Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ, 29800-29804 [2017-13857]
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules
A applied the same heritage process
profile to the new equipment, retained
heritage printed circuit board samples
for periodic process control
comparisons, and implemented periodic
visual/x-ray inspections for consistency
validation. Heritage and new equipment
specifications were also assessed to
compare their performance
characteristics. White Sand Missile
Range has reviewed and accepted this
process change, for U.S. Government
launch vehicle programs conducting
launches from its launch range, based
on improved reliability and quality of
the process.
The FAA waives the requirements of
E417.7(f)(2) and (5) because the Electron
has implemented a failsafe flight safety
system design that would terminate
thrust to the vehicle should both flight
termination receivers fail or
communication was lost with the
ground station, and RL’s operating area
is remote enough that were it to
experience a catastrophic failure, it
would not jeopardize public health and
safety and safety of property. The
Electron test flight missions would
occur from the isolated Mahia Peninsula
in New Zealand. The area within 20 NM
of Mahia Peninsula has a very low
population density. The Electron flight
corridor is over the broad ocean area
with minimal impact on air and marine
traffic. Consequence analysis showed
that less than 1 in 100,000 casualties
would be expected if the worst
foreseeable vehicle response mode (i.e.,
where the vehicle guidance is assumed
to fail in a manner that leads to an
attempt to guide to erroneous, randomly
located points) occurred at the worst
flight time (relatively early in flight
before the vehicle proceeds downrange)
and the flight termination receiver failed
to activate. Thus, the casualty
expectation given the assumption of the
worst possible failure would on average
still produce significantly less casualties
than the FAA’s limit of 1 in 10,000,
which does not assume failure but
rather assigns realistic failure
probabilities. Also, the flight
termination receiver’s failsafe feature
will terminate thrust if there is a loss of
power or Radio Frequency carrier or
pilot tone signal, providing an
additional safety margin. For these
reasons, the FAA has determined that
waiving sections E417.7(f)(2) and (5) for
the Electron test flight missions from
Mahia, New Zealand will not jeopardize
public health and safety or safety of
property.
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ii. National Security and Foreign Policy
Implications
The FAA has identified no national
security or foreign policy implications
associated with granting this waiver.
iii. Public Interest
The waiver is consistent with the
public interest goals of Chapter 509 and
the National Space Transportation
Policy. Three of the public policy goals
of Chapter 509 are: (1) To promote
economic growth and entrepreneurial
activity through use of the space
environment; (2) to encourage the
United States private sector to provide
launch and reentry vehicles and
associated services; and (3) to facilitate
the strengthening and expansion of the
United States space transportation
infrastructure to support the full range
of United States space-related activities.
See 51 U.S.C. 50901(b)(1), (2), (4).
RL seeks to lower the cost and
increase the frequency of access to space
for small payloads, potentially
expanding the opportunity for space
services and research. These activities
will help to make the U.S. launch
industry more competitive
internationally. The National Space
Transportation Policy states that
strengthening U.S. competitiveness in
the international launch market and
improving the cost effectiveness of U.S.
space transportation services are in the
public interest:
Maintaining an assured capability to
meet United States Government needs,
while also taking the necessary steps to
strengthen U.S. competitiveness in the
international commercial launch
market, is important to ensuring that
U.S. space transportation capabilities
will be reliable, robust, safe, and
affordable in the future. Among other
steps, improving the cost effectiveness
of U.S. space transportation services
could help achieve this goal by allowing
the United States Government to invest
a greater share of its resources in other
needs such as facilities modernization,
technology advancement, scientific
discovery, and national security.
Further, a healthier, more competitive
U.S. space transportation industry
would facilitate new markets, encourage
new industries, create high technology
jobs, lead to greater economic growth
and security, and would further the
Nation’s leadership role in space.
More specifically, Rocket Lab will be
carrying onboard the Electron launch
vehicle on its inaugural launch a flight
test experiment for NASA Kennedy
Space Center which will improve public
risk mitigation capabilities from an
errant launch vehicle. This component
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is designed and manufactured by NASA
KSC and is part of the independent
safety system which will be installed on
the launch vehicles. This safety system
will be capable of determining if the
flight of the launch vehicle will pose an
unacceptable increased risk to the
public based on mission rules designed
for its unique vehicle and flight
characteristics and programmed into the
safety system and terminate the flight of
such launch vehicle. This type of
capability is in public interest because
this safety system will allow for
improved protection of the public from
mishaps resulting from flight of errant
launch vehicles.
