[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Proposed Rules]
[Pages 78365-78369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30451]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0807]
RIN 1625-AA09


Drawbridge Operation Regulation; Mantua Creek, Paulsboro, NJ

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

[[Page 78366]]

Mantua Creek at mile marker 1.4 in Paulsboro, NJ. The bridge owner, 
Conrail, is modifying the operating system which controls the bridge 
operations. Cameras will be installed and the bridge will be remotely 
operated from Mt. Laurel, NJ. Train crew will no longer be required to 
stop and check the waterway for approaching vessel traffic prior to 
initiating a bridge closure or be responsible to operate the bridge 
closure equipment located at the bridge site.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 13, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0807 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 rule, 
call or email Mrs. Kashanda Booker, Fifth Coast Guard District Bridge 
Administration Division, Coast Guard; telephone 757-398-6227, email 
[email protected]. If you have questions on viewing the 
docket, call Cheryl Collins, Program Manager, 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-2014-0807), 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-2014-0807 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-2014-0807) 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.  
117.729 (a) due to the replacement of the existing bridge structure. 
Conrail also requested to modify the operating regulations due to their 
intent to install sensor equipment as part of the reconstruction 
efforts for their bridge across Mantua Creek.
    The original structure for the bridge at mile marker 1.4 across 
Mantua Creek was an A-Frame swing bridge with unlimited vertical 
clearance in the open position. This swing bridge is being replaced by 
a vertical lift bridge with a 25-foot vertical clearance in the open 
position. The horizontal clearance for the swing bridge was 32 feet. 
The vertical lift bridge will have a horizontal clearance of 44 feet. 
Conrail proposed to install equipment to support remote operation of 
the bridge.
    The proposed regulations will change three aspects of the bridge 
operation. Specifically, the proposed regulations would enable (1) 
remote operation of the bridge, (2) installation of cameras and 
infrared sensors to verify whether any vessels are transiting the 
waterway before a bridge closure is initiated, and (3) alter the 
requirement for signals to be used during drawbridge movement 
operations. 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

[[Page 78367]]

for vessels by stopping the train approximately 150 feet north of the 
bridge site when approached from the north or 150 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 5-10 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 required to be in the open to navigation 
position between March through November and is designed to be operated 
by the train crew. Under the proposed regulations Conrail proposes to 
operate the Mantua Creek Bridge at mile 1.4 from a remote location, the 
Conrail Mt. Laurel, NJ remote operating station, at all times. A draw 
tender may be stationed at the bridge at various times when it is 
deemed necessary for safety purposes such as during times when bridge 
maintenance is being performed.
    Conrail operates other bridges at the Mt. Laurel, NJ remote 
operating station. The change from on-site control of the bridge to the 
Mt. Laurel, NJ operating station enables Conrail to consolidate its 
control of the train line and Mantua 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 change to a 
remote operating station 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 depth of Mantua Creek at the bridge is 22 feet. The diurnal 
tidal range is 6 feet. Mantua Creek is used by several recreational 
vessels during the summer boating season. There is no commercial vessel 
traffic on Mantua Creek.
    From March through November, the bridge is 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 
close to navigation up to eight times a day Monday thru Friday. On 
Saturday and Sunday, the bridge is closed up to six times each day.
    From December through the end of February, the bridge is in the 
closed to navigation position but will open if 4 hours notice is given.
    Conrail also proposes to specify the dates when the bridge will be 
left in the open to navigation position, March 1 through November 30 
and left in the closed to navigation position from December 1 through 
the last day of February. This represents a clarification of the 
existing regulatory language, and not a substantive change to the 
existing bridge schedule.

C. Discussion of Proposed Rule

    Under the proposed regulation, the responsibility to operate the 
drawbridge is being removed from the train crew and being transferred 
to the remote operating station located in Mt. Laurel, NJ. The 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 uses cameras and sensors to confirm whether any 
vessels are navigating Mantua Creek near the CONRAIL bridge 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. At the Mt. Laurel 
remote operating station, the cameras and sensors will be used 
continuously during the bridge closure operations to monitor the 
waterway for the presence of vessels.
    With the limit of 25 feet of vertical clearance in the open 
position, the movement of the bridge impacts vessels transiting the 
waterway. Signals alerting any vessels on Mantua Creek about this 
movement are being modified to reflect the operating process of a new 
vertical lift bridge instead of the removed swing bridge. The bridge 
will use flashing red lights along with sounding the horn to notify 
waterway users that the bridge is changing position. The current 
regulation requires a flashing red light, one prolonged blast, one 
short blast, and an audio voice announcement to indicate the bridge is 
opening. The proposed regulation states that the light will change from 
fixed green to flashing red any time the bridge is not in the full open 
position. Prior to bridge movement, there will be two prolonged blasts 
followed by two short blasts. The proposed regulation removes the audio 
voice announcement.

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. The 
vertical clearance of 25 feet is consistent with other approved bridges 
on Mantua Creek.
    If you think that your business, organization, or governmental

[[Page 78368]]

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 $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.  117.729 (a) to read as follows:


Sec.  117.729  Mantua Creek.

    (a) The draw of the Conrail automated railroad bridge, mile 1.4, at 
Paulsboro, NJ shall operate as follows:
    (1) The bridge will be operated remotely by the South Jersey Train 
Dispatcher located in Mt. Laurel, NJ. Operational information will be 
provided 24 hours a day by telephone at (856) 231-2282.
    (2) From March 1 through November 30, the draw shall be left in the 
open position 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) From December 1 through the last day of February, the draw will 
open on signal if at least 4 hours notice is given by telephone at 
(856) 231-2282.
    (4) The timeframe to initiate the bridge closure will be not more 
than 15 minutes before a train will arrive at the bridge location. 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 prior to stopping for any reason. 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).
    (5) The bridge will be equipped with cameras and channel sensors to 
visually

[[Page 78369]]

and electronically ensure the waterway is clear before the bridge 
closes. The video and sensors are located and monitored at the remote 
operating location in Mt. Laurel, NJ. The channel sensors signal will 
be a direct input to the bridge control system. 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. In the event of video failure 
the bridge will remain in the full open position.
    (6) The Conrail Railroad center span light will change from fixed 
green to flashing red anytime the bridge is not in the full open 
position.
    (7) Prior to downward movement of the span, the horn will sound two 
prolonged blasts, followed by a pause, and then two short blasts until 
the bridge is seated and locked down. At the time of movement, the 
center span light will change from fixed green to flashing red and 
remain flashing until the bridge has returned to its full open 
position.
    (8) When the train controller at Mt. Laurel has verified that rail 
traffic has cleared, they will sound the horn five times to signal the 
draw is about to return to its full open position.
    (9) During upward movement of the span, the horn will sound two 
prolonged blasts, followed by a pause, and then sound two short blasts 
until the bridge is in the full open position. The center span light 
will continue to flash red until the bridge is in the fully open 
position.
    (10) 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.
* * * * *

    Dated: December 11, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2014-30451 Filed 12-29-14; 8:45 am]
BILLING CODE 9110-04-P