Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ, 59307-59312 [2018-25544]
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Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations
(2) Surrogacy. Surrogacy is a feature
that allows an individual who may not
be affiliated with the DoD and who may
not be related to the DS Logon
credential holder or eligible individual
by a DoD-recognized family relationship
to be granted access to a DS Logon
credential holder’s or an eligible
individual’s information. A surrogate
may be established as the custodian of
a deceased Service member’s unmarried
minor child(ren) who is under 18, who
is at least 18 but under 23 and attending
school full-time, or who is
incapacitated. A surrogate may also be
established as the agent of an
incapacitated dependent (e.g., spouse,
parent) or of a wounded, ill, or
incapacitated Service member.
(i) Eligibility. An operator must first
establish an identity in DEERS before
establishing the surrogacy association in
DS Logon. To establish a surrogate
association, the surrogate must present
to an operator for approval:
(A) A completed and signed DD Form
3005, ‘‘Application for Surrogate
Association for DoD Self-Service (DS)
Logon.’’
(B) Any additional eligibility
documents required by the DD Form
3005 which describe the scope of the
surrogate’s authority.
(C) Proof of identity, in accordance
with the requirements for in-person
proofing in paragraph (c)(1)(iii) of this
section.
(ii) Types of surrogates—(A) Financial
agent (FA). An eligible individual
names an FA to assist with specific
financial matters.
(B) Legal agent (LA). An eligible
individual names an LA to assist with
legal matters.
(C) Caregiver (CG). An eligible
individual names a CG to assist with
general health care requirements
(example, viewing general health-care
related information, scheduling
appointments, refilling prescriptions,
and tracking medical expenses), but
does not make health care decisions.
(D) Health care agent (HA). An
eligible individual (the patient) names
an HA in a durable power of attorney for
health care documents to make health
care decisions.
(E) Legal guardian (LG). An LG is
appointed by a court of competent
jurisdiction in the United States (or
jurisdiction of the United States) to
make legal decisions for an eligible
individual.
(F) Special guardian (SG). An SG is
appointed by a court of competent
jurisdiction in the United States (or
jurisdiction of the United States) for the
specific purpose of making health care-
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related decisions for an eligible
individual.
(e) Permissions. A sponsor, a
sponsor’s spouse, and a sponsor’s
dependent over the age of 18 can
manage who has access to their
information (i.e., who has access to view
and edit their information and who is
eligible to act on their behalf). The
provisions of this section may be
superseded by order of a court of
competent jurisdiction.
(1) Sponsor access. Sponsors will
automatically have access to the
information of all dependents under the
age of 18.
(2) Spousal access—(i) Automatic. A
sponsor’s spouse will automatically
have access to the information of all
dependent children under the age of 18
whose relationship to the sponsor began
on or after the date of marriage of the
sponsor and sponsor’s spouse.
(ii) Sponsor-granted. The sponsor may
grant the sponsor’s spouse access to the
information of dependent children
under the age of 18 whose relationship
to the sponsor began before the date of
marriage of the sponsor and the
sponsor’s spouse.
(3) Granted access. A sponsor, a
sponsor’s spouse, and a sponsor’s
dependent over the age of 18 may grant
access to their information via the My
Access Center website in accordance
with paragraph (c)(3) of this section.
Surrogate access to the information of a
sponsor, a sponsor’s spouse, and a
sponsor’s dependent (regardless of age)
must be granted via in-person proofing,
including the submission of eligibility
documents to an operator for approval
in accordance with paragraph (d)(2) of
this section.
(i) Access granting by a sponsor.
Sponsors may grant their spouse access
to the sponsor’s information and the
information of any sponsor’s
dependents under the age of 18. Access
to the sponsor’s information and the
information of any sponsor’s
dependents under the age of 18 may not
be granted to any other sponsor’s
dependent, unless that dependent has
been identified as a surrogate.
(ii) Access granting by a spouse.
