[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Proposed Rules]
[Pages 19659-19660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09531]


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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; reopening comment period.

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SUMMARY: The Coast Guard is reopening the comment period to solicit 
additional comments concerning the notice of proposed rulemaking 
(NPRM), which published on June 30, 2017. Reopening the comment period 
will allow the public to provide input on the proposed change to the 
regulation governing the DELAIR Memorial Railroad Bridge across the 
Delaware River, mile 104.6, at Pennsauken Township, NJ.

DATES: The comment period for the proposed rule published June 30, 
2017, at 82 FR 29800, is reopened. 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.

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. Background and Purpose

    On June 30, 2017, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Delaware River, 
Pennsauken Township, NJ'' in the Federal Register (82 FR 29800). The 
original comment period closed on August 18, 2017. The NPRM proposed 
changes to the regulation governing the DELAIR Memorial Railroad Bridge 
across the Delaware River, mile 104.6, at Pennsauken Township, and 
contained useful background and analysis related to the proposed 
changes. The installation of the remote operation system did not change 
the operational schedule of the bridge.\1\ The public is encouraged to 
review the NPRM.
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    \1\ A full description of the remote operational system is 
outlined in the aforementioned publication, which can be found at 
http://regulations.gov. (see ADDRESSES for more information).
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    On April 12, 2017, we published a temporary deviation entitled 
``Drawbridge Operation Regulation; Delaware River, Pennsauken Township, 
NJ'' in the Federal Register (82 FR 17561). During the initial test 
deviation performed from 8 a.m. on April 24, 2017, through 7:59 a.m. on 
October 21, 2017, the bridge owner identified deficiencies in the 
remote operation center procedures, bridge to vessel communications, 
and equipment redundancy.
    The bridge owner implemented policies and provided training to 
address the procedural and communications deficiencies, and implemented 
backup systems to mitigate potential equipment and systems failures. 
These changes were not fully evaluated during the temporary deviation 
ending October 21, 2017. Therefore, the Coast Guard decided to issue a 
second temporary deviation (``Drawbridge Operation Regulation; Delaware 
River, Pennsauken Township, NJ'' in the Federal Register (82 FR 48419), 
to complete the evaluation of the changes incorporated into the remote 
operation system.
    On December 6, 2017, we published a notice of proposed rulemaking; 
reopening of comment period (NPRM); entitled ``Drawbridge Operation 
Regulation; Delaware River, Pennsauken Township, NJ'' in the Federal 
Register (82 FR 57561). This notice 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 notice of temporary deviation; 
reopening of comment period; entitled ``Drawbridge Operation 
Regulation; Delaware River, Pennsauken Township, NJ'' in the Federal 
Register (83 FR 2909). This notice 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 notice 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 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,\2\ and

[[Page 19660]]

(3) comments concerning the utility and value of the automated 
identification system (AIS) are requested.
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    \2\ 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).
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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 NPRM as being available in this docket, 
as well as 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.

M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2018-09531 Filed 5-3-18; 8:45 am]
 BILLING CODE 9110-04-P