[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Proposed Rules]
[Pages 44724-44727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18267]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0367]
RIN 1625-AA09


Drawbridge Operation Regulation; Darby Creek, Essington, PA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulation 
that governs the Conrail railroad bridge over Darby Creek in Essington, 
PA. The bridge owner, Conrail, is modifying the existing remote 
operating system which controls the bridge operations. Cameras will be 
installed and the remote operating site will move from its current 
location in Delair, NJ to Mt. Laurel, NJ. Train crews will no longer be 
required to stop and check the waterway for approaching vessel traffic 
prior to initiating a bridge closure, and mariners requesting an 
opening for the bridge will have to contact the new remote location.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 15, 2014.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0367 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mrs. Jessica Shea, Fifth Coast Guard District 
Bridge Administration Division, Coast Guard; telephone 757-398-6422, 
email [email protected]. If you have questions on viewing the 
docket, call Cheryl Collins, Program Manager,

[[Page 44725]]

Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR Code of Federal Regulations
Conrail Consolidated Rail Corporation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section Symbol
U.S.C. United States Code

A. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change to http://www.regulations.gov and will 
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2014-0367), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2014-0367 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0367) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain 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.

B. Basis and Purpose

    The bridge owner, Conrail, requested a change to 33 CFR Sec.  
117.903 due to their intent to modify the current sensor equipment on 
site at their bridge across Darby Creek and to relocate the remote 
operation station to a new location. The proposed regulation changes 
will change two aspects of the bridge operation. Specifically, the 
location of the remote operator and the installation of cameras to 
verify whether any vessels are transiting the waterway before a bridge 
closure is initiated. This proposed rule will not change the operating 
schedule of the bridge.
    The scope of the waterway inspection is different between the 
current on-site train crewmember inspection process and the range of 
the proposed camera installation. There is also a difference in the 
time it takes between the inspection and the initiation of the bridge 
closure operations. Currently the regulation requires an on-site train 
crewmember to conduct an inspection of the waterway for vessels by 
stopping the train approximately 200 feet north of the bridge site when 
approached from the north and 300 feet south of the bridge site when 
approached from the south. Once the train is stopped, the train 
crewmember walks to the bridge site and physically looks up and down 
the channel. The time it takes to stop the train, walk to the bridge, 
conduct the inspection, walk back to the train, and re-start the train 
takes 15-20 minutes. The proposed regulation allows the remote 
operating station to inspect the waterway with cameras without first 
stopping the train which permits a more efficient operating system.
    The closer the vessels are to the bridge, the more likely it is 
that the train crewmember will see them using the process required by 
the current regulation. Under the proposed regulations, the camera 
inspection of the waterway has the capability to zoom up and down 
stream allowing for easier detection of a smaller vessel approaching 
the bridge. After inspection of the waterway, using the cameras, the 
bridge closing operations would then occur from a remote location at 
the Mt. Laurel remote operating station.
    Currently, the bridge is in the open to navigation position between 
April 1 and October 31 and operated by the bridge controller at the 
remote operating station in Delair, NJ. The shift from the Delair, NJ 
to the Mt. Laurel, NJ operating station enables Conrail to consolidate 
its control of the train line and Darby Creek Bridge. By controlling 
the track as well as the bridge operating mechanism at the Mt. Laurel 
station, the remote operator has access to more information regarding 
the anticipated arrival time for when the trains will be at the bridge 
site. Information such as train speed and location directly contribute 
to when the bridge will need to be closed. The proposed shift of the 
remote operating location to the Mt. Laurel location may shorten the 
duration of the bridge closures due to the higher accuracy of 
information on train speed and anticipated arrival time at the bridge 
site.
    The average tidal range for Darby Creek is 5 feet. Currents run on 
average between 1-2 knots. The actual depth at the bridge ranges 
between 15 and 20 feet. Darby Creek is used by several recreational 
vessels during the summer boating season. There is no commercial vessel 
traffic on Darby Creek.
    From April 1 to October 31, the bridge is left in the open to 
navigation position and will only be lowered for the passage of train 
and maintenance. Train activity in this location requires the bridge to

[[Page 44726]]

close to navigation four times a day Monday thru Friday. On Saturday 
and Sunday, the bridge is used twice each day.
    From November 1 through March 31, the bridge is in the closed to 
navigation position but will open if 24 hours notice is given.