Spouses may grant the sponsor access to
the spouse’s information. Access to the
spouse’s information may not be granted
to any other sponsor’s dependent,
unless that sponsor’s dependent has
been identified as a surrogate.
(iii) Access granting by a dependent
over 18. A sponsor’s dependent over the
age of 18 may grant the sponsor and the
sponsor’s spouse access to the
dependent’s information. Access to the
information of a sponsor’s dependent
over the age of 18 may not be granted
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to any other sponsor’s dependent,
unless that sponsor’s dependent has
been identified as a surrogate.
Dated: November 19, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2018–25500 Filed 11–21–18; 8:45 am]
BILLING CODE 5001–06–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.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the operating regulation that governs the
DELAIR Memorial Railroad Bridge
across the Delaware River, mile 104.6, at
Pennsauken Township, NJ. This
modified 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: This rule is effective December
24, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2016–0257 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this 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:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
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II. Background Information and
Regulatory History
On April 12, 2017, we published a
document 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).
This temporary deviation commenced at
8 a.m. on April 24, 2017, and concluded
at 7:59 a.m. on October 21, 2017. The
comment period closed on August 17,
2017. The purpose of the deviation was
to test the newly installed remote
operation system 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 operation
system did not change the operational
schedule of the bridge.
On June 30, 2017, we published a
notice of proposed rulemaking (NPRM)
entitled, ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ (see 82 FR 29800). 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.
This proposed regulation would not
change the operating schedule of the
bridge. The original comment period
closed on August 18, 2017.
During the initial temporary 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.
On October 18, 2017, we published a
document in the Federal Register
entitled, ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ announcing a second
temporary deviation from the
regulations, with request for comments
(see 82 FR 48419). This temporary
deviation commenced at 8 a.m. on
October 21, 2017, and concluded at 7:59
a.m. on April 19, 2018. This document
included a request for comments and
related material to reach the Coast
Guard on or before January 15, 2018.
On December 6, 2017, we published
a notice of proposed rulemaking;
reopening of comment period; entitled
‘‘Drawbridge Operation Regulation;
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Delaware River, Pennsauken Township,
NJ’’ in the Federal Register (see 82 FR
57561). This document included a
request for comments and related
material to reach the Coast Guard on or
before January 15, 2018.
On January 22, 2018, we published a
notice of temporary deviation from
regulations; reopening comment period;
entitled ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ in the Federal Register
(see 83 FR 2909). This document
included a request for comments and
related material to reach the Coast
Guard on or before March 2, 2018.
On February 15, 2018, we published
a notice of proposed rulemaking;
reopening comment period; entitled
‘‘Drawbridge Operation Regulation;
Delaware River, Pennsauken Township,
NJ’’ in the Federal Register (see 83 FR
6821). This document included a
request for comments and related
material to reach the Coast Guard on or
before March 2, 2018.
The Coast Guard reviewed 26
comments posted to the docket and six
reports with supporting documentation
submitted by the bridge owner during
the initial and second temporary
deviation periods concerning the remote
operation system of the DELAIR
Memorial Railroad Bridge. Through this
review, the Coast Guard found that
further testing and evaluation of the
remote operation system of the bridge
was necessary before making a decision
on the proposed regulation.
On April 26, 2018, we published a
document in the Federal Register
entitled, ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ announcing a third
temporary deviation from the
regulations, with request for comments
(see 83 FR 18226). This temporary
deviation commenced at 8 a.m. on April
19, 2018, and concluded at 7:59 a.m. on
October 16, 2018. This document
included a request for comments and
related material to reach the Coast
Guard on or before August 17, 2018.
On May 4, 2018, we published a
notice of proposed rulemaking;
reopening comment period; entitled
‘‘Drawbridge Operation Regulation;
Delaware River, Pennsauken Township,
NJ’’ in the Federal Register (see 83 FR
19659). This document included a
request for comments and related
material to reach the Coast Guard on or
before August 17, 2018.
