82 FR 48419 - Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 200 (October 18, 2017)
Coast Guard
Federal Register Volume 82, Issue 200 (October 18, 2017)
| Page Range | 48419-48420 | |
| FR Document | 2017-22639 |
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)] [Rules and Regulations] [Pages 48419-48420] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22639] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0257] Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ AGENCY: Coast Guard, DHS. ACTION: Notice of temporary deviation from regulations; request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has issued a temporary deviation from the operating schedule that governs the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This deviation will test the remote operation capability of the drawbridge to determine whether the bridge can be safely operated from a remote location. This deviation will allow the bridge to be remotely operated from the Conrail South Jersey dispatch center in Mount Laurel, NJ, instead of being operated by an on-site bridge tender. DATES: This deviation is effective from 8 a.m. on October 21, 2017 through 7:59 a.m. on April 19, 2018. Comments and related material must reach the Coast Guard on or before January 15, 2018. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0257 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this test deviation, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); telephone (757) 398-6222, email [email protected]. SUPPLEMENTARY INFORMATION: I. Background, Purpose and Legal Basis On April 12, 2017, we published a notice in the Federal Register entitled, ``Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ'' announcing a temporary deviation from the regulations, with request for comments (see 82 FR 17562). The purpose of the deviation was to test the newly installed remote operational capabilities of the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ, owned and operated by Conrail Shared Assets. The installation of the remote capabilities did not change the operational schedule of the bridge.\1\ --------------------------------------------------------------------------- \1\ A full description of the remote operational system is outlined in the aforementioned publication, which can be found at http://regulations.gov. (see ADDRESSES for more information). --------------------------------------------------------------------------- During the initial test deviation performed from 8 a.m. on April 24, 2017, through 7:59 a.m. on October 21, 2017, the bridge owner identified deficiencies in the remote operation center procedures, bridge to vessel communications, and equipment redundancy. Comments concerning these deficiencies were submitted to the docket and provided to the Coast Guard and bridge owner by representatives from the Mariners' Advisory Committee for the Bay and River Delaware. During the initial test deviation, we also published a notice of proposed rulemaking (NPRM) in the Federal Register, entitled, ``Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ'' (see 82 FR 29800). In the NPRM, we stated that we are proposing to modify the operating regulation that governs the DELAIR [[Page 48420]] Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This proposed regulation would allow the bridge to be remotely operated from the Conrail South Jersey dispatch center in Mount Laurel, NJ, instead of being operated by an on-site bridge tender. In the NPRM, we also stated we would not change the operating schedule of the bridge. The comment period for the notice and NPRM closed on August 18, 2017, and we received a total of fourteen comments. The Coast Guard will adjudicate all comments at the completion of this test. The bridge owner implemented policies and provided training to address the procedural and communications deficiencies and implemented backup systems to mitigate potential equipment and systems failures. These changes were not fully evaluated during the test deviation ending October 21, 2017. Therefore, the Coast Guard has decided to issue a second test deviation to complete the evaluation of the changes incorporated into the remote operation system. This test deviation will commence at 8 a.m. on October 21, 2017, and conclude at 7:59 a.m. on April 19, 2018. During the test deviation, a bridge tender will be stationed on-site at the bridge and will be able to immediately take local control of the bridge, as required. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to normal local operation at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. II. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacynotice. Documents mentioned in this notice as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. Dated: October 13, 2017. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2017-22639 Filed 10-17-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations 48419
E. Unfunded Mandates Reform Act § 100.35T08–0858 Special Local DATES: This deviation is effective from
Regulation; Clinch River, Oak Ridge, TN. 8 a.m. on October 21, 2017 through 7:59
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires (a) Location. All navigable waters of a.m. on April 19, 2018.
