[Federal Register Volume 68, Number 25 (Thursday, February 6, 2003)]
[Proposed Rules]
[Pages 6100-6103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2930]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-02-065]
RIN 2115-AE47


Drawbridge Operation Regulations; Raccoon Creek, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the Consolidated Rail Corporation (CONRAIL) Railroad 
Bridge across Raccoon Creek at mile 2.0, in Bridgeport, New Jersey. The 
proposed rule would increase openings and eliminate the need for a 
bridge tender by allowing the bridge to be operated by a train 
crewmember. This change will provide for the reasonable needs of 
navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before April 7, 2003.

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

[[Page 6101]]

comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CCGD5-02-
065), 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 this movable (swing-type) bridge, 
requested changes to the operating procedure for the drawbridge located 
at mile 2.0 across Raccoon Creek, in Bridgeport, New Jersey. Currently, 
Title 33 Code of Federal Regulations (CFR) Part 117.741 requires the 
bridge to open on signal from March 1 through November 30 from 7 a.m. 
to 11 p.m. At all other times, the draw must open on signal if at least 
four hours notice is given. The draw must open at all times as soon as 
possible for passage of a public vessel of the United States.
    In late September 2002, CONRAIL will be installing a new 
Programmable Logic Controller and associated mechanical, electrical and 
signal apparatus on the CONRAIL Railroad Bridge over Raccoon Creek in 
Bridgeport, New Jersey. The proposal would allow a radio-controlled 
system to operate the opening and closing of the swing span, which 
would be controlled from the cab of the locomotive. From March 1 
through November 30, 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 
the CONRAIL Railroad Bridge need only open on signal if at least four 
hours notice is given by calling (856) 231-2393.
    When a train approaches the bridge, it will stop and a train 
crewmember will observe the waterway for approaching craft, which will 
be allowed to pass. The train crewmember will then enter a prearranged 
code number using a radio keypad. The radio code will send a radio 
signal to the Programmable Logic Controller attached to the bridge, 
which will begin the process of closing the bridge. At that time, the 
bridge channel lights will change from flashing green to flashing red, 
a horn blast will sound four times, followed by a pause, then the four 
horn blasts will be repeated and the bridge will close. Once closed, 
the train will proceed across the bridge. After the train has cleared 
the swing span, which is approximately 300 feet from the bridge, the 
horn will automatically sound five times to indicate the span of the 
bridge is about to return to the full open position. Channel traffic 
lights would change from flashing green to flashing red any time the 
bridge is not in the full open position. In the full open position, the 
channel traffic lights will turn from flashing red to flashing green.
    This change is being requested to make the closure process of the 
CONRAIL Railroad Bridge be more efficient during train crossings and 
periodic maintenance and to save operational costs by eliminating 
bridge tenders while providing greater bridge operating capabilities.

