Drawbridge Operation Regulation; Mantua Creek, Paulsboro, NJ, 78365-78369 [2014-30451]

Download as PDF Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules or recordkeeping requirements under the Paperwork Act of 1995. Executive Order 13132, Federalism It has been determined that this proposed rule does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on: (1) The States; (2) The relationship between the National Government and the States; or (3) The distribution of power and responsibilities among the various levels of Government. List of Subjects in 32 CFR Part 199 Claims, Dental health, Health care, Health insurance, Dental sealants, Military personnel. Accordingly, 32 CFR part 199 is proposed to be amended as follows: PART 199—[AMENDED] 1. The authority citation for part 199 continues to read as follows: ■ Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55. 2. Section 199.13 is proposed to be amended by: ■ a. Revising paragraphs (b)(4), (14), (17) and (20). ■ b. Removing paragraph (b)(24). ■ c. Revising paragraph (e)(2)(i). ■ d. Adding new paragraph (e)(2)(i)(B)(5). ■ e. Revising the table following paragraph (e)(3)(i) to delete the fourth line item entry entitled ‘‘Sealants.’’ ■ f. Revising paragraphs (f)(5) and (g)(2)(i). The revisions and additions read as follows: ■ § 199.13 TRICARE Dental Program. tkelley on DSK3SPTVN1PROD with PROPOSALS * * * * * (b) * * * (4) Beneficiary liability. The legal obligation of the beneficiary, his or her estate, or responsible family member to pay for the costs of dental care or treatment received. Specifically, for the purposes of services and supplies covered by the TDP, beneficiary liability including cost-sharing amounts or any amount above the network maximum allowable charge where the provider selected by the beneficiary is not a participating provider or a provider within an approved alternative delivery system. In cases where a nonparticipating provider does not accept assignment of benefits, * * * * * (14) Nonparticipating provider. A dentist or dental hygienist that furnished dental services to a TDP VerDate Sep<11>2014 17:03 Dec 29, 2014 Jkt 235001 beneficiary, but who has not agreed to participate in the contractor’s network and accept reimbursement in accordance with the contractor’s network agreement. A nonparticipating provider looks to the beneficiary or active duty, Selected Reserve or Individual Ready Reserve member for final responsibility for payment of his or her charge, but may accept payment (assignment of benefits) directly from the insurer or assist the beneficiary in filing the claim for reimbursement by the dental plan contractor. Where the nonparticipating provider does not accept payment directly from the insurer, the insurer pays the beneficiary or active duty, Selected Reserve or Individual Ready Reserve member, not the provider. * * * * * (17) Participating provider. A dentist or dental hygienist who has agreed to participate in the contractor’s network and accept reimbursement in accordance with the contractor’s network agreement as the total charge (even though less than the actual billed amount), including provision for payment to the provider by the beneficiary (or active duty, Selected Reserve or Individual Ready Reserve member) or any cost-share for covered services. * * * * * (20) Preventive services. Traditional prophylaxis including scaling deposits from teeth, polishing teeth, and topical application of fluoride to teeth, as well as other dental services authorized in paragraph (e) of this section. * * * * * (e) * * * (2) * * * (i) Diagnostic and preventive services. Benefits may be extended for those dental services described as oral examination, diagnostic, and preventive services when performed directly by dentists and dental hygienists as authorized under paragraph (f) of this section. These include the following categories of service: * * * * * (B) * * * (5) Sealants. * * * * * (f) * * * (5) Participating provider. An authorized provider may elect to participate as a network provider in the dental plan contractor’s network and any such election will apply to all TDP beneficiaries. The authorized provider may not participate on a claim-by-claim basis. The participating provider must agree to accept, within one (1) day of a request for appointment, beneficiaries in PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 78365 need of emergency palliative treatment. Payment to the participating provider is based on the methodology specified in paragraph (g)(2)(ii) of this section. The fee or charge determinations are binding upon the provider in accordance with the dental plan contractor’s procedures for participation in the network. Payment is made directly to the participating provider, and the participating provider may only charge the beneficiary the applicable percent cost-share of the dental plan contractor’s allowable charge for those benefit categories as specified in paragraph (e) of this section, in addition to the full charges for any services not authorized as benefits. * * * * * (g) * * * (2) * * * (i) Nonparticipating providers (or the Beneficiaries or active duty, Selected Reserve or Individual Ready Reserve members for unassigned claims) shall be reimbursed at the lesser of (1) the provider’s actual charge: or (2) the network maximum allowable charge for similar services for that same locality (region) or state, whichever is lower, subject to the exception listed in paragraph (e)(3)(ii) of this section, less any cost-share amount due for authorized services. The network maximum allowable charge is the maximum negotiated fee between the dental contractor and any TDP participating provider for similar services covered by the dental plan in that same locality (region) or state. * * * * * Dated: December 22, 2014. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2014–30322 Filed 12–29–14; 8:45 am] BILLING CODE 5001–06–P 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 Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: ACTION: The Coast Guard proposes to change the operating regulation that governs the Conrail railroad bridge over SUMMARY: E:\FR\FM\30DEP1.SGM 30DEP1 78366 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules 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. 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: Comments and related material must be received by the Coast Guard on or before February 13, 2015. ADDRESSES: You may submit comments identified by docket number USCG– 2014–0807 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. To avoid duplication, please use only one of these methods. 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 kashanda.l.booker@uscg.mil. If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Table of Acronyms tkelley on DSK3SPTVN1PROD with PROPOSALS CFR Code of Federal Regulations Conrail Consolidated Rail Corporation DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking § Section Symbol U.S.C. United States Code A. Public Participation and Request for Comments We encourage you to participate in this proposed rulemaking by submitting comments and related materials. All comments received will be posted, without change to http:// www.regulations.gov and will include VerDate Sep<11>2014 17:03 Dec 29, 2014 Jkt 235001 any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this proposed rulemaking (USCG–2014– 0807), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (http:// www.regulations.gov), or by fax, mail or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number USCG–2014–0807 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG–2014–0807) 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. PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the methods specified under ADDRESSES. Please explain 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. 