On October 17, 2018, we published a
document in the Federal Register
entitled, ‘‘Drawbridge Operation
Regulation; Delaware River, Pennsauken
Township, NJ’’ announcing a temporary
deviation from the regulations (see 83
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FR 52319). This document was
published to allow the DELAIR
Memorial Railroad Bridge across the
Delaware River, mile 104.6, at
Pennsauken Township, NJ, to continue
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, to allow
sufficient time for the Coast Guard to
conduct an evaluation of the proposed
rulemaking. This temporary deviation
commenced at 8 a.m. on October 16,
2018, and is scheduled to conclude at
7:59 a.m. on December 15, 2018.
In total the Coast Guard received 26
comments posted to the docket and
eight reports with supporting
documentation submitted by the bridge
owner on this rule. No comments were
received during the third temporary
deviation between April 19, 2018, and
October 16, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 33 U.S.C. 499.
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
modified operating regulation, section
117.716 has been restructured to clearly
distinguish the remote operation of the
DELAIR Memorial Railroad Bridge. This
modified 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.
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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.
IV. Discussion of Comments and
Changes to the Final Rule
During the initial and second
temporary deviation periods between
April 24, 2017, and April 19, 2018, 26
comments were received, including
three duplicate comments, one process
comment, and two comments not
related to this rule. No comments were
received during the third temporary
deviation period between April 19,
2018, and October 16, 2018.
Comments were received from six
professional mariners between
December 7, 2017, and January 11, 2018,
during the second temporary deviation
period. These comments expressed
concerns associated with the remote
operation center’s (1) failure to provide
timely replies to mariner’s requests for
a bridge opening, (2) failure to follow
established communications protocols,
(3) unprofessional responses to
mariner’s requests and a perception of
ineffectual management and a cultural
bias against the needs of maritime
transportation. These comments were in
response to the deficiencies observed
during the second temporary deviation
period and were observed and reported
during the first temporary deviation
period, along with corrective actions
taken by the bridge owner. Following a
review of these comments, the bridge
owner acknowledged the recurring
deficiencies in the remote operation of
the bridge related to human
performance factors and management,
and reported that additional corrective
actions were taken. The Coast Guard
found that the bridge owner’s actions
taken to address the comments received
from professional mariners have been
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satisfactory, given the bridge was
operated safely and effectively during
the third temporary deviation, which
included 681 bridge openings, without
further comment from any mariners.
During the first temporary deviation
period, comments were received from
the Brotherhood of Maintenance of Way
Employees Division of the International
Brotherhood of Teamsters that: (1)
Questioned the remote operation
center’s capability to safely and
effectively operate the bridge, (2)
indicated that bridge tenders were
currently performing on-site bridge
maintenance, inspection and repair
functions that would no longer be
performed at the required frequencies,
and (3) reported multiple remote
operation system failure conditions as
defined in the notice of proposed
rulemaking. The bridge owner advised
the Coast Guard that on-site bridge
tenders were not responsible for
performing on-site bridge maintenance,
inspection or repairs functions and that
those functions would continue to be
performed by qualified personnel. In
reviewing the other two comments
above in conjunction with the details
concerning the remote operation of the
bridge during the second and third
temporary deviation periods, the Coast
Guard has found that the remote
operation center is capable of safely and
effectively controlling the bridge and
early remote operation system failures
have been overcome by the bridge
owner’s corrective actions.