Issued in Washington, DC, on May 15,
2017.
Kenneth Wong,
Commercial Space Transportation, Licensing
and Evaluation Division Manager.
[FR Doc. 2017–13567 Filed 6–29–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0257]
RIN 1625–AA09
Drawbridge Operation Regulation;
Delaware River, Pennsauken
Township, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
modify the operating regulation that
governs the DELAIR Memorial Railroad
Bridge across the Delaware River, mile
104.6, at Pennsauken Township, NJ.
This proposed regulation will allow the
bridge to be remotely operated from the
Conrail South Jersey dispatch center in
Mount Laurel, NJ, instead of being
operated by an on-site bridge tender.
This regulation will not change the
operating schedule of the bridge.
DATES: Comments and related material
must reach the Coast Guard on or before
August 18, 2017.
ADDRESSES: You may submit comments
identified by docket number USCG–
2016–0257 using Federal eRulemaking
Portal at https://www.regulations.gov.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
SUMMARY:
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If
you have questions on this proposed
rule, call or email Mr. Hal R. Pitts, Fifth
Coast Guard District (dpb); telephone
(757) 398–6222, email Hal.R.Pitts@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose and Legal
Basis
The DELAIR Memorial Railroad
Bridge across the Delaware River, mile
104.6, at Pennsauken Township, NJ,
owned and operated by Conrail Shared
Assets, has a vertical clearance of 49 feet
above mean high water in the closed-tonavigation position. There is a daily
average of 28 New Jersey Transit trains
and eight Conrail freight trains that
cross the bridge and a daily average of
three bridge openings that allow one or
more vessels to transit through the
bridge during each opening. The bridge
is normally maintained in the closed
position due to the average daily
number of trains crossing the bridge.
The operating schedule is published in
33 CFR 117.716. This current operating
schedule has been in effect since 1984
and will not change with the
implementation of remote operation of
the bridge. However, within this
proposed operating schedule, § 117.716
will be restructured from its current
configuration to clearly distinguish the
remote operation of the DELAIR
Memorial Railroad Bridge. This
proposed operating regulation allows
the bridge to be operated remotely from
the bridge owner’s South Jersey
dispatch center in Mount Laurel, NJ.
The Delaware River is used by a
variety of vessels, including deep draft
commercial vessels, tug and barge
traffic, recreational vessels, and public
vessels, including military vessels of
various sizes. The three-year average
number of bridge openings and
maximum number of bridge openings by
month and overall for 2013 through
2015, as drawn from the data contained
in the bridge tender logs, is presented
below.
Average
openings
Month
January ....................................................................................................................................................................
February ...................................................................................................................................................................
March .......................................................................................................................................................................
April ..........................................................................................................................................................................
May ..........................................................................................................................................................................
June .........................................................................................................................................................................
July ...........................................................................................................................................................................
August ......................................................................................................................................................................
September ...............................................................................................................................................................
October ....................................................................................................................................................................
November ................................................................................................................................................................
December ................................................................................................................................................................
Monthly ....................................................................................................................................................................
Daily .........................................................................................................................................................................
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The bridge owner and the maritime
community have been working together
since 2013 in an effort to incorporate
sensors and other technologies into the
bridge and the Conrail South Jersey
dispatch center to allow for the safe and
effective remote operation of the bridge.
On April 12, 2017, the Coast Guard
published a temporary deviation
entitled ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ in the Federal Register
(82 FR 17561). This test deviation
allows the bridge to be operated
remotely from the bridge owner’s South
Jersey dispatch center in Mount Laurel,
NJ. This test deviation is effective from
8 a.m. on April 24, 2017, to 7:59 a.m.
on October 21, 2017.
III. Discussion of Proposed Rule
This proposed operating regulation
will allow the bridge to be operated
remotely from the bridge owner’s South
Jersey dispatch center in Mount Laurel,
NJ. The remote operation system will
include eight camera views (four marine
and four rail), two forward-looking
infrared equipped camera views
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(marine), marine radar, a dedicated
telephone line for bridge operations,
radio telephone on VHF–FM channels
13 and 16, and an automated
identification system (AIS) transmitter
to provide bridge status. The AIS
transmitter has been installed on the
New Jersey side of the bridge at the
bridge and land intersection in
approximate position 39°58′50.52″ N.
(39.9807), 75°03′58.75″ W. (¥75.06632).
