[Federal Register Volume 69, Number 38 (Thursday, February 26, 2004)]
[Rules and Regulations]
[Pages 8813-8815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4207]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-03-096]
RIN 1625-AA09


Drawbridge Operation Regulations: Rahway River, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard has changed the drawbridge operation 
regulations that govern the Conrail Bridge, at mile 2.0, across the 
Rahway River at Linden, New Jersey. This change to the drawbridge 
operation regulations will allow the bridge to be operated from a 
remote location. This action is expected to allow the bridge owner to 
operate the bridge from a remote location while still providing for the 
reasonable needs of navigation.

DATES: This rule is effective March 29, 2004.

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 (CGD01-03-096) and are available for inspection or 
copying at the First Coast Guard District, Bridge Branch Office, One 
South Street, New York, New York, 10004, between 7 a.m. and 3 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Joe Arca, Project Officer, First 
Coast Guard District, (212) 668-7069.

SUPPLEMENTARY INFORMATION: 

Regulatory Information

    On October 14, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulations; Rahway River, New 
Jersey, in the Federal Register (68 FR 59143). We received one comment 
letter in response to the notice of proposed rulemaking. No public 
hearing was requested and none was held.

Background and Purpose

    The Conrail Bridge has a vertical clearance of 6 feet at mean high 
water and 11 feet at mean low water in the closed position.
    The existing drawbridge operation regulations listed at 33 CFR 
117.743, require the bridge to open on signal from April 1 through 
November 30, from 6 a.m. to 10 p.m. At all other times, the bridge 
shall open on signal if at least a four-hour notice is given.
    The Conrail Bridge across the Rahway River is navigated 
predominately by small recreational vessels April through November.
    The owner of the bridge, Consolidated Rail Corporation (Conrail), 
requested a change to the drawbridge operation regulations to allow the 
bridge to be operated from a remote location by a bridge/train 
dispatcher located at the Conrail Dispatch Office at Mount Laurel, New 
Jersey. The bridge will still operate the same; except, it will be done 
from a remote location. The on-scene bridge tender will be eliminated 
by this rulemaking.
    It is expected that this final rule will relieve the bridge owner 
of the burden of crewing the bridge at all times while still meeting 
the reasonable needs of navigation.

Discussion of Comments and Changes

    The Coast Guard received one comment letter in response to the 
notice of proposed rulemaking. The comment letter was in objection to 
the proposed rule change stating that not having a drawtender in 
attendance at the bridge would not allow for the timely discovery of 
any conditions that may cause the bridge to become inoperative.
    The bridge owner is required under 33 CFR 117.7 to keep the bridge 
in good operable condition at all times and to test the bridge 
operation at sufficient intervals to assure satisfactory operation. The 
Coast Guard believes that it is not necessary to keep the bridge crewed 
at all times and that the bridge owner's preventative maintenance 
schedule is sufficient to assure reliable operation of the bridge. As a 
result of the above, no changes have been made to this 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).
    This conclusion is based on the fact that the bridge will continue 
to open for vessel traffic at all times, except for the passage of rail 
traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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 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 conclusion is based on the fact that the bridge will continue 
to open for vessel traffic at all times, except for the passage of rail 
traffic.

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.
    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).

[[Page 8814]]

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 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 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 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 concern an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This final rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have 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 analyzed this final rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction, from further 
environmental documentation. It has been determined that this final 
rule does not significantly impact the environment.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons set out 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); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Section 117.743 is revised to read as follows:


Sec.  117.743  Rahway River.

    The draw of the Conrail Bridge, mile 2.0, across the Rahway River, 
at Linden, New Jersey, shall operate as follows:
    (a) The draw shall remain in the full open position at all times, 
and shall only be closed for the passage of rail traffic or the 
performance of maintenance authorized in accordance with subpart A of 
this part.
    (b) The draw shall be remotely operated by a bridge/train 
dispatcher located at the Conrail Dispatch Office at Mount Laurel, New 
Jersey.
    (c) A marine traffic light system shall be maintained at the bridge 
and display flashing green lights to indicate that vessels may pass 
through the bridge, and flashing red lights anytime the bridge is not 
in the full open position.
    (d) An infrared sensor system shall be maintained at the bridge to 
determine that no conflict with vessel traffic exists while the bridge 
is closing.
    (e) Before the bridge may be closed from the remote location, an 
on-site train crewmember shall observe the waterway for any vessel 
traffic. All approaching vessels shall be allowed to pass before the 
bridge may close. The on-scene train crewmember shall then communicate 
with the bridge/train dispatcher at the Conrail Dispatch Office, at 
Mount Laurel, either by radio or telephone, to request that the bridge 
be closed.
    (f) While the bridge is moving from the full open to full closed 
position, the bridge/train dispatcher shall maintain constant 
surveillance of the navigational channel at the bridge using the 
infrared sensor system.
    (g) If the infrared sensors detect a vessel or other obstruction 
approaching or under the bridge before the draw is fully lowered and 
locked, the closing sequence shall be stopped, automatically, and the 
draw shall be raised to its full open position until the channel is 
clear.
    (h) During the downward bridge closing movement, the marine traffic 
light system located at the bridge will change from flashing green to 
flashing red, the public address system shall announce that the bridge 
shall be closing, and the horn shall sound two times, pause 10 seconds, 
then repeat two horn blasts until the bridge is seated and fully locked 
down.
    (i) When all rail traffic has cleared the bridge, the bridge/train 
dispatcher shall sound the horn five-times to signal that the draw is 
about to open.
    (j) In the event of a failure, or obstruction to the infrared 
sensor system, the bridge shall immediately be returned to the full 
open position until the problem is corrected.
    (k) In the event of a loss of communication between the on-site 
personnel and the bridge/train dispatcher, the bridge shall immediately 
be returned to the full open position until the problem is corrected.
    (l) Should the draw become inoperable from the remote site while

[[Page 8815]]

the bridge is in the closed position, a bridge tender, maintenance 
personnel, or engineer shall be deployed to be on scene within one hour 
from the time the draw becomes inoperable until the bridge can be 
returned to the full open position.
    (m) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes after a train has crossed the bridge; 
except, as provided in 33 CFR 117.31(b). However, if a train moving 
toward the bridge has crossed the home signal for the bridge, the train 
may continue across the bridge and must clear the bridge interlocks 
before stopping.

    Dated: February 13, 2004.
J.L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-4207 Filed 2-25-04; 8:45 am]
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