Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ, 48419-48420 [2017-22639]

Download as PDF Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a special local regulation lasting twelve hours on one day extending less than five miles of the Clinch River from MM 49.5 to MM 54.0. It is categorically excluded from further review under paragraph 34(h) of Figure 2–1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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 your message can be received without jeopardizing the safety or security of people, places or vessels. ethrower on DSK3G9T082PROD with RULES List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C. 1233. 2. Add § 100.35T08–0858 to read as follows: ■ VerDate Sep<11>2014 16:09 Oct 17, 2017 Jkt 244001 § 100.35T08–0858 Special Local Regulation; Clinch River, Oak Ridge, TN. (a) Location. All navigable waters of the Clinch River between mile marker (MM) 49.5 and MM 54.0, Oak Ridge, TN. (b) Effective period. This section will be enforced from 6 a.m. through 6 p.m. on October 21, 2017. (c) Special local regulations. (1) Entry into this area is prohibited unless authorized by Captain of the Port Sector Ohio Valley (COTP) or a designated representative. (2) Persons or vessels desiring entry into or passage through the area must request permission from the COTP or a designated representative. U.S. Coast Guard Sector Ohio Valley may be contacted on VHF Channel 13 or 16 or by telephone at 1–800–253–7465. (d) Informational broadcasts. The COTP or a designated representative will inform the public through broadcast notices to mariners of the enforcement period for the special local regulation, as well as any changes in the dates and times of enforcement. Dated: October 10, 2017. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley. [FR Doc. 2017–22595 Filed 10–17–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–0257] Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ Coast Guard, DHS. Notice of temporary deviation from regulations; request for comments. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This deviation will test the remote operation capability of the drawbridge to determine whether the bridge can be safely operated from a remote location. This deviation 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. SUMMARY: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 48419 This deviation is effective from 8 a.m. on October 21, 2017 through 7:59 a.m. on April 19, 2018. Comments and related material must reach the Coast Guard on or before January 15, 2018. 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. FOR FURTHER INFORMATION CONTACT: If you have questions on this test deviation, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); telephone (757) 398–6222, email Hal.R.Pitts@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Background, Purpose and Legal Basis On April 12, 2017, we published a notice in the Federal Register entitled, ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ announcing a temporary deviation from the regulations, with request for comments (see 82 FR 17562). The purpose of the deviation was to test the newly installed remote operational capabilities of the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ, owned and operated by Conrail Shared Assets. The installation of the remote capabilities did not change the operational schedule of the bridge.1 During the initial test deviation performed from 8 a.m. on April 24, 2017, through 7:59 a.m. on October 21, 2017, the bridge owner identified deficiencies in the remote operation center procedures, bridge to vessel communications, and equipment redundancy. Comments concerning these deficiencies were submitted to the docket and provided to the Coast Guard and bridge owner by representatives from the Mariners’ Advisory Committee for the Bay and River Delaware. During the initial test deviation, we also published a notice of proposed rulemaking (NPRM) in the Federal Register, entitled, ‘‘Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ’’ (see 82 FR 29800). In the NPRM, we stated that we are proposing to modify the operating regulation that governs the DELAIR 1 A full description of the remote operational system is outlined in the aforementioned publication, which can be found at https:// regulations.gov. (see ADDRESSES for more information). E:\FR\FM\18OCR1.SGM 18OCR1 48420 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This proposed regulation would 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. In the NPRM, we also stated we would not change the operating schedule of the bridge. The comment period for the notice and NPRM closed on August 18, 2017, and we received a total of fourteen comments. The Coast Guard will adjudicate all comments at the completion of this test. The bridge owner implemented policies and provided training to address the procedural and communications deficiencies and implemented backup systems to mitigate potential equipment and systems failures. These changes were not fully evaluated during the test deviation ending October 21, 2017. Therefore, the Coast Guard has decided to issue a second test deviation to complete the evaluation of the changes incorporated into the remote operation system. This test deviation will commence at 8 a.m. on October 21, 2017, and conclude at 7:59 a.m. on April 19, 2018. During the test deviation, a bridge tender will be stationed on-site at the bridge and will be able to immediately take local control of the bridge, as required. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to normal local operation at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. ethrower on DSK3G9T082PROD with RULES II. 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. VerDate Sep<11>2014 16:09 Oct 17, 2017 Jkt 244001 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, visit https:// www.regulations.gov/privacynotice. Documents mentioned in this notice as being available in this docket and all public comments, will be 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. Dated: October 13, 2017. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2017–22639 Filed 10–17–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2017–0817] RIN 1625–AA00 Safety Zone; Cumberland River, Nashville, TN Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all navigable waters of the Cumberland River extending from mile marker (MM) 190.7 to MM 191.1. This action is necessary to provide for the safety of life on these navigable waters near Nashville, TN, during the Light the Night Walk fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Ohio Valley or a designated representative. SUMMARY: This rule is effective from 8:15 p.m. through 8:30 p.m. on October 20, 2017. DATES: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0817 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. ADDRESSES: If you have questions about this proposed rulemaking, call or email Petty Officer Jonathan Braddy, MSD Nashville, U.S. Coast Guard; telephone 615–736–5421, email Jonathan.G.Braddy@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port, Sector Ohio Valley DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish this safety zone by October 20, 2017 because of the safety issues involved and there is insufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Delaying this rule would be contrary to public interest in ensuring the safety of spectators and vessels during the event because immediate action is necessary to prevent possible loss of life and property. Broadcast Notices to Mariners (BNM) and sharing information with the waterway users will update mariners of the restrictions, requirements, and enforcement times during this temporary situation. E:\FR\FM\18OCR1.SGM 18OCR1