The AIS transmitter is assigned
maritime mobile service identity
(MMSI) number 993663001 and will
provide the status of the bridge (open/
closed/inoperative) via the name
transmitted by the private aids to
navigation as DELAIR BRG–OPEN (fully
open and locked position, channel light
green), DELAIR BRG–CLOSED (other
than fully open, not inoperative), or
DELAIR BRG–INOP (other than fully
open, inoperative). The AIS transmitter
will transmit the bridge status every two
minutes and upon a change in the
bridge status.
The remote operation system is
designed to provide equal or greater
capabilities compared to the on-site
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73
54
80
55
60
60
122
112
143
109
100
100
89
3
Maximum
openings
88
56
94
68
67
71
162
138
201
117
116
122
201
7
bridge tender in visibility of the
waterway and bridge and in signals
(communications) via sound and visual
signals and radio telephone (voice) via
VHF–FM channels 13 and 16. The
remote operation system also
incorporates real-time bridge status via
AIS signal to aid mariners in voyage
planning and navigational decisionmaking, a dedicated telephone line
(856) 231–2301 for bridge operations,
and push-to-talk (PTT) capability on
VHF–FM channel 13.
The signals for the remote operation
center or on-site bridge tender to
respond to a sound signal for a bridge
opening will include: (1) When the
draw can be opened immediately—a
sound signal of one prolonged blast
followed by one short blast and
illumination of a fixed white light not
more than 30 seconds after the
requesting signal, and (2) when the
draw cannot be opened immediately—
five short blasts sounded in rapid
succession and illumination of a fixed
red light not more 30 seconds after the
vessel’s opening signal. The signals for
the remote operation center or on-site
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules
bridge tender to respond to a visual
signal for a bridge opening will include:
(1) When the draw can be opened
immediately—illumination of a fixed
white light not more than 30 seconds
after the requesting signal, and (2) when
the draw cannot be opened
immediately—illumination of a fixed
red light not more than 30 seconds after
the vessel’s opening signal. The fixed
white light will remain illuminated
until the bridge reaches the fully open
position. The fixed white and red lights
will be positioned on the east (New
Jersey) bridge abutment adjacent to the
navigation span.
Vessels that require an opening shall
continue to request an opening via the
methods defined in 33 CFR 117.15(b)
through (d) (sound or visual signals or
radio telephone (VHF–FM) voice
communications), via telephone at (856)
231–2301, or via push-to-talk (PTT) on
VHF–FM channel 13. Vessels may push
the PTT button five times while on
VHF–FM channel 13 to request an
opening.
The remote operation system will be
considered in a failed condition and
qualified personnel will return and
operate the bridge within 60 minutes if
any of the following conditions are
found: (1) The remote operation system
becomes incapable of safely and
effectively operating the bridge from the
remote operation center, (2) visibility of
the waterway or bridge is degraded to
less than equal that of an on-site bridge
tender (all eight camera views are
required), (3) signals (communications)
via sound or visual signals or radio
telephone (voice) via VHF–FM channels
13 or 16 become inoperative, or (4) AIS
becomes inoperative.
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IV. 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 and Executive
Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This NPRM has not
been designated a ‘‘significant
regulatory action’’ under Executive
Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of
Management and Budget (OMB), and
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pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
The determination that this NPRM is
not a significant regulatory action is
based on the findings that: (1) Vessels
will continue to transit the bridge in
accordance with 33 CFR 117.716, (2) the
remote operation system is designed to
provide equal or greater capabilities
compared to the on-site bridge tender,
and (3) the bridge owner will be capable
of restoring on-site operation of the
bridge within 60 minutes if the remote
operation system fails.
B. 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.
There are no known adverse impacts to
any entities related to this proposed
rule, given no aspects of the remote
operating system for the bridge will
create any burdens on any entity as
described in section IV.A above. The
incorporation of the automated
identification system (AIS) capability
into the remote operation system is
expected to aid mariners who have AIS
capability or access to computer-based
AIS data in safely navigating through
the bridge by providing real-time bridge
status.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies, and how, and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. 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 section above. The Coast Guard
will not retaliate against small entities
that question or complain about this
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proposed rule or any policy or action of
the Coast Guard.
C. 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.).
D. Federalism and Indian Tribal
Government
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 is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
Also, 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. If
you believe this proposed rule has
implications for federalism or Indian
tribes, please contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (Act) (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.
F. 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
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules
actions which do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule simply promulgates the operating
regulations or procedures for
drawbridges. Normally, such actions are
categorically excluded from further
review under figure 2–1, paragraph
(32)(e), of the Instruction.