The Delaware Riverkeeper Network
submitted comments during the first
temporary deviation period indicating
that: (1) They were opposed to the
regulation based on increased potential
for negative environmental impacts to
local and regional communities, (2)
human oversight via an on-site bridge
tender should not be replaced by a
remote device, (3) the provision for
qualified personnel to return and
operate the bridge within 60 minutes
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54
80
55
60
60
122
112
143
109
100
100
89
3
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Maximum
openings
88
56
94
68
67
71
162
138
201
117
116
122
201
7
was not considered an adequate
response time, and (4) they believed that
the proposed rule was a significant
regulatory action based on increased
potential for negative environmental
impacts. The Coast Guard reviewed
these comments and found that there is
no evidence to support that remote
operation of the bridge increases the
potential for negative environmental
impacts and is not likely to have an
adverse effect to the environment in a
material way, therefore the proposed
rule is not a significant regulatory
action. The Coast Guard also found that
the remote operation system does not
replace human oversight, and the 60minute response time was tested
throughout the three temporary
deviation periods resulting in effective
restoration of the remote operation
system of the bridge and no adverse
impact on navigation.
12 comments expressed concerns
associated with general safety and
security of the bridge and the potential
inability of remote operation center
operators to safely operate the bridge.
The Coast Guard found that: (1)
Although the on-site bridge tender’s
duties only include operation of the
bridge, the bridge owner’s
implementation of additional safety and
security technologies, in conjunction
with the remote operation center’s
capabilities in providing visibility of the
bridge and waterway to the remote
operation center operator, adequately
addressed the general safety and
security related comments.
Additionally, the bridge operated safely
and effectively during the three
temporary deviation periods, which
included 2,597 bridge openings.
The Coast Guard finds that the
comments received do not require any
changes in the regulatory text as
presented in the NPRM.
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V. Discussion of Final Rule
This operating regulation allows the
bridge to be operated remotely from the
bridge owner’s South Jersey dispatch
center in Mount Laurel, NJ. The remote
operation system includes 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 is 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 provides 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
transmits the bridge status every two
minutes and upon a change in bridge
status.
The remote operation system is
designed to provide greater or equal
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 compared to the on-site
bridge tender. 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-totalk (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 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 bridge tender to respond to a
visual signal for a bridge opening
include: (1) When the draw can be
opened immediately—illumination of a
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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 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.
VI. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protesters.
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 rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it 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.
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This regulatory action determination
is based on the fact that the operating
schedule published in 33 CFR 117.716
will not change with the remote
operation of the bridge and the remote
operation of the bridge is not likely to
have an adverse effect to the
environment.
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 received zero
comments from the Small Business
Administration on this rule. The Coast
Guard certifies under 5 U.S.C. 605(b)
that this rule will not have a significant
economic impact on a substantial
number of small entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section V.A above, this rule
will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
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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 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 rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
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F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a 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 rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction.
16:13 Nov 21, 2018
Jkt 247001
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.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
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 § 117.716 to read as follows:
§ 117.716
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble. The Coast
Guard received zero comments
concerning the above Act.
VerDate Sep<11>2014
A Record of Environmental
Consideration and a Memorandum for
the Record are not required for this rule.
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
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Fmt 4700
Sfmt 4700
59311
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–
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
E:\FR\FM\23NOR1.SGM
23NOR1
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Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations
(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.
Dated: November 14, 2018.
G.G. Stump,
Captain, U.S. Coast Guard, Acting
Commander, Fifth Coast Guard District.
[FR Doc. 2018–25544 Filed 11–21–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–1010]
Drawbridge Operation Regulation;
Three Mile Slough, Rio Vista, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the California
Route 160 Drawbridge across Three Mile
Slough, mile 0.1, near Rio Vista, CA.
The deviation is necessary to conduct
preventative maintenance. This
deviation allows the bridge to remain in
the closed-to-navigation position.
DATES: This deviation is effective from
7 a.m. on November 26, 2018, through
4 p.m. on November 27, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–1010, is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Carl T. Hausner,
Chief, Bridge Section, Eleventh Coast
Guard District; telephone 510–437–
3516, email Carl.T.Hausner@uscg.mil.
