, who owns and operates both drawbridges, requested changes 
to the operating procedures for both their drawbridges across Darby 
Creek, mile 0.3, located in Essington, Pennsylvania. These changes 
allow the operation of the CONRAIL Railroad Bridge from a remote 
location for train crossings or

[[Page 6169]]

maintenance. Under this rule, the bridge/train controller at the Delair 
Railroad Bridge, in Delair, New Jersey, will operate the CONRAIL 
Railroad Bridge across Darby Creek. The Reading Railroad Bridge will be 
maintained in the open position for vessels at all times. The current 
operating schedule for the 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; and from October 16 through May 14, the draws 
shall open on signal if at least 24 hours notice is given. However, 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 this 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 will 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 will change from flashing green to flashing red any time the 
bridge is not in the full open position.
    This rule will make the closure process of the CONRAIL Railroad 
Bridge more efficient during train crossings and periodic maintenance, 
and will 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 final rule formalizes the current operation of the 
Reading Railroad Bridge.

Discussion of Comments and Changes

    The Coast Guard received two comments on the NPRM. The first 
comment favored the proposed changes in the operation of the CONRAIL 
Railroad Bridge.
    The second comment, from CONRAIL, noted that the off-site bridge/
train controller would stop the CONRAIL Railroad Bridge and return it 
to the open position in the event of lost communications or failure of 
the infrared sensors. The proposed rule, in paragraph (a)(7), stated 
that the bridge would ``automatically'' stop and return to the open 
position in each occurrence.
    The Coast Guard considers this change proposed by CONRAIL to be 
more reliable and efficient in the event of an emergency and the final 
rule was change to reflect this procedure.

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 Transportation 
(DOT)(44 FR 11040, February 26, 1979). We expect the economic impact of 
the final 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 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 May 15 through October 15. 
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.
    For the Reading Railroad Bridge, the final rule 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 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 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 from May 15 through 
October 15. The bridge will only close for the passage of trains and 
maintenance. From October 16 through May 14, the drawbridge shall open 
on signal if at least 24 hours notice is given.
    The Reading Railroad Bridge will have no impact since the bridge is 
maintained in the open position at all times for vessel passage.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 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 
businesses who would answer questions concerning proposed provisions or 
options for compliance.
    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).

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

[[Page 6170]]

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 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 does not create an 
environmental risk to health or risk to safety that may 
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 M16475.1D, this rule is categorically excluded from further 
environmental documentation. The final 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 for inspection or copying where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
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 off-site bridge/train controller will stop the bridge and return 
the bridge to the open position. In the event of loss of radio or 
telephone communications with the on-site crewmember, the off-site 
bridge/train controller will stop the bridge and the bridge 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 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 
change from flashing green to 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

[[Page 6171]]

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: January 29, 2002.
Thad W. Allen,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 02-3249 Filed 2-8-02; 8:45 am]
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