[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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