A preliminary Record of
Environmental Consideration and a
Memorandum for the Record 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.
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G. 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 their
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
V. Public Participation and Request for
Comments
We view public participation as
essential to effective rulemaking and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, you may review a Privacy
Act notice regarding the Federal Docket
Management System in the March 24,
2005, issue of the Federal Register (70
FR 15086).
Documents mentioned in this notice
of proposed rulemaking and all public
comments are in our online docket at
https://www.regulations.gov and can be
viewed by following that Web site’s
instructions. Additionally, if you go to
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the online docket and sign up for email
alerts, you will be notified when
comments are posted or a final rule is
published.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
■
2. Revise § 117.716 to read as follows:
§117.716
Delaware River.
(a) The following apply to all
drawbridges across the Delaware River:
(1) The draws of railroad bridges need
not be opened when there is a train in
the bridge block approaching the bridge
with the intention of crossing or within
five minutes of the known time of the
passage of a scheduled passenger train.
(2) The opening of a bridge may not
be delayed more than five minutes for
a highway bridge or 10 minutes for a
railroad bridge after the signal to open
is given.
(3) The owners of drawbridges shall
provide and keep in good legible
condition two board gages painted
white with black figures not less than
six inches high to indicate the vertical
clearance under the closed draw at all
stages of the tide. The gages shall be so
placed on the bridge that they are
plainly visible to operators of vessels
approaching the bridge either up or
downstream.
(b) The draw of the Conrail Memorial
Railroad Bridge, mile 104.6, at
Pennsauken Township, NJ shall be
operated as follows:
(1) The bridge will be remotely
operated from the Conrail South Jersey
dispatch center in Mount Laurel, NJ
unless the remote operation system is in
a failed condition.
(2) An AIS transmitter has been
installed on the New Jersey side of the
bridge at the bridge and land
intersection in approximate position
39°58′50.52″ N. (39.9807), 75°03′58.75″
(-75.06632). The AIS transmitter is
assigned maritime mobile service
identity (MMSI) number 993663001.
The status of the bridge (open/closed/
inoperative) will be provided via the
name transmitted by the AIS private
aids to navigation as DELAIR BRG–
OPEN (fully open and locked position,
channel light green), DELAIR BRG–
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29803
CLOSED (other than fully open, not
inoperative), or DELAIR BRG–INOP
(other than fully open, inoperative). The
AIS transmitter will transmit the bridge
status every two minutes and upon a
change in the bridge status.
(3) The remote operation system will
be considered in a failed condition and
qualified personnel will return and
operate the bridge within 60 minutes if
any of the following conditions are
found:
(i) The remote operation system
becomes incapable of safely and
effectively operating the bridge from the
remote operation center; or
(ii) Visibility of the waterway or
bridge is degraded to less than equal
that of an on-site bridge tender; or
(iii) Signals (communications) via
sound or visual signals or radio
telephone (voice) via VHF–FM channels
13 or 16 become inoperative; or
(iv) AIS becomes inoperative.
(4) Vessels that require an opening
shall continue to request an opening via
the methods defined in § 117.15(b)
through (d) (sound or visual signals or
radio telephone (VHF–FM) voice
communications), via telephone at (856)
231–2301, or via push-to-talk (PTT) on
VHF–FM channel 13. Vessels may push
the PTT button five times while on
VHF–FM channel 13 to request an
opening.
(5) The signals for the remote
operation center or on-site bridge tender
to respond to a sound signal for a bridge
opening include:
(i) When the draw can be opened
immediately—a sound signal of one
prolonged blast followed by one short
blast and illumination of a fixed white
light not more than 30 seconds after the
requesting signal; or
(ii) When the draw cannot be opened
immediately—five short blasts sounded
in rapid succession and illumination of
a fixed red light not more 30 seconds
after the vessel’s opening signal.
(6) The signals for the remote
operation center or on-site bridge tender
to respond to a visual signal for a bridge
opening include:
(i) When the draw can be opened
immediately—illumination of a fixed
white light not more than 30 seconds
after the requesting signal; or
(ii) When the draw cannot be opened
immediately—illumination of a fixed
red light not more 30 seconds after the
vessel’s opening signal.
(7) The fixed white light will remain
illuminated until the bridge reaches the
fully open position. The fixed white and
red lights will be positioned on the east
(New Jersey) bridge abutment adjacent
to the navigation span.