SUPPLEMENTARY INFORMATION: The
California Department of Transportation
has requested a temporary change to the
operation of the California Route 160
Drawbridge over Three Mile Slough,
mile 0.1, near Rio Vista, CA The
drawbridge navigation span provides a
vertical clearance of 12 feet above Mean
High Water in the closed-to-navigation
position. The draw opens on signal as
amozie on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:13 Nov 21, 2018
Jkt 247001
required by 33 CFR 117.5. Navigation on
the waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position from 7
a.m. on November 26, 2018, through 4
p.m. on November 27, 2018, to allow the
bridge owner to perform necessary
preventative maintenance and nondestructive testing on the bridge’s lift
span gear box. This temporary deviation
has been coordinated with the waterway
users. No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
to open for emergencies. The
Sacramento River and San Joaquin River
can be used as alternate routes for
vessels unable to pass through the
bridge in the closed position. The Coast
Guard will also inform the users of the
waterway 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 its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: November 15, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
District.
[FR Doc. 2018–25455 Filed 11–21–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–1030]
RIN 1625–AA00
Safety Zones; Pipeline Construction,
Tennessee River Miles 465 to 466,
Chattanooga, TN
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Tennessee
River from mile marker (MM) 465 to
MM 466. This safety zone is necessary
to protect persons, property, and the
marine environment from potential
SUMMARY:
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Frm 00044
Fmt 4700
Sfmt 4700
hazards associated with the
construction of an underground
pipeline. Entry of vessels or persons
into this zone is prohibited unless
authorized by the Captain of the Port
Sector Ohio Valley or a designated
representative.
DATES: This rule is effective without
actual notice from November 23, 2018
through 7:30 p.m. on January 25, 2019.
For the purposes of enforcement, actual
notice will be used from November 19,
2018, through November 23, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
1030 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Nicholas Jones,
Marine Safety Detachment Nashville,
U.S. Coast Guard; telephone 615–736–
5421, email MSDNashville@uscg.mil.
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 (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)(3)(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 November 19, 2018, and
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule. On November 1, 2018,
Reynolds Construction, LLC notified
Marine Safety Detachment Nashville
that their underwater pipeline
construction operations at mile marker
465.2 of the Tennessee River would be
ready to commence on November 19,
E:\FR\FM\23NOR1.SGM
23NOR1
]]>Agencies
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59307-59312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25544]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating regulation that
governs the DELAIR Memorial Railroad Bridge across the Delaware River,
mile 104.6, at Pennsauken Township, NJ. This modified 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: This rule is effective December 24, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2016-0257 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb);
telephone (757) 398-6222, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
[[Page 59308]]
II. Background Information and Regulatory History
On April 12, 2017, we published a document 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). This temporary deviation
commenced at 8 a.m. on April 24, 2017, and concluded at 7:59 a.m. on
October 21, 2017. The comment period closed on August 17, 2017. The
purpose of the deviation was to test the newly installed remote
operation system 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
operation system did not change the operational schedule of the bridge.
On June 30, 2017, we published a notice of proposed rulemaking
(NPRM) entitled, ``Drawbridge Operation Regulation; Delaware River,
Pennsauken Township, NJ'' (see 82 FR 29800). 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. This proposed regulation would not change
the operating schedule of the bridge. The original comment period
closed on August 18, 2017.
During the initial temporary 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.
On October 18, 2017, we published a document in the Federal
Register entitled, ``Drawbridge Operation Regulation; Delaware River,
Pennsauken Township, NJ'' announcing a second temporary deviation from
the regulations, with request for comments (see 82 FR 48419). This
temporary deviation commenced at 8 a.m. on October 21, 2017, and
concluded at 7:59 a.m. on April 19, 2018. This document included a
request for comments and related material to reach the Coast Guard on
or before January 15, 2018.
On December 6, 2017, we published a notice of proposed rulemaking;
reopening of comment period; entitled ``Drawbridge Operation
Regulation; Delaware River, Pennsauken Township, NJ'' in the Federal
Register (see 82 FR 57561). This document included a request for
comments and related material to reach the Coast Guard on or before
January 15, 2018.