C. Discussion of Proposed Rule

    Under the proposed regulation, the responsibility to conduct a 
visual examination of the waterway to confirm whether or not any 
vessels are present will shift from the train crew to the Mt. Laurel 
remote operating station. The train crew will not be required to stop 
and check the waterway prior to the remote operating station closing or 
opening the bridge. A new requirement for the remote operating station 
is being proposed that mandates they use cameras to confirm whether any 
vessels are navigating Darby Creek prior to closing the bridge.
    From the controls at the Mt. Laurel remote operating station, the 
timeframe to initiate the bridge closure is not more than 15 minutes 
before a train will arrive at the bridge location. The system currently 
in place at the Delair remote operating system operates with a similar 
timeframe. At the Mt. Laurel remote operating station, the cameras will 
be used continuously during the bridge closure operations to monitor 
the waterway for the presence of vessels. The current system does not 
have the capability to continuously visually monitor the waterway.
    The bridge is currently being operated remotely. The location of 
the remote operation will move from its current site in Delair, NJ to 
Mt. Laurel, NJ. Under the proposed regulation, the bridge will continue 
to remain in the closed to navigation from November 1 through March 31. 
During this timeframe, the bridge will open if 24 hours notice is 
given. Shifting the remote operating location to Mt. Laurel also 
changes the phone number to request an opening to (856) 231-2282. This 
telephone number will be manned 24 hours a day throughout the year.
    Under the current regulation, the remote operating site monitors 
infrared sensors. These sensors will continue to be used as a means to 
detect vessel traffic. The sensor protocol will be amended to include 
the camera system as part of the equipment failure protocols. The 
protocol for actions in the event of a sensor failure or detection of 
an obstruction in the channel is not changed by the proposed 
regulation.
    The requirement for the owner to provide a vertical clearance gage 
for waters discharging into the Atlantic Ocean south of Delaware Bay is 
stated in 33 CFR Sec.  117.47. Since this requirement is already stated 
it is not necessary to restate it in 33 CFR Sec.  117.903(a)(1) and 
will be removed from that regulation. The Coast Guard will still 
require the bridge owner to maintain two board gages on the bridge such 
that they are plainly visible to the operators of vessels approaching 
the bridge either up or downstream, as described in 33 CFR Sec.  
118.160.
    The description of the flashing lights and sound signals which 
indicate bridge movement are not being changed by this regulation. The 
bridge will still use flashing green and red lights along with sounding 
the horn to notify waterway users that the bridge is changing position.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. The changes proposed by this 
NPRM impact the methods used to operate the drawbridge. There are no 
changes proposed to the drawbridge operating schedule.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. There 
are no changes proposed to the drawbridge operating schedule. Vessels 
that can safely transit under the bridge may do so at any time.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed rule. 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 the person listed in the FOR FURTHER INFORMATION 
CONTACT, above. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. 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).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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

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$100,000,000 (adjusted for inflation) or more in any one year. Though 
this proposed rule will not result in such an expenditure, we do 
discuss the effects of this proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions which do not individually or cumulatively have a 
significant effect on the human environment. This proposed rule 
promulgates the operating regulations or procedures for drawbridges. 
This rule is categorically excluded, under figure 2-1, paragraph 
(32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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 OPERATION REGULATIONS

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

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.903 paragraph(a) to read as follows:


Sec.  117.903  Broad Creek

    (a) The draw of the Conrail Railroad Bridge, mile 0.3, at 
Essington, will operate as follows:
    (1) 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.
    (2) From April 1 through October 31, 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.
    (3) The bridge will be operated remotely by the South Jersey Train 
Dispatcher located in Mt. Laurel, NJ.
    (4) The bridge will be equipped with cameras and channel sensors to 
visually and electronically ensure the waterway is clear before the 
bridge closes. The video will be located at the remote operating 
location in Mt. Laurel, NJ. The channel sensors will be a direct input 
to the bridge control system.
    (5) 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 video and navigational channel 
using channel sensors to ensure no conflict with maritime traffic 
exists. In the event of video failure the bridge will remain in the 
full open position. In the event of failure or obstruction of the 
infrared channel sensors, the bridge will automatically stop closing 
and the South Jersey Train Dispatcher will return the bridge to the 
open position.
    (6) When the draw cannot be operated from the remote site, a bridge 
tender must be called to operate the bridge in the traditional manner. 
Personnel shall be dispatched to arrive at the bridge as soon as 
possible, but not more than one hour after malfunction or disability of 
the remote system.
    (7) The Conrail Railroad channel traffic lights will change from 
flashing green to flashing red anytime the bridge is not in the full 
open position.
    (8) 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.
    (9) When the rail traffic has cleared, the off-site bridge and 
train controller at Mt. Laurel will sound the horn five times to signal 
the draw of the Conrail Railroad Bridge is about to return to its full 
open position.
    (10) During upward span movement, 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 channel 
traffic lights will then turn from flashing red to flashing green.
    (11) From November 1 through March 31, the draw shall open on 
signal if at least 24 hours notice is given by telephone at (856) 231-
2282. Operational information will be provided 24 hours a day by 
telephone at (856) 231-2282.
* * * * *

    Dated: July 17, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2014-18267 Filed 7-31-14; 8:45 am]
BILLING CODE 9110-04-P