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Dated: June 19, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 2017–13857 Filed 6–29–17; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2017–10]
Exemptions To Permit Circumvention
of Access Controls on Copyrighted
Works
U.S. Copyright Office, Library
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ACTION: Notice of inquiry and request for
petitions.
AGENCY:
The United States Copyright
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rulemaking proceeding under the Digital
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rulemaking (i.e., three rounds of written
comment, followed by public hearings).
DATES: Written petitions for renewal of
current exemptions must be received no
later than 11:59 p.m. Eastern Time on
July 31, 2017. Written comments in
response to any petitions for renewal
must be received no later than 11:59
p.m. Eastern Time on September 13,
2017. Written petitions for new
exemptions must be received no later
than 11:59 p.m. Eastern Time on
September 13, 2017.
mstockstill on DSK30JT082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
15:56 Jun 29, 2017
Jkt 241001
Written petitions for
renewal of current exemptions must be
completed using the form provided on
the Office’s Web site at https://
www.copyright.gov/1201/2018/renewalpetition.pdf. Written petitions proposing
new exemptions must be completed
using the form provided on the Office’s
Web site at https://www.copyright.gov/
1201/2018/new-petition.pdf. The
Copyright Office is using the
regulations.gov system for the
submission and posting of public
petitions and comments in this
proceeding. All petitions and comments
are therefore to be submitted
electronically through regulations.gov.
Specific instructions for submitting
petitions and comments are available on
the Copyright Office Web site at https://
www.copyright.gov/1201/2018. If
electronic submission is not feasible,
please contact the Office using the
contact information below for special
instructions.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, Deputy General
Counsel, by email at resm@loc.gov,
Anna Chauvet, Assistant General
Counsel, by email at achau@loc.gov, or
Jason E. Sloan, Attorney-Advisor, by
email at jslo@loc.gov. Each can be
contacted by telephone by calling (202)
707–8350.
SUPPLEMENTARY INFORMATION:
I. The Digital Millennium Copyright Act
and Section 1201
The Digital Millennium Copyright Act
(‘‘DMCA’’) 1 has played a pivotal role in
the development of the modern digital
economy. Enacted by Congress in 1998
to implement the United States’
obligations under two international
treaties,2 the DMCA was intended to
foster the growth and development of a
thriving, innovative, and flexible digital
marketplace by making digital networks
safe places to disseminate and use
copyrighted materials.3 It did this by,
among other things, ensuring adequate
legal protections for copyrighted content
to ‘‘support new ways of disseminating
copyrighted materials to users, and to
safeguard the availability of legitimate
1 Public
Law 105–304, 112 Stat. 2860 (1998).
Copyright Treaty, Dec. 20, 1996, 36 I.L.M.
65 (1997); WIPO Performances and Phonograms
Treaty, Dec. 20, 1996, 36 I.L.M. 76 (1997).
3 See Staff of H. Comm. on the Judiciary, 105th
Cong., Section-by-Section Analysis of H.R. 2281 as
Passed by the United States House of
Representatives on August 4th, 1998, at 2, 6 (Comm.
Print 1998) (‘‘House Manager’s Report’’); H.R. Rep.
No. 105–551, pt. 2, at 21, 23 (1998); H.R. Rep. No.
105–551, pt. 1, at 10 (1998); S. Rep. No. 105–190,
at 1–2, 8–9 (1998).
2 WIPO
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
uses of those materials by
individuals.’’ 4
These protections, codified in section
1201 of title 17, United States Code, as
envisioned by Congress, seek to balance
the interests of copyright owners and
users, including the personal interests of
consumers, in the digital environment.5
Section 1201 does this by protecting the
use of technological measures (also
called technological protection
measures or TPMs) used by copyright
owners to prevent unauthorized access
to or use of their works.6 Section 1201
contains three separate protections for
TPMs. First, it prohibits circumvention
of technological measures employed by
or on behalf of copyright owners to
protect access to their works (also
known as access controls). Access
controls include, for example, a
password requirement limiting access to
a Web site to paying customers, or
authentication codes in video game
consoles to prevent the playing of
pirated copies. Second, the statute
prohibits trafficking in devices or
services primarily designed to
circumvent access controls. Finally, it
prohibits trafficking in devices or
services primarily designed to
circumvent TPMs used to protect the
copyright rights of the owner of a work
(also known as copy controls). Copy
controls protect against unauthorized
uses of a copyrighted work once access
has been lawfully obtained. They
include, for example, technology
preventing the copying of an e-book
after it has been downloaded to a user’s
device. Because title 17 already forbids
copyright infringement, there is no
corresponding ban on the act of
circumventing a copy control.7 These
prohibitions supplement the preexisting
rights of copyright owners under the
Copyright Act of 1976 by establishing
separate and distinct causes of action
independent of any infringement of
copyright.8
At the same time, section 1201
contains a number of discrete, statutory
exemptions to these prohibitions, to
avoid curtailing legitimate activities
such as security testing, law
enforcement activities, or the protection
of personally identifying information.9
In addition, to accommodate changing
marketplace realities and ensure that
access to copyrighted works for lawful
4 House
Manager’s Report at 6.
