[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Rules and Regulations]
[Pages 52319-52320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22692]


=======================================================================
-----------------------------------------------------------------------

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 regulation.

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

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 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 deviation is effective without actual notice from October 
17, 2018 through 7:59 a.m. on December 15, 2018. For the purposes of 
enforcement, actual notice will be used from 8 a.m. on October 16, 
2018, until October 17, 2018.

ADDRESSES: The docket for this deviation, USCG-2016-0257 is available 
at http://www.regulations.gov. Type the docket number in the ``SEARCH'' 
box and click ``SEARCH''. Click on Open Docket Folder on the line 
associated with this deviation.

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 notice 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). This temporary deviation 
commenced at 8 a.m. on April 24, 2017, and concluded at 7:59 a.m. on 
October 21, 2017. 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.
    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). 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 proposed regulation will not change 
the operating schedule of the bridge. The original comment period 
closed on August 18, 2017.
    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. Comments 
concerning these deficiencies were submitted to the docket and provided 
to the Coast Guard and bridge owner by representatives from the 
Mariners' Advisory Committee for the Bay and River Delaware.
    On October 18, 2017, we published a notice 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 
concluded at 7:59 a.m. on April 19, 2018. This notice included a 
request for comments and related material to reach the Coast Guard on 
or before January 15, 2018.
    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

[[Page 52320]]

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 
from regulations; reopening comment period; entitled ``Drawbridge 
Operation Regulation; Delaware River, Pennsauken Township, NJ'' in the 
Federal Register (see 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 reviewed 26 comments posted to the docket and six 
reports with supporting documentation submitted by the bridge owner 
during the initial and second temporary deviations 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 was necessary before 
making a decision on the proposed regulation.
    On April 26, 2018, we published a notice in the Federal Register 
entitled, ``Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ'' announcing a third temporary deviation from the 
regulations, with request for comments (see 83 FR 18226). This 
temporary deviation commenced at 8 a.m. on April 19, 2018, and is 
scheduled to conclude at 7:59 a.m. on October 16, 2018. This notice 
included a request for comments and related material to reach the Coast 
Guard on or before August 17, 2018.
    On May 4, 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 19659). This notice included a request for comments and related 
material to reach the Coast Guard on or before August 17, 2018.
    During the third temporary deviation, the following changes were 
implemented: (1) The on-site bridge tender was removed from the bridge, 
(2) qualified personnel would return and operate the bridge within 60 
minutes if the remote operation system is considered in a failed 
condition, and (3) comments concerning the utility and value of the 
automated identification system (AIS) were requested.
    The Coast Guard received no comments posted to the docket during 
the third temporary deviation; however, the Coast Guard did receive two 
reports with supporting documentation submitted by the bridge owner. 
The Coast Guard is conducting an evaluation of the proposed rulemaking 
and has decided to publish a temporary deviation to allow the DELAIR 
Memorial Railroad Bridge across the Delaware River, mile 104.6, at 
Pennsauken Township, NJ, to continue 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, to allow sufficient time 
for the evaluation to be completed. The operating schedule published in 
33 CFR 117.716 will not change with the remote operation of the bridge.

II. Temporary Deviation From Regulations

    The operating schedule is published in 33 CFR 117.716. Under this 
temporary deviation, the bridge will be remotely operated from the 
Conrail South Jersey dispatch center in Mount Laurel, NJ, instead of 
being operated by an on-site bridge tender.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating methods immediately at the end of the effective 
period of this temporary deviation. This deviation from the operating 
regulations is authorized under 33 CFR 117.35.

    Dated: October 12, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-22692 Filed 10-16-18; 8:45 am]
 BILLING CODE 9110-04-P