[Federal Register: October 14, 2003 (Volume 68, Number 198)]
[Proposed Rules]               
[Page 59143-59145]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc03-34]                         

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-03-096]
RIN 1625-AA09

 
Drawbridge Operation Regulations; Rahway River, NJ

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to change the drawbridge operating 
regulations governing the operation of the Conrail Bridge, mile 2.0, 
across the Rahway River at Linden, New Jersey. This proposed rule would 
allow the bridge to be operated from a remote location. The bridge 
would remain in the open position at all times except for the passage 
of rail traffic. This rule is expected to relieve the bridge owner of 
the burden of crewing the bridge at all times while still providing for 
the reasonable needs of navigation.

DATES: Comments must reach the Coast Guard on or before December 15, 
2003.

ADDRESSES: You may mail comments and related material to Commander 
(obr), First Coast Guard District Bridge Branch, One South Street, 
Battery Park Building, New York, New York, 10004, or deliver them to 
the same address between 7 a.m. and 3 p.m., Monday through Friday, 
except Federal holidays. The telephone number is (212) 668-7165. The 
First Coast Guard District, Bridge Branch, maintains the public docket 
for this rulemaking. Comments and material received from the public, as 
well as documents indicated in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at the First Coast Guard District, Bridge Branch, 
7 a.m. to 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joe Arca, Project Officer, First Coast 
Guard District, (212) 668-7069.

SUPPLEMENTARY INFORMATION: 

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments or related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD01-03-
096), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. Please submit 
all comments and related material in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying. If you would like to know if 
they reached us, please enclose a stamped, self-addressed postcard or 
envelope. We will consider all comments and material received during 
the comment period. We may change this proposed rule in view of them.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for a meeting by writing to the First Coast Guard District, 
Bridge Branch, at the address under ADDRESSES explaining 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.

Background and Purpose

    The Conrail Bridge has a vertical clearance of 6 feet at mean high 
water and 11 feet at mean low water in the closed position.
    The existing drawbridge operation regulations listed at 33 CFR 
117.743, require the bridge to open on signal from April 1 through 
November 30, from 6 a.m. to 10 p.m. At all other times, the bridge 
opens on signal if at least a four-hour notice is given.
    The Conrail Bridge across the Rahway River is navigated 
predominantly by small recreational vessels April through November.
    The owner of the bridge, Consolidated Rail Corporation (Conrail), 
requested a change to the drawbridge operation regulations that would 
allow the bridge owner to operate the bridge from a remote location. 
The bridge would be operated from the remote location by a bridge/train 
dispatcher located at the Conrail Dispatch Office at Mount Laurel, New 
Jersey. The on scene bridge tender would be eliminated by this 
rulemaking.
    It is expected that this proposed rule, if adopted, would relieve 
the bridge owner of the burden of crewing the bridge at all times while 
still meeting the reasonable needs of navigation.

Discussion of Proposal

    This proposed rule would relieve the bridge owner from the burden 
of crewing the bridge at all times by allowing the bridge to be 
operated from a remote location while still meeting the reasonable 
needs of navigation.
    Under this proposed rule the bridge would remain in the full open 
position at all times and be closed only for the passage of rail 
traffic. The procedure for closing the Conrail Bridge to vessel

[[Page 59144]]

traffic to allow the passage of rail traffic across the waterway would 
be as follows:
    All rail traffic approaching the bridge would be stopped at a safe 
point before crossing the bridge; a train crewmember would detrain and 
relocate to a good vantage point to observe the waterway both up and 
down stream. Any vessel traffic observed approaching the bridge would 
be allowed to pass through the bridge before closing; once it is 
determined that no vessel traffic is approaching or under the bridge, 
the train crewmember would then communicate by radio or telephone with 
the remotely located bridge/train dispatcher at the Conrail Dispatch 
Office, at Mount Laurel, New Jersey, requesting the bridge to be 
closed.
    Before closing the bridge a public address system would announce 
that the bridge is closing, a marine traffic light system located at 
the bridge facing both upstream and downstream would change from 
flashing green to flashing red, and a horn would sound two times, pause 
10 seconds, then repeat two horn blasts until the bridge is seated and 
locked down.
    During the downward bridge span closing the bridge/train dispatcher 
would continually monitor the infrared sensor system to ensure that no 
vessel traffic is approaching or passing under the bridge. After the 
rail traffic has cleared the bridge, the horn would sound five times to 
signal that the bridge is about to open.
    Based upon all the above information, the Coast Guard believes that 
this proposed rule is reasonable. It is expected that this rule will 
relieve the bridge owner from the burden of crewing the bridge at all 
times while still meeting the reasonable needs of navigation.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under 6(a)(3) of that Order. The Office of Management and Budget has 
not reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security.
    We expect the economic impact of this proposed rule to be so 
minimal that a full Regulatory Evaluation, under the regulatory 
policies and procedures of DHS, is unnecessary.
    This conclusion is based on the fact that the bridge would be open 
for vessel traffic at all times, except for the passage of rail 
traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. 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 section 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 conclusion is based on the fact that the bridge would be open 
for vessel traffic at all times, except for the passage of rail 
traffic.
    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.