Agencies

[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48419-48420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22639]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0257]


Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has issued a temporary deviation from the 
operating schedule that governs the DELAIR Memorial Railroad Bridge 
across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This 
deviation will test the remote operation capability of the drawbridge 
to determine whether the bridge can be safely operated from a remote 
location. This deviation 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.

DATES: This deviation is effective from 8 a.m. on October 21, 2017 
through 7:59 a.m. on April 19, 2018.
    Comments and related material must reach the Coast Guard on or 
before January 15, 2018.

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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this test 
deviation, 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. Background, Purpose and Legal Basis

    On April 12, 2017, we published a notice in the Federal Register 
entitled, ``Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ'' announcing a temporary deviation from the regulations, 
with request for comments (see 82 FR 17562). The purpose of the 
deviation was to test the newly installed remote operational 
capabilities of the DELAIR Memorial Railroad Bridge across the Delaware 
River, mile 104.6, at Pennsauken Township, NJ, owned and operated by 
Conrail Shared Assets. The installation of the remote capabilities did 
not change the operational schedule of the bridge.\1\
---------------------------------------------------------------------------

    \1\ A full description of the remote operational system is 
outlined in the aforementioned publication, which can be found at 
https://regulations.gov. (see ADDRESSES for more information).
---------------------------------------------------------------------------

    During the initial test deviation performed from 8 a.m. on April 
24, 2017, through 7:59 a.m. on October 21, 2017, the bridge owner 
identified deficiencies in the remote operation center procedures, 
bridge to vessel communications, and equipment redundancy. Comments 
concerning these deficiencies were submitted to the docket and provided 
to the Coast Guard and bridge owner by representatives from the 
Mariners' Advisory Committee for the Bay and River Delaware.
    During the initial test deviation, we also published a notice of 
proposed rulemaking (NPRM) in the Federal Register, entitled, 
``Drawbridge Operation Regulation; Delaware River, Pennsauken Township, 
NJ'' (see 82 FR 29800). In the NPRM, we stated that we are proposing to 
modify the operating regulation that governs the DELAIR

[[Page 48420]]

Memorial Railroad Bridge across the Delaware River, mile 104.6, at 
Pennsauken Township, NJ. This proposed regulation would 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. In the NPRM, we also stated we would not change the 
operating schedule of the bridge. The comment period for the notice and 
NPRM closed on August 18, 2017, and we received a total of fourteen 
comments. The Coast Guard will adjudicate all comments at the 
completion of this test.
    The bridge owner implemented policies and provided training to 
address the procedural and communications deficiencies and implemented 
backup systems to mitigate potential equipment and systems failures. 
These changes were not fully evaluated during the test deviation ending 
October 21, 2017. Therefore, the Coast Guard has decided to issue a 
second test deviation to complete the evaluation of the changes 
incorporated into the remote operation system.
    This test deviation will commence at 8 a.m. on October 21, 2017, 
and conclude at 7:59 a.m. on April 19, 2018. During the test deviation, 
a bridge tender will be stationed on-site at the bridge and will be 
able to immediately take local control of the bridge, as required.
    The Coast Guard will also inform the users of the waterways through 
our Local and Broadcast Notices to Mariners of the change in operating 
schedule for the bridge so that vessel operators can arrange their 
transits to minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
normal local operation at the end of the effective period of this 
temporary deviation. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

II. 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, visit https://www.regulations.gov/privacynotice.
    Documents mentioned in this notice as being available in this 
docket and all public comments, will be 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.

    Dated: October 13, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2017-22639 Filed 10-17-17; 8:45 am]
 BILLING CODE 9110-04-P
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