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. 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. Conrail proposed to install equipment to support remote operation of the bridge. The proposed regulations will change three aspects of the bridge operation. Specifically, the proposed regulations would 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 proposed rule will 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 E:\FR\FM\30DEP1.SGM 30DEP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules 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. The proposed 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 proposed regulations, 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 required to be in the open to navigation position between March through November and is designed to be operated by the train crew. Under the proposed regulations Conrail proposes to 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. The proposed 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 VerDate Sep<11>2014 17:03 Dec 29, 2014 Jkt 235001 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 also proposes to specify the dates when the bridge will be left in the open to navigation position, 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 Proposed Rule Under the proposed regulation, 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. A new requirement for the remote operating station is being proposed that uses cameras and sensors 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. At the Mt. Laurel remote operating station, the cameras and sensors will be used continuously during the bridge closure operations to 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 instead of the removed swing bridge. The bridge will use flashing red lights along with sounding the horn to notify waterway users that the bridge is PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 78367 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 proposed 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. The proposed regulation removes the audio voice announcement. D. Regulatory Analyses We developed this proposed 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 proposed 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 proposed by this NPRM impact the methods used to operate the drawbridge. There are no changes proposed 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 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 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. If you think that your business, organization, or governmental E:\FR\FM\30DEP1.SGM 30DEP1 78368 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules 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. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104– 121), we want to assist small entities in understanding this proposed 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. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 4. 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.). this proposed rule elsewhere in this preamble. 8. Taking of Private Property This proposed 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 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. 10. 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 might disproportionately affect children. 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 11. 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. 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. tkelley on DSK3SPTVN1PROD with PROPOSALS 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 proposed rule under that Order and have determined that it does not have implications for federalism. This proposed rule is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 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 proposed rule will not result in such an expenditure, we do discuss the effects of VerDate Sep<11>2014 17:03 Dec 29, 2014 Jkt 235001 actions which do not individually or cumulatively have a significant effect on the human environment. This proposed 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. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 12. Energy Effects 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed 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 made a preliminary determination that this action is one of a category of PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 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. 2. Revise § 117.729 (a) to read as follows: ■ § 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 § 117.31(b). (5) The bridge will be equipped with cameras and channel sensors to visually E:\FR\FM\30DEP1.SGM 30DEP1 Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Proposed Rules 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: December 11, 2014. Stephen P. Metruck, Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. tkelley on DSK3SPTVN1PROD with PROPOSALS [FR Doc. 2014–30451 Filed 12–29–14; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 17:03 Dec 29, 2014 Jkt 235001 DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG–2014–0751] Safety Zone; Triathlon National Championships, Milwaukee Harbor, Milwaukee, Wisconsin Coast Guard, DHS. Notice of Proposed Rulemaking. AGENCY: The Coast Guard proposes to establish a safety zone within Milwaukee Harbor in Milwaukee, Wisconsin. This zone is intended to restrict vessels from a portion of Milwaukee Harbor due to the 2015 Olympic and Sprint Distance National Championships. This proposed safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the 2015 Olympic and Sprint Distance National Championships. SUMMARY: Comments and related material must be received by the Coast Guard on or before January 29, 2015. ADDRESSES: You may submit comments identified by docket number USCG– 2014–0751 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. To avoid duplication, please use only one of these four methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Petty Officer Joseph McCollum, U.S. Coast Guard Sector Lake Michigan; telephone 414–747– 7148, email Joseph.P.McCollum@ uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. DATES: Frm 00056 Fmt 4702 Table of Acronyms A. Public Participation and Request for Comments RIN 1625–AA00 PO 00000 SUPPLEMENTARY INFORMATION: DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking 33 CFR Part 165 ACTION: 78369 Sfmt 4702 We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2014–0751), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2014–0751’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. E:\FR\FM\30DEP1.SGM 30DEP1