On January 22, 2018, we published a notice of temporary deviation
from regulations; reopening comment period; entitled ``Drawbridge
Operation Regulation; Delaware River, Pennsauken Township, NJ'' in the
Federal Register (see 83 FR 2909). This document included a request for
comments and related material to reach the Coast Guard on or before
March 2, 2018.
On February 15, 2018, we published a notice of proposed rulemaking;
reopening comment period; entitled ``Drawbridge Operation Regulation;
Delaware River, Pennsauken Township, NJ'' in the Federal Register (see
83 FR 6821). This document included a request for comments and related
material to reach the Coast Guard on or before March 2, 2018.
The Coast Guard reviewed 26 comments posted to the docket and six
reports with supporting documentation submitted by the bridge owner
during the initial and second temporary deviation periods concerning
the remote operation system of the DELAIR Memorial Railroad Bridge.
Through this review, the Coast Guard found that further testing and
evaluation of the remote operation system of the bridge was necessary
before making a decision on the proposed regulation.
On April 26, 2018, we published a document in the Federal Register
entitled, ``Drawbridge Operation Regulation; Delaware River, Pennsauken
Township, NJ'' announcing a third temporary deviation from the
regulations, with request for comments (see 83 FR 18226). This
temporary deviation commenced at 8 a.m. on April 19, 2018, and
concluded at 7:59 a.m. on October 16, 2018. This document included a
request for comments and related material to reach the Coast Guard on
or before August 17, 2018.
On May 4, 2018, we published a notice of proposed rulemaking;
reopening comment period; entitled ``Drawbridge Operation Regulation;
Delaware River, Pennsauken Township, NJ'' in the Federal Register (see
83 FR 19659). This document included a request for comments and related
material to reach the Coast Guard on or before August 17, 2018.
On October 17, 2018, we published a document in the Federal
Register entitled, ``Drawbridge Operation Regulation; Delaware River,
Pennsauken Township, NJ'' announcing a temporary deviation from the
regulations (see 83 FR 52319). This document was published to allow the
DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6,
at Pennsauken Township, NJ, to continue 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, to allow sufficient time
for the Coast Guard to conduct an evaluation of the proposed
rulemaking. This temporary deviation commenced at 8 a.m. on October 16,
2018, and is scheduled to conclude at 7:59 a.m. on December 15, 2018.
In total the Coast Guard received 26 comments posted to the docket
and eight reports with supporting documentation submitted by the bridge
owner on this rule. No comments were received during the third
temporary deviation between April 19, 2018, and October 16, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
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 modified operating
regulation, section 117.716 has been restructured to clearly
distinguish the remote operation of the DELAIR Memorial Railroad
Bridge. This modified 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.
[[Page 59309]]
------------------------------------------------------------------------
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.
IV. Discussion of Comments and Changes to the Final Rule
During the initial and second temporary deviation periods between
April 24, 2017, and April 19, 2018, 26 comments were received,
including three duplicate comments, one process comment, and two
comments not related to this rule. No comments were received during the
third temporary deviation period between April 19, 2018, and October
16, 2018.
Comments were received from six professional mariners between
December 7, 2017, and January 11, 2018, during the second temporary
deviation period. These comments expressed concerns associated with the
remote operation center's (1) failure to provide timely replies to
mariner's requests for a bridge opening, (2) failure to follow
established communications protocols, (3) unprofessional responses to
mariner's requests and a perception of ineffectual management and a
cultural bias against the needs of maritime transportation. These
comments were in response to the deficiencies observed during the
second temporary deviation period and were observed and reported during
the first temporary deviation period, along with corrective actions
taken by the bridge owner. Following a review of these comments, the
bridge owner acknowledged the recurring deficiencies in the remote
operation of the bridge related to human performance factors and
management, and reported that additional corrective actions were taken.