H.R. Rep. No. 105–551, pt. 2, at 26.
6 17 U.S.C. 1201(a)–(b).
7 S. Rep. No. 105–190, at 12.
8 U.S. Copyright Office, Section 1201 of Title 17,
at i, iii, 43–45 (June 2017), https://
www.copyright.gov/policy/1201/section-1201-fullreport.pdf (‘‘Section 1201 Study’’).
9 17 U.S.C. 1201(d)–(j).
5 See
E:\FR\FM\30JNP1.SGM
30JNP1
]]>Agencies
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Proposed Rules]
[Pages 29800-29804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13857]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2016-0257]
RIN 1625-AA09
Drawbridge Operation Regulation; Delaware River, Pennsauken
Township, NJ
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to modify the operating regulation
that governs the DELAIR Memorial Railroad Bridge across the Delaware
River, mile 104.6, at Pennsauken Township, NJ. This proposed regulation
will allow the bridge to be remotely operated from the Conrail South
Jersey dispatch center in Mount Laurel, NJ, instead of being operated
by an on-site bridge tender. This regulation will not change the
operating schedule of the bridge.
DATES: Comments and related material must reach the Coast Guard on or
before August 18, 2017.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0257 using Federal eRulemaking Portal at https://www.regulations.gov.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
[[Page 29801]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb);
telephone (757) 398-6222, email Hal.R.Pitts@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose and Legal Basis
The DELAIR Memorial Railroad Bridge across the Delaware River, mile
104.6, at Pennsauken Township, NJ, owned and operated by Conrail Shared
Assets, has a vertical clearance of 49 feet above mean high water in
the closed-to-navigation position. There is a daily average of 28 New
Jersey Transit trains and eight Conrail freight trains that cross the
bridge and a daily average of three bridge openings that allow one or
more vessels to transit through the bridge during each opening. The
bridge is normally maintained in the closed position due to the average
daily number of trains crossing the bridge. The operating schedule is
published in 33 CFR 117.716. This current operating schedule has been
in effect since 1984 and will not change with the implementation of
remote operation of the bridge. However, within this proposed operating
schedule, Sec. 117.716 will be restructured from its current
configuration to clearly distinguish the remote operation of the DELAIR
Memorial Railroad Bridge. This proposed operating regulation allows the
bridge to be operated remotely from the bridge owner's South Jersey
dispatch center in Mount Laurel, NJ.
The Delaware River is used by a variety of vessels, including deep
draft commercial vessels, tug and barge traffic, recreational vessels,
and public vessels, including military vessels of various sizes. The
three-year average number of bridge openings and maximum number of
bridge openings by month and overall for 2013 through 2015, as drawn
from the data contained in the bridge tender logs, is presented below.
------------------------------------------------------------------------
Average Maximum
Month openings openings
------------------------------------------------------------------------
January................................. 73 88
February................................ 54 56
March................................... 80 94
April................................... 55 68
May..................................... 60 67
June.................................... 60 71
July.................................... 122 162
August.................................. 112 138
September............................... 143 201
October................................. 109 117
November................................ 100 116
December................................ 100 122
Monthly................................. 89 201
Daily................................... 3 7
------------------------------------------------------------------------
The bridge owner and the maritime community have been working
together since 2013 in an effort to incorporate sensors and other
technologies into the bridge and the Conrail South Jersey dispatch
center to allow for the safe and effective remote operation of the
bridge.
On April 12, 2017, the Coast Guard published a temporary deviation
entitled ``Drawbridge Operation Regulation; Delaware River, Pennsauken
Township, NJ'' in the Federal Register (82 FR 17561). This test
deviation allows the bridge to be operated remotely from the bridge
owner's South Jersey dispatch center in Mount Laurel, NJ. This test
deviation is effective from 8 a.m. on April 24, 2017, to 7:59 a.m. on
October 21, 2017.