Discussion of Proposed Rule

    The Coast Guard proposes to revise 33 CFR 117.741, which governs 
the Route 130 highway bridge, mile 1.8 and the CONRAIL Railroad bridge 
at mile 2.0, both across Raccoon Creek in Bridgeport, New Jersey. From 
March 1 through November 30 from 7 a.m. to 11 p.m., the draw of both 
bridges currently open on signal. At all other times, the draws shall 
open on signal if at least four hours notice is given. The draws shall 
open at all times as soon as possible for passage of a public vessel of 
the United States.
    The current paragraph would be divided into paragraphs (a) and (b). 
Paragraph (a) would contain the existing rule for the Route 130 highway 
bridge, mile 1.8, at Bridgeport and would state that the draw of shall 
open on signal from March 1 to November 30. At all other times, the 
draw shall open on signal if at least four hours notice is given.
    Paragraph (b) would contain the proposed rule for the CONRAIL 
Railroad Bridge, mile 2.0, at Bridgeport. The proposed rule would 
require the draw of the CONRAIL Railroad Bridge, mile 2.0, at 
Bridgeport, to be operated by a train crewmember. From March 1 through 
November 30, 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.
    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.
    When the CONRAIL Railroad Bridge closes for any reason, a train 
crewmember will assist in observing the waterway for approaching craft, 
which will be allowed to pass. The train crewmember will then operate 
the bridge by control radiophone.
    The CONRAIL Railroad Bridge would only be closed if the train 
crewmember's visual inspection shows that the channel is clear and 
there are no vessels transiting in the area.
    While the CONRAIL Railroad Bridge is moving from the full open 
position to the full closed position, the train crewmember will 
maintain constant surveillance of the navigation channel to ensure no 
conflict with maritime traffic exists. In the event of failure or 
obstruction, the train crewmember will stop and return to the full open 
position.
    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 span movement, the channel traffic lights 
would change from flashing green to flashing red, the horn will sound 
four times, followed by a pause, then the four blasts will be repeated 
and the bridge will close.
    When the rail traffic has cleared, the horn will automatically 
sound five times to indicate that the draw of the CONRAIL Railroad 
Bridge is about to return to its full open position. During the open 
span movement, the channel traffic lights would turn from flashing 
green to flashing red, the horn will sound four times, followed by a 
pause, then four repeat blasts of the horn until the bridge is in the 
full open position. In the full open position, the bridge channel 
traffic lights will 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).
    The surplus language currently stated in 33 CFR 117.741 would be 
removed to be consistent with the general operating regulations under 
33 CFR 117.31. The Coast Guard intends to delete the phrase ``the draws 
shall open on signal as soon as possible for passage of a public vessel 
of the United States.'' This requirement is currently published in 33 
CFR

[[Page 6102]]

117.31(a)(1) and is no longer required to be published in each specific 
bridge regulation.

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, l979).
    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 regulation 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 open after proper signal March 1 through November 30 from 7 
a.m. to 11 p.m. The proposed regulation will require the bridge to 
remain in the open position from March 1 through November 30, 
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.

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 for the following reasons. The 
proposed rule will provide for the CONRAIL Railroad Bridge to remain in 
the open position from March 1 through November 30, allowing the free 
flow of vessel traffic. The bridge would only close for the passage of 
trains and maintenance.
    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 (Pub. L. 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, 
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 effect 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.lD, this rule is

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categorically excluded from further environmental documentation. 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 OPERATIONS 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 117.741 is revised to read as follows:


Sec.  117.741  Raccoon Creek.

    (a) The draw of the Route 130 highway bridge, mile 1.8 at 
Bridgeport, shall open on signal:
    (1) March 1 through November 30, from 7 a.m. to 11 p.m.
    (2) At all other times, if at least four hours notice is given.
    (b) The draw of the CONRAIL Railroad Bridge, mile 2.0 at 
Bridgeport, shall operate as follows:
    (1) From March 1 through November 30, the draw shall be left in the 
open position at all times and will only be close 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, a train crewmember 
will observe the waterway for approaching craft, which will be allowed 
to pass. A train crewmember will then operate the bridge by radiophone. 
The bridge shall only be closed if a 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, a 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 train crewmember will stop the bridge and return the bridge to the 
open position.
    (iv) The CONRAIL Railroad channel traffic lights will change from 
flashing green to flashing red anytime the bridge is not in the full 
open position.
    (v) During closing of the span, the channel traffic lights will 
change from flashing green to flashing red, the horn will sound four 
times, followed by a pause, then the four blasts will be repeated and 
the bridge will close. When the rail traffic has cleared the swing 
span, the horn will automatically sound five times to signal the draw 
of the CONRAIL Railroad Bridge is about to return to its full open 
position.
    (vi) During open span movement, the channel traffic lights will be 
flashing red, the horn will sound four times, followed by a pause, then 
four blasts will be repeated 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.
    (2) At all other times, 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.

    Dated: January 28, 2003.
James D. Hull,
Vice Admiral, USCG, Commander, Fifth Coast Guard District.
[FR Doc. 03-2930 Filed 2-5-03; 8:45 am]
BILLING CODE 4910-15-P