[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Rules and Regulations]
[Pages 21062-21064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8864]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-03-121]
RIN 1625-AA09


Drawbridge Operation Regulation: Mantua 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 Mantua 
Creek at mile 1.4, in Paulsboro, New Jersey. The final rule for the 
CONRAIL Railroad Bridge will increase vessel openings and eliminate 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 May 20, 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 CGD05-03-121 and are available for inspection or 
copying at Commander (obr), 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 November 25, 2003, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Mantua Creek, New 
Jersey'' in the Federal Register (68 FR 66062). We received two letters 
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 1.4 across Mantua Creek, in Paulsboro, New Jersey. Currently, 
33 CFR 117.729(a) requires the bridge to open on signal except, that 
from December 1 through March 1, the draw must open on signal at all 
times upon four hours notice.
    CONRAIL installed a new Programmable Logic Controller and 
associated mechanical, electrical and signal apparatus on the CONRAIL 
Railroad Bridge over Mantua Creek in Paulsboro, 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 through 
November, 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.

Discussion of Comments and Changes

    The Coast Guard received two comments on the NPRM. The first 
comment, from CONRAIL, noted that when the bridge is seated and locked 
down to vessels, the channel traffic lights will continue to flash red. 
The proposed rule, in paragraph (a) (1)(iv), stated that the channel 
traffic lights ``will extinguish''.
    The second comment, from New Jersey Department of Transportation 
(NJDOT), had expressed concerns that the method of signaling proposed 
by CONRAIL for the opening and closing of the span might cause boater 
confusion and reduce safety. The NJDOT operates the upstream Route 44 
Bridge at mile 2.7 across Mantua Creek in Paulsboro, and uses the 
standard signaling for drawbridges delineated in 33 CFR 117.15. NJDOT 
correctly indicated that, at 33 CFR 117.15(a)(4), the sound signal for 
a horn to acknowledge that the drawbridge is about to open for vessels 
is one prolonged blast followed by a short blast. The proposed rule, in 
paragraph (a)(1)(iv), stated the horn would sound, ``twice'' followed 
by ``five repeated blasts''.
    NJDOT also indicated that before closing a draw span to vessels, 33 
CFR 117.15(a)(5) requires the acknowledging signal as five short blasts 
of the horn in rapid succession. The proposed rule, in paragraph 
(a)(1)(v), stated that the horn would sound ``twice'' then ``two horn 
blasts''.
    The Coast Guard considers these changes proposed to be more 
reliable and the final rule was changed to reflect these procedures.

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

[[Page 21063]]

from March through November, 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. 0170.1; 33 CFR 1.05-1(g); Sec.  117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.


0
2. Amend Sec.  117.729 by revising paragraph (a) to read as follows:


Sec.  117.729  Mantua Creek.

    (a) The draw of the CONRAIL Railroad Bridge, mile 1.4 at Paulsboro, 
shall operate as follows:
    (1) From March through November, the draw shall be left in the open 
position to vessels 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, an on-site train 
crewmember will observe the waterway for approaching craft, which will 
be allowed to pass. An on-site train crewmember will then operate the 
bridge by radiophone. The bridge shall only be closed if an on-site 
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, an on-site 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 on-site train crewmember will stop the bridge and 
return the bridge to the open position.
    (iv) During closing of the span, the channel traffic lights will 
flash red, the horn will sound five short blasts, and an audio voice 
warning device will announce bridge movement, and the bridge will 
close. When the bridge is seated and locked down to vessels, the 
channel traffic lights will continue to flash red. When the rail 
traffic has cleared the swing span, the horn will sound one prolonged 
blast followed by one short blast to signal the draw of the CONRAIL 
Railroad Bridge is about to return to its full open position to 
vessels.
    (v) During open span movement, the channel traffic lights will 
flash red, the horn will sound one prolonged blast followed by one 
short blast, then a pause, and an audio voice warning will announce 
bridge movement until the bridge is in the full open position. In the 
full open position, the channel traffic lights will flash green.
    (2) From December to February, 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.
* * * * *


[[Page 21064]]


    Dated: April 13, 2004.
Sally Brice-O'Hara,
Rear Admiral, U. S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 04-8864 Filed 4-19-04; 8:45 am]
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