Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ, 59307-59312 [2018-25544]

Download as PDF amozie on DSK3GDR082PROD with RULES 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- VerDate Sep<11>2014 16:13 Nov 21, 2018 Jkt 247001 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 59307 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 http:// 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 E:\FR\FM\23NOR1.SGM 23NOR1 59308 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations amozie on DSK3GDR082PROD with RULES 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; VerDate Sep<11>2014 16:13 Nov 21, 2018 Jkt 247001 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 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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. E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations Average openings Month January .................................................................................................................................................................... February ................................................................................................................................................................... March ....................................................................................................................................................................... April .......................................................................................................................................................................... May .......................................................................................................................................................................... June ......................................................................................................................................................................... July ........................................................................................................................................................................... August ...................................................................................................................................................................... September ............................................................................................................................................................... October .................................................................................................................................................................... November ................................................................................................................................................................ December ................................................................................................................................................................ Monthly .................................................................................................................................................................... Daily ......................................................................................................................................................................... amozie on DSK3GDR082PROD with RULES 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 VerDate Sep<11>2014 16:13 Nov 21, 2018 Jkt 247001 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 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 73 54 80 55 60 60 122 112 143 109 100 100 89 3 59309 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. E:\FR\FM\23NOR1.SGM 23NOR1 amozie on DSK3GDR082PROD with RULES 59310 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations 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 VerDate Sep<11>2014 16:13 Nov 21, 2018 Jkt 247001 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. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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 E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations 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 amozie on DSK3GDR082PROD with RULES 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 PO 00000 Frm 00043 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 59312 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 http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this 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: PO 00000 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 http:// 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]


=======================================================================
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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 http://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