[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Proposed Rules]
[Pages 29800-29804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13857]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0257]
RIN 1625-AA09


Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the operating regulation 
that governs the DELAIR Memorial Railroad Bridge across the Delaware 
River, mile 104.6, at Pennsauken Township, NJ. This proposed regulation 
will allow the bridge to be remotely operated from the Conrail South 
Jersey dispatch center in Mount Laurel, NJ, instead of being operated 
by an on-site bridge tender. This regulation will not change the 
operating schedule of the bridge.

DATES: Comments and related material must reach the Coast Guard on or 
before August 18, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0257 using Federal eRulemaking Portal at http://www.regulations.gov.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

[[Page 29801]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); 
telephone (757) 398-6222, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose and Legal Basis

    The DELAIR Memorial Railroad Bridge across the Delaware River, mile 
104.6, at Pennsauken Township, NJ, owned and operated by Conrail Shared 
Assets, has a vertical clearance of 49 feet above mean high water in 
the closed-to-navigation position. There is a daily average of 28 New 
Jersey Transit trains and eight Conrail freight trains that cross the 
bridge and a daily average of three bridge openings that allow one or 
more vessels to transit through the bridge during each opening. The 
bridge is normally maintained in the closed position due to the average 
daily number of trains crossing the bridge. The operating schedule is 
published in 33 CFR 117.716. This current operating schedule has been 
in effect since 1984 and will not change with the implementation of 
remote operation of the bridge. However, within this proposed operating 
schedule, Sec.  117.716 will be restructured from its current 
configuration to clearly distinguish the remote operation of the DELAIR 
Memorial Railroad Bridge. This proposed operating regulation allows the 
bridge to be operated remotely from the bridge owner's South Jersey 
dispatch center in Mount Laurel, NJ.
    The Delaware River is used by a variety of vessels, including deep 
draft commercial vessels, tug and barge traffic, recreational vessels, 
and public vessels, including military vessels of various sizes. The 
three-year average number of bridge openings and maximum number of 
bridge openings by month and overall for 2013 through 2015, as drawn 
from the data contained in the bridge tender logs, is presented below.

------------------------------------------------------------------------
                                              Average         Maximum
                  Month                      openings        openings
------------------------------------------------------------------------
January.................................              73              88
February................................              54              56
March...................................              80              94
April...................................              55              68
May.....................................              60              67
June....................................              60              71
July....................................             122             162
August..................................             112             138
September...............................             143             201
October.................................             109             117
November................................             100             116
December................................             100             122
Monthly.................................              89             201
Daily...................................               3               7
------------------------------------------------------------------------

    The bridge owner and the maritime community have been working 
together since 2013 in an effort to incorporate sensors and other 
technologies into the bridge and the Conrail South Jersey dispatch 
center to allow for the safe and effective remote operation of the 
bridge.
    On April 12, 2017, the Coast Guard published a temporary deviation 
entitled ``Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ'' in the Federal Register (82 FR 17561). This test 
deviation allows the bridge to be operated remotely from the bridge 
owner's South Jersey dispatch center in Mount Laurel, NJ. This test 
deviation is effective from 8 a.m. on April 24, 2017, to 7:59 a.m. on 
October 21, 2017.

