[Federal Register: November 25, 2003 (Volume 68, Number 227)]
[Proposed Rules]               
[Page 66062-66064]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no03-20]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-03-121]
RIN 1625-AA09

 
Drawbridge Operation Regulations; Mantua Creek, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations that govern 
the operation of the Consolidated Rail Corporation (CONRAIL) Railroad 
Bridge across Mantua Creek at mile 1.4, in Paulsboro, New Jersey. The 
proposed rule would increase vessel openings and eliminate the need for 
a bridge tender by allowing the bridge to be operated by a train 
crewmember. This change will provide for the reasonable needs of 
navigation.

DATES: Comments and related material must reach the Coast Guard on or 
before January 26, 2004.

ADDRESSES: You may mail comments and related material to Commander 
(oan-b), Fifth Coast Guard District, Federal Building, 4th Floor, 431 
Crawford Street, Portsmouth, Virginia 23704-5004, or they may be hand 
delivered to the same address between 8 a.m. and 4 p.m., Monday through 
Friday, except Federal Holidays. The telephone number is (757) 398-
6222. The Commander (oan-b), Fifth Coast Guard District 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 above address.

FOR FURTHER INFORMATION CONTACT: Waverly W. Gregory, Jr., Bridge 
Administrator, Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (CGD05-03-
121), 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 
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 Commander, Fifth Coast Guard 
District 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

    CONRAIL, who owns and operates this movable (swing-type) bridge, 
requested changes to the operating procedure for the drawbridge located 
at mile 1.4 across Mantua Creek, in Paulsboro, New Jersey. Currently, 
33 CFR 117.729(a) requires the bridge to open on signal except, that 
from December 1 through March 1 the draw must open on signal at all 
times upon four hours notice.
    In late spring of 2003, CONRAIL installed a Programmable Logic 
Controller and associated mechanical, electrical and signal apparatus 
on the CONRAIL Railroad Bridge over Mantua Creek in Paulsboro, New 
Jersey. The new equipment allows a radio-controlled system controlled 
from the cab of the locomotive to operate the opening and closing of 
the swing span to vessels. This rule proposes to change the operating 
schedule by allowing the bridge to remain in the open position to 
vessels for nine months (March through November) and requiring four 
hours notice for vessel openings during December through February.
    This change is being requested to make the closure process of the 
CONRAIL Railroad Bridge more efficient during train crossings and 
periodic maintenance. Additionally, it will save operational costs by 
eliminating bridge tenders while providing greater bridge operating 
capabilities.

Discussion of Rule

    The Coast Guard proposes to revise 33 CFR 117.729(a), which governs 
the CONRAIL Railroad bridge at mile 1.4 across Mantua Creek in 
Paulsboro, New Jersey. Currently, the draw opens on signal except that 
from December 1 through March 1 the draw shall open on signal at all 
times upon four hours notice.
    Paragraph (a) would contain the proposed rule for the CONRAIL 
Railroad Bridge, mile 1.4, at Paulsboro. The rule would allow the draw 
of the CONRAIL Railroad Bridge, mile 1.4, at Paulsboro, to be operated 
by a train crewmember. From March through November, the bridge would be 
left in the open position to vessels and would only close for the 
passage of trains and to perform periodic maintenance authorized in 
accordance with subpart A of this part.
    At all other times, the draw of the CONRAIL Railroad Bridge need 
only open on signal to vessels if at least four hours notice is given 
by calling (856) 231-2393.
    From March through November and before the CONRAIL Railroad Bridge 
closes for any reason, an on-site train crewmember will assist in 
observing the waterway for approaching craft, which will be allowed to 
pass. The on-site train crewmember will then operate the bridge by 
control radiophone.
    The CONRAIL Railroad Bridge would only be closed if the on-site 
train crewmember's visual inspection shows that the channel is clear 
and there are no vessels transiting in the area.
    While the CONRAIL Railroad Bridge is moving from the full open 
position to the full closed position, the train crewmember will 
maintain constant surveillance of the navigation channel to ensure that 
no conflict with maritime traffic exists. In the event of failure or 
obstruction, the train crewmember will stop and return the bridge to 
the full open position to vessels.
    During span movement, the channel traffic lights would change from 
flashing green to flashing red, the horn will sound twice, and an audio 
voice warning device will announce bridge movement, then two repeat 
blasts of the horn until the bridge is seated and locked down. When the 
bridge is seated and locked down to vessels, the channel traffic lights 
will extinguish.
    When the rail traffic has cleared, the horn will automatically 
sound five times to indicate that the draw of the CONRAIL Railroad 
Bridge is about to return to its full open position to vessels. During 
the open span movement, the channel traffic lights

