[Federal Register Volume 80, Number 76 (Tuesday, April 21, 2015)]
[Rules and Regulations]
[Pages 22097-22100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09038]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0807]
RIN 1625-AA09


Drawbridge Operation Regulation; Mantua Creek, Paulsboro, NJ

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the operating regulation that 
governs the Conrail Railroad Bridge over Mantua Creek at mile marker 
1.4 in Paulsboro, NJ. The bridge owner, Conrail, is modifying the 
operating system which controls the bridge operations. Cameras will be 
installed and the bridge will be remotely operated from Mt. Laurel, NJ. 
The train crew will no longer be required to stop and check the 
waterway for approaching vessel traffic prior to initiating a bridge 
closure or be responsible to operate the bridge closure equipment 
located at the bridge site.

DATES: This rule is effective May 21, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0807. To view documents mentioned in this preamble as being 
available in the docket, go to 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 rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West

[[Page 22098]]

Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mrs. Kashanda Booker, Fifth Coast Guard District Bridge 
Administration Division, Coast Guard; telephone 757-398-6227, email 
<a href="/cdn-cgi/l/email-protection#d9b2b8aab1b8b7bdb8f7b5f7bbb6b6b2bcab99acaababef7b4b0b5"><span class="__cf_email__" data-cfemail="f09b918398919e9491de9cde929f9f9b9582b085839397de9d999c">[email protected]</span></a>. If you have questions on viewing the 
docket, call Cheryl Collins, Program Manager, Docket Operations, 
telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

CFR--Code of Federal Regulations
Conrail--Consolidated Rail Corporation
DHS--Department of Homeland Security
FR--Federal Register
NPRM--Notice of Proposed Rulemaking
Sec.  --Section Symbol
U.S.C.--United States Code

A. Regulatory History and Information

    On December 30, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled, ``Drawbridge Operation Regulation; Mantua Creek, 
Paulsboro, NJ'' in the Federal Register (79 FR 78365). We received no 
comments on the proposed rule. No public meeting was requested, and 
none was held.
B. Basis and Purpose
    The bridge owner, Conrail, requested a change to 33 CFR 117.729 (a) 
due to the replacement of the existing bridge structure. Conrail also 
requested to modify the operating regulations due to their intent to 
install sensor equipment as part of the reconstruction efforts for 
their bridge across Mantua Creek. This rule will change three aspects 
of the bridge operation. Specifically, the regulations will enable (1) 
remote operation of the bridge, (2) installation of cameras and 
infrared sensors to verify whether any vessels are transiting the 
waterway before a bridge closure is initiated, and (3) alter the 
requirement for signals to be used during drawbridge movement 
operations. This rule will not change the operating schedule of the 
bridge. The original structure for the bridge at mile marker 1.4 across 
Mantua Creek was an A-Frame swing bridge with unlimited vertical 
clearance in the open position. This swing bridge is being replaced by 
a vertical lift bridge with a 25-foot vertical clearance in the open 
position. The horizontal clearance for the swing bridge was 32 feet. 
The vertical lift bridge will have a horizontal clearance of 44 feet.
    The scope of the waterway inspection is different between the 
current on-site train crewmember inspection process and the range of 
