[Federal Register Volume 79, Number 223 (Wednesday, November 19, 2014)]
[Rules and Regulations]
[Pages 68774-68777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27296]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2014-0367]
RIN 1625-AA09


Drawbridge Operation Regulation; Darby Creek, Essington, PA

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 Darby Creek at mile marker 
0.25 in Essington, PA. The bridge owner, Conrail, is modifying the 
existing remote operating system which controls the bridge operations. 
Cameras will be installed and the remote operating site will move from 
its current location in Delair, NJ to Mt. Laurel, NJ. The train crew is 
no longer required to stop and check the waterway for approaching 
vessel traffic prior to initiating a bridge closure and mariners 
requesting an opening for the bridge will have to contact the new 
remote location.

DATES: This rule is effective December 19, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2014-0367. 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 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. Jessica Shea, Fifth Coast Guard District Bridge 
Administration Division, Coast Guard; telephone 757-398-6422, email 
<a href="/cdn-cgi/l/email-protection#7d17180e0e141e1c531e530e15181c4f3d080e1e1a53101411"><span class="__cf_email__" data-cfemail="543e3127273d37357a377a273c31356614212737337a393d38">[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 August 1, 2014, we published a notice of proposed rulemaking 
(NPRM) entitled Drawbridge Operation Regulation; Darby Creek, 
Essington, PA in the Federal Register (79 FR 44724). 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 117.903 
because they modified the sensor and visual equipment on site at their 
bridge across Darby Creek. They also relocated the remote operation 
station to a new location. The regulation is changing two aspects of 
the bridge operation. Specifically, the location of the remote operator 
and the installation of cameras to verify whether any vessels are 
transiting the waterway before a bridge closure is initiated. This rule 
does not change the operating schedule of the bridge.
    The scope of the waterway inspection is different between the 
current on-site train crewmember inspection process and the range of 
the proposed 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 200 feet north of the bridge site when 
approached from the north and 300 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

[[Page 68775]]

train, walk to the bridge, conduct the inspection, walk back to the 
train, and re-start the train takes 15-20 minutes. As changed, the 
regulation 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 the modified regulation, 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 in the open to navigation position between 
April 1 and October 31 and operated by the bridge controller at the 
remote operating station in Delair, NJ. The shift from the Delair, NJ 
to the Mt. Laurel, NJ operating station enables Conrail to consolidate 
its control of the train line and Darby 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. The shift of the remote 
operating location to the Mt. Laurel location 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 average tidal range for Darby Creek is 5 feet. Currents run on 
average between 1-2 knots. The actual depth at the bridge ranges 
between 15 and 20 feet. Darby Creek is used by several recreational 
vessels during the summer boating season. There is no commercial vessel 
traffic on Darby Creek.
    From April 1 to October 31, the bridge is left 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 four times a day Monday thru Friday. On Saturday 
and Sunday, the bridge is used twice each day.
    From November 1 through March 31, the bridge is in the closed to 
navigation position but will open if 24 hours notice is given.

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. However, the 
Coast Guard is making non-substantive changes in the Final Rule that 
were not identified in the NPRM.
    The mile marker listed in 33 CFR Sec.  117.903 (a) describes the 
bridge as being located at mile marker 0.3. Upon further review, the 
description of the geographic location for this bridge is being revised 
to reflect its actual location at mile marker 0.25. The regulatory text 
has been updated to clarify (1) how the lights on the drawbridge 
actually operate when the span is in motion and (2) change the 
terminology channel traffic lights to center span lights. Also, the 
paragraphs under 33 CFR 117.903(a) have been reorganized for 
efficiency. None of these changes affect the intent of the NPRM or the 
operation of the bridge.
    The drawbridge operating schedule will not change under the Final 
Rule. From April 1 to October 31, the bridge will continue to be left 
in the open to navigation position and will only be lowered for the 
passage of train and maintenance. From November 1 through March 31, the 
bridge is in the closed to navigation position but will open if 24 
hours notice is given.

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. There are no changes to the 
drawbridge operating schedule only to the methods used to operate the 
drawbridge.

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 to the drawbridge operating schedule. Vessels that can 
safely transit under the bridge may do so at any time.

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 calls 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

[[Page 68776]]

implications for federalism. The Coast Guard did not receive any 
comments relating to federalism. Accordingly, there were no changes to 
the proposed regulatory text.

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 will 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 does 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 does 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.

12. Energy Effects

    This action 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 that 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.  117.903(a) to read as follows:


Sec.  117.903  Darby Creek.

    (a) The draw of the Conrail automated railroad bridge, mile 0.25, 
at Essington, 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 April 1 through October 31, 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 November 1 through March 31, the draw shall open on signal 
if at least 24 hours notice is given by telephone at (856) 231-2282. 
Operational information will be provided 24 hours a day by telephone at 
(856) 231-2282.
    (4) The timeframe to initiate the bridge closure will be not more 
than 10 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 fifteen 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

[[Page 68777]]

at the bridge as soon as possible, but not more than one hour after 
malfunction or disability of the remote system.
* * * * *

    Dated: October 30, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2014-27296 Filed 11-18-14; 8:45 am]
BILLING CODE 9110-04-P


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