III. Discussion of Proposed Rule

    This proposed operating regulation will allow the bridge to be 
operated remotely from the bridge owner's South Jersey dispatch center 
in Mount Laurel, NJ. The remote operation system will include eight 
camera views (four marine and four rail), two forward-looking infrared 
equipped camera views (marine), marine radar, a dedicated telephone 
line for bridge operations, radio telephone on VHF-FM channels 13 and 
16, and an automated identification system (AIS) transmitter to provide 
bridge status. The AIS transmitter has been installed on the New Jersey 
side of the bridge at the bridge and land intersection in approximate 
position 39[deg]58'50.52'' N. (39.9807), 75[deg]03'58.75'' W. (-
75.06632). The AIS transmitter is assigned maritime mobile service 
identity (MMSI) number 993663001 and will provide the status of the 
bridge (open/closed/inoperative) via the name transmitted by the 
private aids to navigation as DELAIR BRG-OPEN (fully open and locked 
position, channel light green), DELAIR BRG-CLOSED (other than fully 
open, not inoperative), or DELAIR BRG-INOP (other than fully open, 
inoperative). The AIS transmitter will transmit the bridge status every 
two minutes and upon a change in the bridge status.
    The remote operation system is designed to provide equal or greater 
capabilities compared to the on-site bridge tender in visibility of the 
waterway and bridge and in signals (communications) via sound and 
visual signals and radio telephone (voice) via VHF-FM channels 13 and 
16. The remote operation system also incorporates real-time bridge 
status via AIS signal to aid mariners in voyage planning and 
navigational decision-making, a dedicated telephone line (856) 231-2301 
for bridge operations, and push-to-talk (PTT) capability on VHF-FM 
channel 13.
    The signals for the remote operation center or on-site bridge 
tender to respond to a sound signal for a bridge opening will include: 
(1) When the draw can be opened immediately--a sound signal of one 
prolonged blast followed by one short blast and illumination of a fixed 
white light not more than 30 seconds after the requesting signal, and 
(2) when the draw cannot be opened immediately--five short blasts 
sounded in rapid succession and illumination of a fixed red light not 
more 30 seconds after the vessel's opening signal. The signals for the 
remote operation center or on-site

[[Page 29802]]

bridge tender to respond to a visual signal for a bridge opening will 
include: (1) When the draw can be opened immediately--illumination of a 
fixed white light not more than 30 seconds after the requesting signal, 
and (2) when the draw cannot be opened immediately--illumination of a 
fixed red light not more than 30 seconds after the vessel's opening 
signal. The fixed white light will remain illuminated until the bridge 
reaches the fully open position. The fixed white and red lights will be 
positioned on the east (New Jersey) bridge abutment adjacent to the 
navigation span.
    Vessels that require an opening shall continue to request an 
opening via the methods defined in 33 CFR 117.15(b) through (d) (sound 
or visual signals or radio telephone (VHF-FM) voice communications), 
via telephone at (856) 231-2301, or via push-to-talk (PTT) on VHF-FM 
channel 13. Vessels may push the PTT button five times while on VHF-FM 
channel 13 to request an opening.
    The remote operation system will be considered in a failed 
condition and qualified personnel will return and operate the bridge 
within 60 minutes if any of the following conditions are found: (1) The 
remote operation system becomes incapable of safely and effectively 
operating the bridge from the remote operation center, (2) visibility 
of the waterway or bridge is degraded to less than equal that of an on-
site bridge tender (all eight camera views are required), (3) signals 
(communications) via sound or visual signals or radio telephone (voice) 
via VHF-FM channels 13 or 16 become inoperative, or (4) AIS becomes 
inoperative.

IV. 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 and Executive Orders, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This NPRM has not been 
designated a ``significant regulatory action'' under Executive Order 
12866. Accordingly, the NPRM has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    The determination that this NPRM is not a significant regulatory 
action is based on the findings that: (1) Vessels will continue to 
transit the bridge in accordance with 33 CFR 117.716, (2) the remote 
operation system is designed to provide equal or greater capabilities 
compared to the on-site bridge tender, and (3) the bridge owner will be 
capable of restoring on-site operation of the bridge within 60 minutes 
if the remote operation system fails.

B. 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. There are no known adverse 
impacts to any entities related to this proposed rule, given no aspects 
of the remote operating system for the bridge will create any burdens 
on any entity as described in section IV.A above. The incorporation of 
the automated identification system (AIS) capability into the remote 
operation system is expected to aid mariners who have AIS capability or 
access to computer-based AIS data in safely navigating through the 
bridge by providing real-time bridge status.
    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.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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 
section 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.

C. 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.).

D. Federalism and Indian Tribal Government

    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 is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (Act) (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.

F. 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

[[Page 29803]]

actions which do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule simply promulgates 
the operating regulations or procedures for drawbridges. Normally, such 
actions are categorically excluded from further review under figure 2-
1, paragraph (32)(e), of the Instruction.
    A preliminary Record of Environmental Consideration and a 
Memorandum for the Record 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.