the camera installation. There is also a difference in the time it 
takes between the inspection and the initiation of the bridge closure 
operations. Currently, the regulation requires an on-site train 
crewmember to conduct an inspection of the waterway for vessels by 
stopping the train approximately 150 feet north of the bridge site when 
approached from the north or 150 feet south of the bridge site when 
approached from the south. Once the train is stopped, the train 
crewmember walks to the bridge site and physically looks up and down 
the channel. The time it takes to stop the train, walk to the bridge, 
conduct the inspection, walk back to the train, and re-start the train 
takes 5-10 minutes. This rule allows the remote operating station to 
inspect the waterway with cameras without first stopping the train 
which permits a more efficient operating system.
    The closer the vessels are to the bridge, the more likely it is 
that the train crewmember will see them using the process required by 
the current regulation. Under this rule, the camera inspection of the 
waterway has the capability to zoom up and down stream allowing for 
easier detection of a smaller vessel approaching the bridge. After 
inspection of the waterway, using the cameras, the bridge closing 
operations would then occur from a remote location at the Mt. Laurel 
remote operating station.
    Currently, the bridge is designed to be operated by the train crew. 
Under this rule Conrail will operate the Mantua Creek Bridge at mile 
1.4 from a remote location, the Conrail Mt. Laurel, NJ, remote 
operating station, at all times. A draw tender may be stationed at the 
bridge at various times when it is deemed necessary for safety purposes 
such as during times when bridge maintenance is being performed.
    Conrail operates other bridges at the Mt. Laurel, NJ remote 
operating station. The change from on-site control of the bridge to the 
Mt. Laurel, NJ operating station enables Conrail to consolidate its 
control of the train line and Mantua Creek bridge. By controlling the 
track as well as the bridge operating mechanism at the Mt. Laurel 
station, the remote operator has access to more information regarding 
the anticipated arrival time for when the trains will be at the bridge 
site. Information such as train speed and location directly contribute 
to when the bridge will need to be closed. This change to a remote 
operating station may shorten the duration of the bridge closures due 
to the higher accuracy of information on train speed and anticipated 
arrival time at the bridge site.
    The depth of Mantua Creek at the bridge is 22 feet. The diurnal 
tidal range is 6 feet. Mantua Creek is used by several recreational 
vessels during the summer boating season. There is no commercial vessel 
traffic on Mantua Creek.
    From March through November, the bridge is in the open to 
navigation position and will only be lowered for the passage of train 
and maintenance. Train activity in this location requires the bridge to 
close to navigation up to eight times a day Monday thru Friday. On 
Saturday and Sunday, the bridge is closed up to six times each day.
    From December through the end of February, the bridge is in the 
closed to navigation position but will open if 4 hours notice is given.
    Conrail will also specify the dates when the bridge will be left in 
the open to navigation position from March 1 through November 30 and 
left in the closed to navigation position from December 1 through the 
last day of February. This represents a clarification of the existing 
regulatory language, and not a substantive change to the existing 
bridge schedule.