Federal agencies to assess the effects of the Clinch River between mile marker Comments and related material must
(MM) 49.5 and MM 54.0, Oak Ridge, reach the Coast Guard on or before
their discretionary regulatory actions. In
TN. January 15, 2018.
particular, the Act addresses actions
that may result in the expenditure by a (b) Effective period. This section will ADDRESSES: You may submit comments
State, local, or tribal government, in the be enforced from 6 a.m. through 6 p.m. identified by docket number USCG–
aggregate, or by the private sector of on October 21, 2017. 2016–0257 using Federal eRulemaking
$100,000,000 (adjusted for inflation) or (c) Special local regulations. (1) Entry Portal at http://www.regulations.gov.
more in any one year. Though this rule into this area is prohibited unless See the ‘‘Public Participation and
will not result in such expenditure, we authorized by Captain of the Port Sector Request for Comments’’ portion of the
do discuss the effects of this rule Ohio Valley (COTP) or a designated SUPPLEMENTARY INFORMATION section
elsewhere in this preamble. representative. below for instructions on submitting
(2) Persons or vessels desiring entry comments.
F. Environment into or passage through the area must FOR FURTHER INFORMATION CONTACT: If
We have analyzed this rule under request permission from the COTP or a you have questions on this test
Department of Homeland Security designated representative. U.S. Coast deviation, call or email Mr. Hal R. Pitts,
Management Directive 023–01 and Guard Sector Ohio Valley may be Fifth Coast Guard District (dpb);
Commandant Instruction M16475.lD, contacted on VHF Channel 13 or 16 or telephone (757) 398–6222, email
which guide the Coast Guard in by telephone at 1–800–253–7465. Hal.R.Pitts@uscg.mil.
complying with the National (d) Informational broadcasts. The SUPPLEMENTARY INFORMATION:
Environmental Policy Act of 1969 (42 COTP or a designated representative
U.S.C. 4321–4370f), and have will inform the public through I. Background, Purpose and Legal Basis
determined that this action is one of a broadcast notices to mariners of the On April 12, 2017, we published a
category of actions that do not enforcement period for the special local notice in the Federal Register entitled,
individually or cumulatively have a regulation, as well as any changes in the ‘‘Drawbridge Operation Regulation;
significant effect on the human dates and times of enforcement. Delaware River, Pennsauken Township,
environment. This rule involves the Dated: October 10, 2017. NJ’’ announcing a temporary deviation
establishment of a special local from the regulations, with request for
M.B. Zamperini,
regulation lasting twelve hours on one comments (see 82 FR 17562). The
Captain, U.S. Coast Guard, Captain of the
day extending less than five miles of the purpose of the deviation was to test the
Port, Sector Ohio Valley.
Clinch River from MM 49.5 to MM 54.0. newly installed remote operational
[FR Doc. 2017–22595 Filed 10–17–17; 8:45 am]
It is categorically excluded from further capabilities of the DELAIR Memorial
BILLING CODE 9110–04–P
review under paragraph 34(h) of Figure Railroad Bridge across the Delaware
2–1 of the Commandant Instruction. A River, mile 104.6, at Pennsauken
Record of Environmental Consideration Township, NJ, owned and operated by
DEPARTMENT OF HOMELAND
supporting this determination is Conrail Shared Assets. The installation
SECURITY
available in the docket where indicated of the remote capabilities did not
under ADDRESSES. Coast Guard change the operational schedule of the
bridge.1
G. Protest Activities During the initial test deviation
33 CFR Part 117
The Coast Guard respects the First performed from 8 a.m. on April 24,
Amendment rights of protesters. 2017, through 7:59 a.m. on October 21,
Protesters are asked to contact the [Docket No. USCG–2016–0257]
2017, the bridge owner identified
person listed in the FOR FURTHER deficiencies in the remote operation
Drawbridge Operation Regulation;
INFORMATION CONTACT section to center procedures, bridge to vessel
Delaware River, Pennsauken
coordinate protest activities so that your communications, and equipment
Township, NJ
message can be received without redundancy. Comments concerning
jeopardizing the safety or security of AGENCY: Coast Guard, DHS. these deficiencies were submitted to the
people, places or vessels. ACTION: Notice of temporary deviation docket and provided to the Coast Guard
List of Subjects in 33 CFR Part 100 from regulations; request for comments. and bridge owner by representatives
from the Mariners’ Advisory Committee
Marine safety, Navigation (water), SUMMARY: The Coast Guard has issued a for the Bay and River Delaware.