[[Page 66063]]

would flash red, the horn will sound twice, followed by a pause, and 
then an audio warning device will announce bridge movement, then five 
repeat blasts of the horn until the bridge is in the full open position 
to vessels. In the full open position to vessels, the bridge channel 
traffic lights will turn from flashing red to flashing green. After the 
train has cleared the bridge by leaving the track circuit, any delay in 
opening of the draw to vessels shall not exceed ten minutes except as 
provided in 33 CFR 117.31(b).

Regulatory Evaluation

    This 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 section 
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. We reached this conclusion based 
on the fact that the proposed changes for the CONRAIL Railroad Bridge 
regulation will provide for greater flow of vessel traffic than the 
current regulations of the drawbridge.
    Under the current regulations, the CONRAIL Railroad Bridge remains 
closed and opens only on signal to vessels. The proposed regulation 
will require the bridge to remain in the open position for nine months 
of the year permitting vessels to pass freely. The bridge will close 
only for train crossings and bridge maintenance. From December through 
February, the draw shall open on signal if at least four hours advance 
notice is given by telephone at (856) 231-2393. This proposed 
regulation will provide for the reasonable needs of navigation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
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 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 rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
rule will provide for the CONRAIL Railroad Bridge to remain in the open 
position from March through November, allowing for the free flow of 
vessel traffic. The bridge would only close for the passage of trains 
and maintenance. From December through February, the draw shall open on 
signal to vessels if at least four hours notice is given by telephone 
at (856) 231-2393.
    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.

Assistance for Small Entities

    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 so that they can better 
evaluate its effects on them and participate in the rulemaking process. 
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 Waverly W. 
Gregory, Jr., Bridge Administrator, Fifth Coast Guard District, (757) 
398-6222.

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 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 affect a taking of private property or 
otherwise have taking implications under Executive Order 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 security that might 
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. We 
invite your comments on how this rule might impact tribal governments, 
even if that input may not constitute a ``tribal implication'' under 
the Order.

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.

[[Page 66064]]

Environment

    We have analyzed this 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 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraph (32)(e) of the Instruction, from further environmental 
documentation.

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

    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 117.729(a) is revised to read as follows:


Sec.  117.729  Mantua Creek.

    (a) The draw of the CONRAIL Railroad Bridge, mile 1.4 at Paulsboro, 
shall operate as follows:
    (1) From March through November, the draw shall be left in the open 
position to vessels and will only be closed for the passage of trains 
and to perform periodic maintenance authorized in accordance with 
subpart A of this part.
    (i) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in Sec.  
117.31(b).
    (ii) Before the bridge closes for any reason, an on-site train 
crewmember will observe the waterway for approaching craft, which will 
be allowed to pass. An on-site train crewmember will then operate the 
bridge by radiophone. The bridge shall only be closed if an on-site 
train crewmember's visual inspection shows that the channel is clear 
and there are no vessels transiting in the area.
    (iii) While the CONRAIL Railroad Bridge is moving from the full 
open to the full closed position, an on-site train crewmember will 
maintain constant surveillance of the navigational channel to ensure no 
conflict with maritime traffic exists. In the event of failure or 
obstruction, the on-site train crewmember will stop the bridge and 
return the bridge to the open position to vessels.
    (iv) During closing of the span, the channel traffic lights will 
change from flashing green to flashing red, the horn will sound twice, 
and an audio voice warning device will announce bridge movement, then 
two horn blasts will be repeated and the bridge will close. When the 
bridge is seated and locked down to vessels, the channel traffic lights 
will extinguish. When the rail traffic has cleared the swing span, the 
horn will automatically sound five times to signal the draw of the 
CONRAIL Railroad Bridge is about to return to its full open position to 
vessels.
    (v) During open span movement, the channel traffic lights will 
flash red, the horn will sound twice, followed by a pause, and an audio 
voice warning will announce bridge movement, then five repeated blasts 
until the bridge is in the full open position. In the full open 
position, the channel traffic lights will then turn from flashing red 
to flashing green.
    (2) From December through February, the draw may be left in the 
closed position and opened on signal if at least four hours notice is 
given by telephone at (856) 231-2393.
* * * * *

    Dated: November 10, 2003.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 03-29388 Filed 11-24-03; 8:45 am]

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