C. Discussion of Comments, Changes and the Final Rule

    The Coast Guard provided a comment period of 45 days and no 
comments were received, therefore, no changes were made.
    Under this rule, the responsibility to operate the drawbridge is 
being removed from the train crew and being transferred to the remote 
operating station located in Mt. Laurel, NJ. The visual examination of 
the waterway to confirm whether or not any vessels are present will 
shift from the train crew to the Mt. Laurel remote operating station. 
The train crew will not be required to stop and check the waterway 
prior to the remote operating station closing or opening the bridge. 
Cameras and sensors will be used to confirm whether any vessels are 
navigating Mantua Creek near the CONRAIL Bridge prior to closing the 
bridge.
    From the controls at the Mt. Laurel remote operating station, the 
timeframe to initiate the bridge closure is not more than 15 minutes 
before a train will arrive at the bridge location. The system currently 
in place using local control of the operating mechanism works under a 
similar timeframe. At the Mt. Laurel remote operating station, the 
cameras and sensors will be used continuously during the bridge closure 
operations to

[[Page 22099]]

monitor the waterway for the presence of vessels.
    With the limit of 25 feet of vertical clearance in the open 
position, the movement of the bridge impacts vessels transiting the 
waterway. Signals alerting any vessels on Mantua Creek about this 
movement are being modified to reflect the operating process of a new 
vertical lift bridge. The bridge will use flashing red lights along 
with sounding the horn to notify waterway users that the bridge is 
changing position. The current regulation requires a flashing red 
light, one prolonged blast, one short blast, and an audio voice 
announcement to indicate the bridge is opening. The new regulation 
states that the light will change from fixed green to flashing red any 
time the bridge is not in the full open position. Prior to bridge 
movement, there will be two prolonged blasts followed by two short 
blasts. This rule removes the audio voice announcement.
    The drawbridge operation schedule will not change under the Final 
Rule. However, Conrail will specify the dates when the bridge will be 
left in the open to navigation position from March 1 through November 
30 and left in the closed to navigation position from December 1 
through the last day of February. This represents a clarification of 
the existing regulatory language, and not a substantive change to the 
existing bridge schedule.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Order 12866 or under 
section 1 of Executive Order 13563. The Office of Management and Budget 
has not reviewed it under those Orders. The changes in this rule impact 
the methods used to operate the drawbridge. There are no changes to the 
drawbridge operating schedule.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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 received no comments from the Small Business 
Administration on this rule. The Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.
    This action will not have a significant economic impact on a 
substantial number of small entities for the following reasons. There 
are no changes proposed to the drawbridge operating schedule. Vessels 
that can safely transit under the bridge may do so at any time. The 
vertical clearance of 25 feet is consistent with other approved bridges 
on Mantua Creek.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. 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 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This 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.

10. Protection of Children

    We have analyzed this 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 might 
disproportionately affect children.

11. Indian Tribal Governments

    This 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

[[Page 22100]]

responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions which do not 
individually or cumulatively have a significant effect on the human 
environment. This rule promulgates the operating regulations or 
procedures for drawbridges. This rule is categorically excluded, under 
figure 2-1, paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an 
environmental analysis checklist and a categorical exclusion 
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority:  33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland 
Security Delegation No. 0170.1.


0
2. Revise Sec.  117.729(a) to read as follows:


Sec.  117.729  Mantua Creek.

    (a) The draw of the Conrail automated railroad bridge, mile 1.4, at 
Paulsboro, NJ shall operate as follows:
    (1) The bridge will be operated remotely by the South Jersey Train 
Dispatcher located in Mt. Laurel, NJ. Operational information will be 
provided 24 hours a day by telephone at (856) 231-2282.
    (2) From March 1 through November 30, the draw shall be left in the 
open position and will only be lowered for the passage of trains and to 
perform periodic maintenance authorized in accordance with subpart A of 
this part.
    (3) From December 1 through the last day of February, the draw will 
open on signal if at least 4 hours notice is given by telephone at 
(856) 231-2282.
    (4) The timeframe to initiate the bridge closure will be not more 
than 15 minutes before a train will arrive at the bridge location. 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 prior to stopping for any reason. 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).
    (5) The bridge will be equipped with cameras and channel sensors to 
visually and electronically ensure the waterway is clear before the 
bridge closes. The video and sensors are located and monitored at the 
remote operating location in Mt. Laurel, NJ. The channel sensors signal 
will be a direct input to the bridge control system. In the event of 
failure or obstruction of the infrared channel sensors, the bridge will 
automatically stop closing and the South Jersey Train Dispatcher will 
return the bridge to the open position. In the event of video failure 
the bridge will remain in the full open position.
    (6) The Conrail Railroad center span light will change from fixed 
green to flashing red anytime the bridge is not in the full open 
position.
    (7) Prior to downward movement of the span, the horn will sound two 
prolonged blasts, followed by a pause, and then two short blasts until 
the bridge is seated and locked down. At the time of movement, the 
center span light will change from fixed green to flashing red and 
remain flashing until the bridge has returned to its full open 
position.
    (8) When the train controller at Mt. Laurel has verified that rail 
traffic has cleared, they will sound the horn five times to signal the 
draw is about to return to its full open position.
    (9) During upward movement of the span, the horn will sound two 
prolonged blasts, followed by a pause, and then sound two short blasts 
until the bridge is in the full open position. The center span light 
will continue to flash red until the bridge is in the fully open 
position.
    (10) When the draw cannot be operated from the remote site, a 
bridge tender must be called to operate the bridge in the traditional 
manner. Personnel shall be dispatched to arrive at the bridge as soon 
as possible, but not more than one hour after malfunction or disability 
of the remote system.
* * * * *

    Dated: April 3, 2015.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2015-09038 Filed 4-20-15; 8:45 am]
 BILLING CODE 9110-04-P


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