G. 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 
their message can be received without jeopardizing the safety or 
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this notice of proposed rulemaking and all 
public comments are in our online docket at http://www.regulations.gov 
and can be viewed by following that Web site's instructions. 
Additionally, if you go to the online docket and sign up for email 
alerts, you will be notified when comments are posted or a final rule 
is published.

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; and Department of 
Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  117.716 to read as follows:


Sec. 117.716  Delaware River.

    (a) The following apply to all drawbridges across the Delaware 
River:
    (1) The draws of railroad bridges need not be opened when there is 
a train in the bridge block approaching the bridge with the intention 
of crossing or within five minutes of the known time of the passage of 
a scheduled passenger train.
    (2) The opening of a bridge may not be delayed more than five 
minutes for a highway bridge or 10 minutes for a railroad bridge after 
the signal to open is given.
    (3) The owners of drawbridges shall provide and keep in good 
legible condition two board gages painted white with black figures not 
less than six inches high to indicate the vertical clearance under the 
closed draw at all stages of the tide. The gages shall be so placed on 
the bridge that they are plainly visible to operators of vessels 
approaching the bridge either up or downstream.
    (b) The draw of the Conrail Memorial Railroad Bridge, mile 104.6, 
at Pennsauken Township, NJ shall be operated as follows:
    (1) The bridge will be remotely operated from the Conrail South 
Jersey dispatch center in Mount Laurel, NJ unless the remote operation 
system is in a failed condition.
    (2) An AIS transmitter has been installed on the New Jersey side of 
the bridge at the bridge and land intersection in approximate position 
39[deg]58'50.52'' N. (39.9807), 75[deg]03'58.75'' (-75.06632). The AIS 
transmitter is assigned maritime mobile service identity (MMSI) number 
993663001. The status of the bridge (open/closed/inoperative) will be 
provided via the name transmitted by the AIS private aids to navigation 
as DELAIR BRG-OPEN (fully open and locked position, channel light 
green), DELAIR BRG-CLOSED (other than fully open, not inoperative), or 
DELAIR BRG-INOP (other than fully open, inoperative). The AIS 
transmitter will transmit the bridge status every two minutes and upon 
a change in the bridge status.
    (3) The remote operation system will be considered in a failed 
condition and qualified personnel will return and operate the bridge 
within 60 minutes if any of the following conditions are found:
    (i) The remote operation system becomes incapable of safely and 
effectively operating the bridge from the remote operation center; or
    (ii) Visibility of the waterway or bridge is degraded to less than 
equal that of an on-site bridge tender; or
    (iii) Signals (communications) via sound or visual signals or radio 
telephone (voice) via VHF-FM channels 13 or 16 become inoperative; or
    (iv) AIS becomes inoperative.
    (4) Vessels that require an opening shall continue to request an 
opening via the methods defined in Sec.  117.15(b) through (d) (sound 
or visual signals or radio telephone (VHF-FM) voice communications), 
via telephone at (856) 231-2301, or via push-to-talk (PTT) on VHF-FM 
channel 13. Vessels may push the PTT button five times while on VHF-FM 
channel 13 to request an opening.
    (5) The signals for the remote operation center or on-site bridge 
tender to respond to a sound signal for a bridge opening include:
    (i) When the draw can be opened immediately--a sound signal of one 
prolonged blast followed by one short blast and illumination of a fixed 
white light not more than 30 seconds after the requesting signal; or
    (ii) When the draw cannot be opened immediately--five short blasts 
sounded in rapid succession and illumination of a fixed red light not 
more 30 seconds after the vessel's opening signal.
    (6) The signals for the remote operation center or on-site bridge 
tender to respond to a visual signal for a bridge opening include:
    (i) When the draw can be opened immediately--illumination of a 
fixed white light not more than 30 seconds after the requesting signal; 
or
    (ii) When the draw cannot be opened immediately--illumination of a 
fixed red light not more 30 seconds after the vessel's opening signal.
    (7) The fixed white light will remain illuminated until the bridge 
reaches the fully open position. The fixed white and red lights will be 
positioned on the east (New Jersey) bridge abutment adjacent to the 
navigation span.


[[Page 29804]]


    Dated: June 19, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2017-13857 Filed 6-29-17; 8:45 am]
 BILLING CODE 9110-04-P