[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Rules and Regulations]
[Pages 27460-27462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12491]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-02-065]
RIN 1625-AA09


Drawbridge Operation Regulation; Raccoon Creek, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulations for the 
Consolidated Rail Corporation (CONRAIL) Railroad Bridge across Raccoon 
Creek at mile 2.0, in Bridgeport, New Jersey. This final rule for the 
CONRAIL Railroad Bridge eliminates the need for a bridge tender by 
allowing the bridge to be operated by a train crewmember. The final 
rule will provide for the reasonable needs of navigation.

DATES: This rule is effective June 19, 2003.

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 CGD05-02-065 and are available for inspection or 
copying at Commander (oan), 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: Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On February 6, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Raccoon Creek, New 
Jersey'' in the Federal Register (68 FR 6100). We received one letter 
commenting on the proposed rule. No public hearing was requested nor 
held.

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 also open at all times as 
soon as possible for passage of a public vessel of the United States.
    CONRAIL installed a new Programmable Logic Controller and 
associated mechanical, electrical and signal apparatus on the CONRAIL 
Railroad Bridge over Raccoon Creek in Bridgeport, New Jersey. This rule 
allows a radio-controlled system to operate the opening and closing of 
the swing span 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 of the CONRAIL 
Railroad Bridge need only open on signal if at least four hours notice 
is given by calling (856) 231-2393.
    Under this rule, 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 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 
providing greater bridge operating capabilities.

Discussion of Comments and Change

    The Coast Guard received one comment on the NPRM. The comment 
offered by the U.S. Fish and Wildlife Service (Service) indicated that 
the federally listed (threatened) bald eagle currently nests within 1.6 
miles of the CONRAIL Railroad Bridge. The Service

[[Page 27461]]

states that bald eagles from the nearby nest site may occasionally 
forage or roost in the vicinity of the bridge. Based on the current 
available information, the Service does not anticipate adverse impacts 
to the bald eagle and does not object to the proposed changes in the 
operation of the CONRAIL Railroad Bridge. Therefore, no changes were 
made to the final rule.

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 Homeland 
Security (DHS).
    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 March 1 through November 30. 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.

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 for the following reasons. The 
final 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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 
entities who could answer questions concerning proposed provisions or 
option for compliance.

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 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 an 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 would not create an 
environmental risk to health or risk to safety that might 
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.lD, this rule is categorically excluded from further 
environmental documentation. The final rule only involves the operation 
of an existing drawbridge 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.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170; 33 CFR 1.05-1(g); Sec.  117.255 also issued 
under the authority of P.L. 102-587, 106 Stat. 5039.


0
2. Sec.  117.741 is revised to read as follows:

[[Page 27462]]

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 closed 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: April 29, 2003.
Sally Brice O'Hara,
Rear Admiral, Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-12491 Filed 5-19-03; 8:45 am]
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