The Coast Guard found that the bridge owner's actions taken to address
the comments received from professional mariners have been
satisfactory, given the bridge was operated safely and effectively
during the third temporary deviation, which included 681 bridge
openings, without further comment from any mariners.
During the first temporary deviation period, comments were received
from the Brotherhood of Maintenance of Way Employees Division of the
International Brotherhood of Teamsters that: (1) Questioned the remote
operation center's capability to safely and effectively operate the
bridge, (2) indicated that bridge tenders were currently performing on-
site bridge maintenance, inspection and repair functions that would no
longer be performed at the required frequencies, and (3) reported
multiple remote operation system failure conditions as defined in the
notice of proposed rulemaking. The bridge owner advised the Coast Guard
that on-site bridge tenders were not responsible for performing on-site
bridge maintenance, inspection or repairs functions and that those
functions would continue to be performed by qualified personnel. In
reviewing the other two comments above in conjunction with the details
concerning the remote operation of the bridge during the second and
third temporary deviation periods, the Coast Guard has found that the
remote operation center is capable of safely and effectively
controlling the bridge and early remote operation system failures have
been overcome by the bridge owner's corrective actions.
The Delaware Riverkeeper Network submitted comments during the
first temporary deviation period indicating that: (1) They were opposed
to the regulation based on increased potential for negative
environmental impacts to local and regional communities, (2) human
oversight via an on-site bridge tender should not be replaced by a
remote device, (3) the provision for qualified personnel to return and
operate the bridge within 60 minutes was not considered an adequate
response time, and (4) they believed that the proposed rule was a
significant regulatory action based on increased potential for negative
environmental impacts. The Coast Guard reviewed these comments and
found that there is no evidence to support that remote operation of the
bridge increases the potential for negative environmental impacts and
is not likely to have an adverse effect to the environment in a
material way, therefore the proposed rule is not a significant
regulatory action. The Coast Guard also found that the remote operation
system does not replace human oversight, and the 60-minute response
time was tested throughout the three temporary deviation periods
resulting in effective restoration of the remote operation system of
the bridge and no adverse impact on navigation.
12 comments expressed concerns associated with general safety and
security of the bridge and the potential inability of remote operation
center operators to safely operate the bridge. The Coast Guard found
that: (1) Although the on-site bridge tender's duties only include
operation of the bridge, the bridge owner's implementation of
additional safety and security technologies, in conjunction with the
remote operation center's capabilities in providing visibility of the
bridge and waterway to the remote operation center operator, adequately
addressed the general safety and security related comments.
Additionally, the bridge operated safely and effectively during the
three temporary deviation periods, which included 2,597 bridge
openings.
The Coast Guard finds that the comments received do not require any
changes in the regulatory text as presented in the NPRM.
[[Page 59310]]
V. Discussion of Final Rule
This operating regulation allows the bridge to be operated remotely
from the bridge owner's South Jersey dispatch center in Mount Laurel,
NJ. The remote operation system includes 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 is 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 provides 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 transmits the bridge status every two minutes and upon a
change in bridge status.
The remote operation system is designed to provide greater or equal
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 compared to the on-site bridge tender. 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 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 bridge tender to respond to a visual
signal for a bridge opening 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 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.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
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 rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it 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.
This regulatory action determination is based on the fact that the
operating schedule published in 33 CFR 117.716 will not change with the
remote operation of the bridge and the remote operation of the bridge
is not likely to have an adverse effect to the environment.
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 received zero comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork
[[Page 59311]]
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 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 rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. The Coast Guard received zero comments concerning the
above Act.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
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 rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
A Record of Environmental Consideration and a Memorandum for the
Record are not required for this 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
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Revise Sec. 117.716 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
[[Page 59312]]
(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.
Dated: November 14, 2018.
G.G. Stump,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 2018-25544 Filed 11-21-18; 8:45 am]
BILLING CODE 9110-04-P