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.).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this proposed rule 
under that Order and have determined that it does not have implications 
for federalism.

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 or more in any 
one year. Though this proposed rule would not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

Taking of Private Property

    This proposed rule would not effect a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

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.

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 may 
disproportionately affect children.

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.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this proposed rule under Commandant Instruction 
M16475.1D, which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section

[[Page 59145]]

2.B.2 of the Instruction. Therefore, this proposed rule is 
categorically excluded, under figure 2-1, paragraph (32)(e), of the 
Instruction, from further environment documentation because it has been 
determined that the promulgation of operating regulations for 
drawbridges are categorically excluded.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For the reasons set out in the preamble, the Coast Guard proposes 
to amend 33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    1. The authority citation for part 117 continues to read as 
follows:

    Authority: 33 U.S.C. 499; Department of Homeland Security 
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued 
under the authority of Pub. L. 102-587, 106 Stat. 5039.

    2. Section 117.743 is revised to read as follows:


Sec.  117.743  Rahway River.

    The draw of the Conrail Bridge, mile 2.0, across the Rahway River, 
at Linden, New Jersey, shall operate as follows:
    (a) The draw shall remain in the full open position at all times, 
and shall only be closed for the passage of rail traffic or the 
performance of maintenance authorized in accordance with subpart A of 
this part.
    (b) The draw shall be remotely operated by a bridge/train 
dispatcher located at the Conrail Dispatch Office at Mount Laurel, New 
Jersey.
    (c) A marine traffic light system shall be maintained at the bridge 
and display flashing green lights to indicate that vessels may pass 
through the bridge, and flashing red lights any time the bridge is not 
in the full open position.
    (d) An infrared sensor system shall be maintained at the bridge to 
determine that no conflict with vessel traffic exists while the bridge 
is closing.
    (e) Before the bridge may be closed from the remote location, an 
on-site train crewmember shall observe the waterway for any vessel 
traffic. All approaching vessels shall be allowed to pass before the 
bridge may close. The on-site train crewmember shall then communicate 
with the bridge/train dispatcher at the Conrail Dispatch Office, at 
Mount Laurel, either by radio or telephone, to request that the bridge 
be closed.
    (f) While the bridge is moving from the full open to full closed 
position, the bridge/train dispatcher shall maintain constant 
surveillance of the navigational channel at the bridge using the 
infrared sensor system.
    (g) If the infrared sensors detect a vessel or other obstruction 
approaching or under the bridge before the draw is fully lowered and 
locked, the closing sequence is stopped, automatically, and the draw is 
raised to its fully open position until the channel is clear.
    (h) During the downward bridge closing movement, the marine traffic 
light system located at the bridge will change from flashing green to 
flashing red, the public address system will announce that the bridge 
will be closing, and the horn will sound two times, pause 10 seconds, 
then repeat two horn blasts until the bridge is seated and fully locked 
down.
    (i) When all rail traffic has cleared the bridge, the bridge/train 
dispatcher will sound the horn five times to signal that the draw is 
about to open.
    (j) In the event of a failure, or obstruction to the infrared 
sensor system, the bridge shall immediately be returned to the full 
open position until the problem is corrected.
    (k) In the event of a loss of communication between the on-site 
personnel and the bridge/train dispatcher, the bridge shall immediately 
be returned to the full open position until the problem is corrected.
    (l) Should the draw become inoperable from the remote site while 
the bridge is in the closed position, a bridge tender, maintenance 
personnel, or engineer shall be deployed to be on site within one hour 
from the time the draw becomes inoperable until the bridge can be 
returned to the full open position.
    (m) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes after a train has crossed the bridge; 
except as provided in 33 CFR 117.31(b). However, 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 interlocks 
before stopping.

    Dated: September 29, 2003.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 03-25892 Filed 10-10-03; 8:45 am]

BILLING CODE 4910-15-P