III. Discussion of Proposed Rule
This proposed operating regulation will allow the bridge to be
operated remotely from the bridge owner's South Jersey dispatch center
in Mount Laurel, NJ. The remote operation system will include eight
camera views (four marine and four rail), two forward-looking infrared
equipped camera views (marine), marine radar, a dedicated telephone
line for bridge operations, radio telephone on VHF-FM channels 13 and
16, and an automated identification system (AIS) transmitter to provide
bridge status. The AIS transmitter has been installed on the New Jersey
side of the bridge at the bridge and land intersection in approximate
position 39[deg]58'50.52'' N. (39.9807), 75[deg]03'58.75'' W. (-
75.06632). The AIS transmitter is assigned maritime mobile service
identity (MMSI) number 993663001 and will provide the status of the
bridge (open/closed/inoperative) via the name transmitted by the
private aids to navigation as DELAIR BRG-OPEN (fully open and locked
position, channel light green), DELAIR BRG-CLOSED (other than fully
open, not inoperative), or DELAIR BRG-INOP (other than fully open,
inoperative). The AIS transmitter will transmit the bridge status every
two minutes and upon a change in the bridge status.
The remote operation system is designed to provide equal or greater
capabilities compared to the on-site bridge tender in visibility of the
waterway and bridge and in signals (communications) via sound and
visual signals and radio telephone (voice) via VHF-FM channels 13 and
16. The remote operation system also incorporates real-time bridge
status via AIS signal to aid mariners in voyage planning and
navigational decision-making, a dedicated telephone line (856) 231-2301
for bridge operations, and push-to-talk (PTT) capability on VHF-FM
channel 13.
The signals for the remote operation center or on-site bridge
tender to respond to a sound signal for a bridge opening will include:
(1) When the draw can be opened immediately--a sound signal of one
prolonged blast followed by one short blast and illumination of a fixed
white light not more than 30 seconds after the requesting signal, and
(2) when the draw cannot be opened immediately--five short blasts
sounded in rapid succession and illumination of a fixed red light not
more 30 seconds after the vessel's opening signal. The signals for the
remote operation center or on-site
[[Page 29802]]
bridge tender to respond to a visual signal for a bridge opening will
include: (1) When the draw can be opened immediately--illumination of a
fixed white light not more than 30 seconds after the requesting signal,
and (2) when the draw cannot be opened immediately--illumination of a
fixed red light not more than 30 seconds after the vessel's opening
signal. The fixed white light will remain illuminated until the bridge
reaches the fully open position. The fixed white and red lights will be
positioned on the east (New Jersey) bridge abutment adjacent to the
navigation span.
Vessels that require an opening shall continue to request an
opening via the methods defined in 33 CFR 117.15(b) through (d) (sound
or visual signals or radio telephone (VHF-FM) voice communications),
via telephone at (856) 231-2301, or via push-to-talk (PTT) on VHF-FM
channel 13. Vessels may push the PTT button five times while on VHF-FM
channel 13 to request an opening.
The remote operation system will be considered in a failed
condition and qualified personnel will return and operate the bridge
within 60 minutes if any of the following conditions are found: (1) The
remote operation system becomes incapable of safely and effectively
operating the bridge from the remote operation center, (2) visibility
of the waterway or bridge is degraded to less than equal that of an on-
site bridge tender (all eight camera views are required), (3) signals
(communications) via sound or visual signals or radio telephone (voice)
via VHF-FM channels 13 or 16 become inoperative, or (4) AIS becomes
inoperative.
IV. 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 and Executive Orders, and we discuss
First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
The determination that this NPRM is not a significant regulatory
action is based on the findings that: (1) Vessels will continue to
transit the bridge in accordance with 33 CFR 117.716, (2) the remote
operation system is designed to provide equal or greater capabilities
compared to the on-site bridge tender, and (3) the bridge owner will be
capable of restoring on-site operation of the bridge within 60 minutes
if the remote operation system fails.
B. 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. There are no known adverse
impacts to any entities related to this proposed rule, given no aspects
of the remote operating system for the bridge will create any burdens
on any entity as described in section IV.A above. The incorporation of
the automated identification system (AIS) capability into the remote
operation system is expected to aid mariners who have AIS capability or
access to computer-based AIS data in safely navigating through the
bridge by providing real-time bridge status.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies, and how, and to what
degree this rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. 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
section 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.
C. 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.).
D. Federalism and Indian Tribal Government
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 is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (Act) (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.