Reporting and recordkeeping temporary deviation from the operating During the initial test deviation, we
requirements, Waterways. schedule that governs the DELAIR also published a notice of proposed
For the reasons discussed in the Memorial Railroad Bridge across the rulemaking (NPRM) in the Federal
preamble, the Coast Guard amends 33 Delaware River, mile 104.6, at Register, entitled, ‘‘Drawbridge
CFR part 100 as follows: Pennsauken Township, NJ. This Operation Regulation; Delaware River,
deviation will test the remote operation Pennsauken Township, NJ’’ (see 82 FR
PART 100—SAFETY OF LIFE ON capability of the drawbridge to 29800). In the NPRM, we stated that we
NAVIGABLE WATERS determine whether the bridge can be are proposing to modify the operating
ethrower on DSK3G9T082PROD with RULES
safely operated from a remote location. regulation that governs the DELAIR
■ 1. The authority citation for part 100
continues to read as follows: This deviation will allow the bridge to
1 A full description of the remote operational
be remotely operated from the Conrail
Authority: 33 U.S.C. 1233. South Jersey dispatch center in Mount system is outlined in the aforementioned
publication, which can be found at http://
■ 2. Add § 100.35T08–0858 to read as Laurel, NJ, instead of being operated by regulations.gov. (see ADDRESSES for more
follows: an on-site bridge tender. information).
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![48420 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations
Memorial Railroad Bridge across the We encourage you to submit ADDRESSES: To view documents
Delaware River, mile 104.6, at comments through the Federal mentioned in this preamble as being
Pennsauken Township, NJ. This eRulemaking Portal at http:// available in the docket, go to http://
proposed regulation would allow the www.regulations.gov. If your material www.regulations.gov, type USCG–2017–
bridge to be remotely operated from the cannot be submitted using http:// 0817 in the ‘‘SEARCH’’ box and click
Conrail South Jersey dispatch center in www.regulations.gov, contact the person ‘‘SEARCH.’’ Click on Open Docket
Mount Laurel, NJ, instead of being in the FOR FURTHER INFORMATION Folder on the line associated with this
operated by an on-site bridge tender. In CONTACT section of this document for rule.
the NPRM, we also stated we would not alternate instructions.
change the operating schedule of the We accept anonymous comments. All FOR FURTHER INFORMATION CONTACT: If
bridge. The comment period for the comments received will be posted you have questions about this proposed
notice and NPRM closed on August 18, without change to http:// rulemaking, call or email Petty Officer
2017, and we received a total of fourteen www.regulations.gov and will include Jonathan Braddy, MSD Nashville, U.S.
comments. The Coast Guard will any personal information you have Coast Guard; telephone 615–736–5421,
adjudicate all comments at the provided. For more about privacy and email Jonathan.G.Braddy@uscg.mil.
completion of this test. the docket, visit http:// SUPPLEMENTARY INFORMATION:
The bridge owner implemented www.regulations.gov/privacynotice.
policies and provided training to Documents mentioned in this notice I. Table of Abbreviations
address the procedural and as being available in this docket and all CFR Code of Federal Regulations
communications deficiencies and public comments, will be in our online COTP Captain of the Port, Sector Ohio
implemented backup systems to docket at http://www.regulations.gov Valley
mitigate potential equipment and and can be viewed by following that DHS Department of Homeland Security
systems failures. These changes were Web site’s instructions. Additionally, if FR Federal Register
not fully evaluated during the test you go to the online docket and sign up NPRM Notice of proposed rulemaking
deviation ending October 21, 2017. for email alerts, you will be notified § Section
Therefore, the Coast Guard has decided when comments are posted or a final U.S.C. United States Code
to issue a second test deviation to rule is published.