Agencies

[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Proposed Rules]
[Pages 78365-78369]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30451]


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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: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the operating regulation 
that governs the Conrail railroad bridge over

[[Page 78366]]

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. 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: Comments and related material must be received by the Coast 
Guard on or before February 13, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2014-0807 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
methods.

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 
kashanda.l.booker@uscg.mil. 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. Public Participation and Request for Comments

    We encourage you to participate in this proposed rulemaking by 
submitting comments and related materials. All comments received will 
be posted, without change to http://www.regulations.gov and will 
include any personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
proposed rulemaking (USCG-2014-0807), indicate the specific section of 
this document to which each comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online (http://www.regulations.gov), or by fax, mail or hand 
delivery, but please use only one of these means. If you submit a 
comment online via http://www.regulations.gov, it will be considered 
received by the Coast Guard when you successfully transmit the comment. 
If you fax, hand deliver, or mail your comment, it will be considered 
as having been received by the Coast Guard when it is received at the 
Docket Management Facility. We recommend that you include your name and 
a mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number USCG-2014-0807 in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\ by 11 inches, 
suitable for copying and electronic filing. If you submit them by mail 
and would like to know that they reached the Facility, please enclose a 
stamped, self-addressed postcard or envelope. We will consider all 
comments and material received during the comment period and may change 
the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2014-0807) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one using one of the methods specified under ADDRESSES. 
Please explain 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.

B. Basis and Purpose

    The bridge owner, Conrail, requested a change to 33 CFR Sec.  
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.
    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. 
Conrail proposed to install equipment to support remote operation of 
the bridge.
    The proposed regulations will change three aspects of the bridge 
operation. Specifically, the proposed regulations would 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 proposed rule will 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

[[Page 78367]]

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. The proposed 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 proposed regulations, 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 required to be in the open to navigation 
position between March through November and is designed to be operated 
by the train crew. Under the proposed regulations Conrail proposes to 
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. The proposed 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 also proposes to specify the dates when the bridge will be 
left in the open to navigation position, 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 Proposed Rule

    Under the proposed regulation, 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. A new requirement for the remote operating station 
is being proposed that uses cameras and sensors 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. At the Mt. Laurel 
remote operating station, the cameras and sensors will be used 
continuously during the bridge closure operations to 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 instead of the removed swing 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 proposed 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. The proposed regulation removes the audio 
voice announcement.

D. Regulatory Analyses

    We developed this proposed 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 proposed 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 proposed by this 
NPRM impact the methods used to operate the drawbridge. There are no 
changes proposed 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 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 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.
    If you think that your business, organization, or governmental

[[Page 78368]]

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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Public Law 104-121), we want to assist small 
entities in understanding this proposed 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. The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

4. 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.).

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 proposed 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 proposed rule will not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed 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 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.

10. 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 might 
disproportionately affect children.

11. 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.

12. Energy Effects

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

14. Environment

    We have analyzed this proposed 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 made a preliminary determination 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 proposed 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. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

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

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

[[Page 78369]]

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: December 11, 2014.
Stephen P. Metruck,
Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard 
District.
[FR Doc. 2014-30451 Filed 12-29-14; 8:45 am]
BILLING CODE 9110-04-P