F. 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
[[Page 29803]]
actions which do not individually or cumulatively have a significant
effect on the human environment. This proposed rule simply promulgates
the operating regulations or procedures for drawbridges. Normally, such
actions are categorically excluded from further review under figure 2-
1, paragraph (32)(e), of the Instruction.
A preliminary Record of Environmental Consideration and a
Memorandum for the Record 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.
G. 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
their message can be received without jeopardizing the safety or
security of people, places, or vessels.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this notice of proposed rulemaking and all
public comments are in our online docket at https://www.regulations.gov
and can be viewed by following that Web site's instructions.
Additionally, if you go to the online docket and sign up for email
alerts, you will be notified when comments are posted or a final rule
is published.
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; and Department of
Homeland Security Delegation No. 0170.1.
0
2. Revise Sec. 117.716 to read as follows:
Sec. 117.716 Delaware River.
(a) The following apply to all drawbridges across the Delaware
River:
(1) The draws of railroad bridges need not be opened when there is
a train in the bridge block approaching the bridge with the intention
of crossing or within five minutes of the known time of the passage of
a scheduled passenger train.
(2) The opening of a bridge may not be delayed more than five
minutes for a highway bridge or 10 minutes for a railroad bridge after
the signal to open is given.
(3) The owners of drawbridges shall provide and keep in good
legible condition two board gages painted white with black figures not
less than six inches high to indicate the vertical clearance under the
closed draw at all stages of the tide. The gages shall be so placed on
the bridge that they are plainly visible to operators of vessels
approaching the bridge either up or downstream.
(b) The draw of the Conrail Memorial Railroad Bridge, mile 104.6,
at Pennsauken Township, NJ shall be operated as follows:
(1) The bridge will be remotely operated from the Conrail South
Jersey dispatch center in Mount Laurel, NJ unless the remote operation
system is in a failed condition.
(2) An AIS transmitter has been installed on the New Jersey side of
the bridge at the bridge and land intersection in approximate position
39[deg]58'50.52'' N. (39.9807), 75[deg]03'58.75'' (-75.06632). The AIS
transmitter is assigned maritime mobile service identity (MMSI) number
993663001. The status of the bridge (open/closed/inoperative) will be
provided via the name transmitted by the AIS private aids to navigation
as DELAIR BRG-OPEN (fully open and locked position, channel light
green), DELAIR BRG-CLOSED (other than fully open, not inoperative), or
DELAIR BRG-INOP (other than fully open, inoperative). The AIS
transmitter will transmit the bridge status every two minutes and upon
a change in the bridge status.
(3) The remote operation system will be considered in a failed
condition and qualified personnel will return and operate the bridge
within 60 minutes if any of the following conditions are found:
(i) The remote operation system becomes incapable of safely and
effectively operating the bridge from the remote operation center; or
(ii) Visibility of the waterway or bridge is degraded to less than
equal that of an on-site bridge tender; or
(iii) Signals (communications) via sound or visual signals or radio
telephone (voice) via VHF-FM channels 13 or 16 become inoperative; or
(iv) AIS becomes inoperative.
(4) Vessels that require an opening shall continue to request an
opening via the methods defined in Sec. 117.15(b) through (d) (sound
or visual signals or radio telephone (VHF-FM) voice communications),
via telephone at (856) 231-2301, or via push-to-talk (PTT) on VHF-FM
channel 13. Vessels may push the PTT button five times while on VHF-FM
channel 13 to request an opening.
(5) The signals for the remote operation center or on-site bridge
tender to respond to a sound signal for a bridge opening include:
(i) When the draw can be opened immediately--a sound signal of one
prolonged blast followed by one short blast and illumination of a fixed
white light not more than 30 seconds after the requesting signal; or
(ii) When the draw cannot be opened immediately--five short blasts
sounded in rapid succession and illumination of a fixed red light not
more 30 seconds after the vessel's opening signal.
(6) The signals for the remote operation center or on-site bridge
tender to respond to a visual signal for a bridge opening include:
(i) When the draw can be opened immediately--illumination of a
fixed white light not more than 30 seconds after the requesting signal;
or
(ii) When the draw cannot be opened immediately--illumination of a
fixed red light not more 30 seconds after the vessel's opening signal.
(7) The fixed white light will remain illuminated until the bridge
reaches the fully open position. The fixed white and red lights will be
positioned on the east (New Jersey) bridge abutment adjacent to the
navigation span.
[[Page 29804]]
Dated: June 19, 2017.
M.L. Austin,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 2017-13857 Filed 6-29-17; 8:45 am]
BILLING CODE 9110-04-P
