[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Rules and Regulations]
[Pages 18226-18227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08763]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0257]


Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the DELAIR Memorial Railroad Bridge 
across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This 
deviation will test the remote operation system of the drawbridge to 
determine whether the bridge can be safely operated from a remote 
location. This deviation 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.

DATES: This modified deviation is effective without actual notice from 
April 26, 2018 through 7:59 a.m. on October 16, 2018. For the purposes 
of enforcement, actual notice will be used from 8 a.m. on April 19, 
2018, until April 26, 2018. Comments and related material must reach 
the Coast Guard on or before August 17, 2018.

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 18227]]


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

SUPPLEMENTARY INFORMATION:

I. Background, Purpose and Legal Basis

    On April 12, 2017, we published a notification in the Federal 
Register entitled, ``Drawbridge Operation Regulation; Delaware River, 
Pennsauken Township, NJ'' announcing a temporary deviation from the 
regulations, with request for comments (see 82 FR 17562). The purpose 
of the deviation was to test the newly installed remote operation 
system of the DELAIR Memorial Railroad Bridge across the Delaware 
River, mile 104.6, at Pennsauken Township, NJ, owned and operated by 
Conrail Shared Assets. The installation of the remote operation system 
did not change the operational schedule of the bridge.\1\
---------------------------------------------------------------------------

    \1\ A full description of the remote operation system is 
outlined in the aforementioned publication, which can be found at 
http://regulations.gov. (See ADDRESSES for more information).
---------------------------------------------------------------------------

    On June 30, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Delaware River, 
Pennsauken Township, NJ'' (see 82 FR 29800). The original comment 
period closed on August 18, 2017.
    On October 18, 2017, we published a notification in the Federal 
Register entitled, ``Drawbridge Operation Regulation; Delaware River, 
Pennsauken Township, NJ'' announcing a second temporary deviation from 
the regulations, with request for comments (see 82 FR 48419). This 
temporary deviation commenced at 8 a.m. on October 21, 2017, and will 
conclude at 7:59 a.m. on April 19, 2018. This notification included a 
request for comments and related material to reach the Coast Guard on 
or before January 15, 2018.\2\
---------------------------------------------------------------------------

    \2\ Detailed information concerning this second test deviation 
is contained in the Background, Purpose and Legal Basis paragraphs 
of the aforementioned publication, which can be found at http://regulations.gov, (see ADDRESSES for more information).
---------------------------------------------------------------------------

    On December 6, 2017, we published a notice of proposed rulemaking; 
reopening of comment period; entitled ``Drawbridge Operation 
Regulation; Delaware River, Pennsauken Township, NJ'' in the Federal 
Register (see 82 FR 57561). This notification included a request for 
comments and related material to reach the Coast Guard on or before 
January 15, 2018.
    On January 22, 2018, we published a notification of temporary 
deviation from regulations; reopening comment period; entitled 
``Drawbridge Operation Regulation; Delaware River, Pennsauken Township, 
NJ'' in the Federal Register (see 83 FR 2909). This notification 
included a request for comments and related material to reach the Coast 
Guard on or before March 2, 2018.
    On February 15, 2018, we published a notice of proposed rulemaking; 
reopening comment period; entitled ``Drawbridge Operation Regulation; 
Delaware River, Pennsauken Township, NJ'' in the Federal Register (see 
83 FR 6821). This notification included a request for comments and 
related material to reach the Coast Guard on or before March 2, 2018.
    The Coast Guard has reviewed 25 comments posted to the docket, six 
reports with supporting documentation submitted by the bridge owner 
during the initial and second temporary deviations, and other 
information concerning the remote operation system of the DELAIR 
Memorial Railroad Bridge. Through this review, the Coast Guard has 
found that further testing and evaluation of the remote operation 
system of the drawbridge is necessary before making a decision on the 
proposed regulation. The Coast Guard has issued a third temporary 
deviation from 8 a.m. on April 19, 2018, through 7:59 a.m. on October 
16, 2018, to provide sufficient time for further testing and evaluation 
of the remote operation system of the DELAIR Memorial Railroad Bridge.
    During this temporary deviation, the following changes have been 
implemented: (1) The on-site bridge tender will be removed from the 
bridge, (2) qualified personnel will return and operate the bridge 
within 60 minutes if the remote operation system is considered in a 
failed condition,\3\ and (3) comments concerning the utility and value 
of the automated identification system (AIS) are requested. This 
deviation is authorized under 33 CFR 117.35.
---------------------------------------------------------------------------

    \3\ The conditions in which the remote operation system will be 
considered in a failed condition are detailed in the Supplementary 
Information: III. Discussion of Proposed Rule section of the Notice 
of Proposed Rulemaking (NPRM), which can be found at: http://regulations.gov, (see ADDRESSES for more information).
---------------------------------------------------------------------------

II. 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, visit http://www.regulations.gov/privacynotice.
    Documents mentioned in this notification as being available in this 
docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website'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.

    Dated: April 19, 2018.
Jerry R. Barnes,
Captain, U.S. Coast Guard, Fifth Coast Guard District.
[FR Doc. 2018-08763 Filed 4-25-18; 8:45 am]
 BILLING CODE 9110-04-P