complete the evaluation of the changes II. Background Information and
Dated: October 13, 2017.
incorporated into the remote operation Regulatory History
Hal R. Pitts,
system. Bridge Program Manager, Fifth Coast Guard The Coast Guard is issuing this
This test deviation will commence at District. temporary rule without prior notice and
8 a.m. on October 21, 2017, and [FR Doc. 2017–22639 Filed 10–17–17; 8:45 am] opportunity to comment pursuant to
conclude at 7:59 a.m. on April 19, 2018. authority under section 4(a) of the
BILLING CODE 9110–04–P
During the test deviation, a bridge Administrative Procedure Act (APA) (5
tender will be stationed on-site at the
U.S.C. 553(b)). This provision
bridge and will be able to immediately DEPARTMENT OF HOMELAND authorizes an agency to issue a rule
take local control of the bridge, as SECURITY without prior notice and opportunity to
required.
comment when the agency for good
The Coast Guard will also inform the Coast Guard cause finds that those procedures are
users of the waterways through our ‘‘impracticable, unnecessary, or contrary
Local and Broadcast Notices to Mariners 33 CFR Part 165 to the public interest.’’ Under 5 U.S.C.
of the change in operating schedule for
[Docket Number USCG–2017–0817] 553(b)(B), the Coast Guard finds that
the bridge so that vessel operators can
good cause exists for not publishing a
arrange their transits to minimize any RIN 1625–AA00 notice of proposed rulemaking (NPRM)
impact caused by the temporary
with respect to this rule because it is
deviation. Safety Zone; Cumberland River, impracticable. We must establish this
In accordance with 33 CFR 117.35(e), Nashville, TN safety zone by October 20, 2017 because
the drawbridge must return to normal
AGENCY: Coast Guard, DHS. of the safety issues involved and there
local operation at the end of the
ACTION: Temporary final rule. is insufficient time to provide a
effective period of this temporary
reasonable comment period and then
deviation. This deviation from the
SUMMARY: The Coast Guard is consider those comments before issuing
operating regulations is authorized
establishing a temporary safety zone for the rule.
under 33 CFR 117.35.
all navigable waters of the Cumberland Under 5 U.S.C. 553(d)(3), the Coast
II. Public Participation and Request for River extending from mile marker (MM) Guard finds that good cause exists for
Comments 190.7 to MM 191.1. This action is making it effective less than 30 days
We view public participation as necessary to provide for the safety of life after publication in the Federal
essential to effective rulemaking, and on these navigable waters near Register. Delaying this rule would be
will consider all comments and material Nashville, TN, during the Light the contrary to public interest in ensuring
received during the comment period. Night Walk fireworks display. Entry of the safety of spectators and vessels
Your comment can help shape the vessels or persons into this zone is during the event because immediate
outcome of this rulemaking. If you prohibited unless specifically action is necessary to prevent possible
ethrower on DSK3G9T082PROD with RULES
submit a comment, please include the authorized by the Captain of the Port, loss of life and property. Broadcast
docket number for this rulemaking, Sector Ohio Valley or a designated Notices to Mariners (BNM) and sharing
indicate the specific section of this representative. information with the waterway users
document to which each comment DATES: This rule is effective from 8:15 will update mariners of the restrictions,
applies, and provide a reason for each p.m. through 8:30 p.m. on October 20, requirements, and enforcement times
suggestion or recommendation. 2017. during this temporary situation.
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Document Created: 2017-10-18 01:37:47
Document Modified: 2017-10-18 01:37:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notice of temporary deviation from regulations; request for comments. | |
| Dates | This deviation is effective from 8 a.m. on October 21, 2017 through 7:59 a.m. on April 19, 2018. | |
| Contact | If you have questions on this test deviation, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); telephone (757) 398-6222, email [email protected] | |
| FR Citation | 82 FR 48419 |
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