83_FR_52520 83 FR 52319 - Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ

83 FR 52319 - Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 201 (October 17, 2018)

Page Range52319-52320
FR Document2018-22692

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 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.

Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018) 
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Rules and Regulations]
[Pages 52319-52320]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22692]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0257]


Drawbridge Operation Regulation; Delaware River, Pennsauken 
Township, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulation.

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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 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 without actual notice from October 
17, 2018 through 7:59 a.m. on December 15, 2018. For the purposes of 
enforcement, actual notice will be used from 8 a.m. on October 16, 
2018, until October 17, 2018.

ADDRESSES: The docket for this deviation, USCG-2016-0257 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 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). This temporary deviation 
commenced at 8 a.m. on April 24, 2017, and concluded at 7:59 a.m. on 
October 21, 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 
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 proposed regulation will not change 
the operating schedule of the bridge. The original comment period 
closed on August 18, 2017.
    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.
    On October 18, 2017, we published a notice 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 notice 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

[[Page 52320]]

57561). This notice 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 notice 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 notice 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 deviations 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 drawbridge was necessary before 
making a decision on the proposed regulation.
    On April 26, 2018, we published a notice 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 is 
scheduled to conclude at 7:59 a.m. on October 16, 2018. This notice 
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 notice included a request for comments and related 
material to reach the Coast Guard on or before August 17, 2018.
    During the third temporary deviation, the following changes were 
implemented: (1) The on-site bridge tender was removed from the bridge, 
(2) qualified personnel would return and operate the bridge within 60 
minutes if the remote operation system is considered in a failed 
condition, and (3) comments concerning the utility and value of the 
automated identification system (AIS) were requested.
    The Coast Guard received no comments posted to the docket during 
the third temporary deviation; however, the Coast Guard did receive two 
reports with supporting documentation submitted by the bridge owner. 
The Coast Guard is conducting an evaluation of the proposed rulemaking 
and has decided to publish a temporary deviation 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 evaluation to be completed. The operating schedule published in 
33 CFR 117.716 will not change with the remote operation of the bridge.

II. Temporary Deviation From Regulations

    The operating schedule is published in 33 CFR 117.716. Under this 
temporary deviation, the bridge will 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 accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating methods 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: October 12, 2018.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2018-22692 Filed 10-16-18; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations 52319 accounting of disclosures of such carrying out personnel vetting, SUPPLEMENTARY INFORMATION: records could compromise the including records checks for continuous I. Background, Purpose and Legal Basis objectivity and fairness of the testing or vetting, exempt records from other examination process. Amendment of systems of records may in turn become On April 12, 2017, we published a such records could also impose a highly part of the records maintained in this notice in the Federal Register entitled, impracticable administrative burden by system. To the extent that copies of ‘‘Drawbridge Operation Regulation; requiring investigations to be exempt records from those other Delaware River, Pennsauken Township, continuously reinvestigated. systems of records are maintained into NJ’’ announcing a temporary deviation (6) Exemption (k)(7). Personnel this system, the DoD claims the same from the regulations, with request for investigations and vetting records may exemptions for the records from those comments (see 82 FR 17562). This contain evaluation material used to other systems that are entered into this temporary deviation commenced at 8 determine potential for promotion in the system, as claimed for the original a.m. on April 24, 2017, and concluded armed services. In some cases, such primary system of which they are a part. at 7:59 a.m. on October 21, 2017. The records may contain information purpose of the deviation was to test the Dated: October 11, 2018. pertaining to the identity of a source newly installed remote operation system Shelly E. Finke, of the DELAIR Memorial Railroad who furnished information to the Government under an express promise Alternate OSD Federal Register Liaison Bridge across the Delaware River, mile Officer, Department of Defense. 104.6, at Pennsauken Township, NJ, that the source’s identity would be held in confidence (or prior to the effective [FR Doc. 2018–22507 Filed 10–16–18; 8:45 am] owned and operated by Conrail Shared date of the Privacy Act, under an BILLING CODE 5001–06–P Assets. The installation of the remote implied promise). Application of operation system did not change the exemption (k)(7) for such records may operational schedule of the bridge. be necessary because access to, DEPARTMENT OF HOMELAND On June 30, 2017, we published a amendment of, or release of the SECURITY notice of proposed rulemaking (NPRM) accounting of disclosures of such entitled, ‘‘Drawbridge Operation records could identify these confidential Coast Guard Regulation; Delaware River, Pennsauken sources who might not have otherwise Township, NJ’’ (see 82 FR 29800). This come forward to assist the Government, 33 CFR Part 117 proposed regulation will allow the hinder the Government’s ability to [Docket No. USCG–2016–0257] bridge to be remotely operated from the obtain information from future Conrail South Jersey dispatch center in confidential sources, and result in an Drawbridge Operation Regulation; Mount Laurel, NJ, instead of being unwarranted invasion of the privacy of Delaware River, Pennsauken operated by an on-site bridge tender. others. Amendment of such records Township, NJ This proposed regulation will not could also impose a highly change the operating schedule of the AGENCY: Coast Guard, DHS. bridge. The original comment period impracticable administrative burden by requiring investigations to be ACTION: Notice of temporary deviation closed on August 18, 2017. continuously reinvestigated. from regulation. During the initial test deviation (B) Subsections (d)(3) and (4). These performed from 8 a.m. on April 24, SUMMARY: The Coast Guard has issued a subsections are inapplicable to the 2017, through 7:59 a.m. on October 21, temporary deviation from the operating extent an exemption is claimed from 2017, the bridge owner identified schedule that governs the DELAIR (d)(1) and (2). Moreover, applying the deficiencies in the remote operation Memorial Railroad Bridge across the amendment appeal procedures toward center procedures, bridge to vessel Delaware River, mile 104.6, at background investigation and vetting communications, and equipment Pennsauken Township, NJ. This records could impose a highly redundancy. Comments concerning deviation will allow the bridge to be impracticable administrative burden by these deficiencies were submitted to the remotely operated from the Conrail requiring investigations to be docket and provided to the Coast Guard South Jersey dispatch center in Mount continuously reinvestigated. and bridge owner by representatives Laurel, NJ, instead of being operated by (C) Subsection (e)(1). In the collection from the Mariners’ Advisory Committee an on-site bridge tender. of information for authorized vetting for the Bay and River Delaware. purposes, it is not always possible to DATES: This deviation is effective On October 18, 2017, we published a conclusively determine the relevance without actual notice from October 17, notice in the Federal Register entitled, and necessity of particular information 2018 through 7:59 a.m. on December 15, ‘‘Drawbridge Operation Regulation; in the early stages of the investigation or 2018. For the purposes of enforcement, Delaware River, Pennsauken Township, adjudication. In some instances, it will actual notice will be used from 8 a.m. NJ’’ announcing a second temporary be only after the collected information on October 16, 2018, until October 17, deviation from the regulations, with is evaluated in light of other information 2018. request for comments (see 82 FR 48419). that its relevance and necessity for ADDRESSES: The docket for this This temporary deviation commenced at effective investigation and adjudication deviation, USCG–2016–0257 is available 8 a.m. on October 21, 2017, and can be assessed. Collection of such at http://www.regulations.gov. Type the concluded at 7:59 a.m. on April 19, information permits more informed docket number in the ‘‘SEARCH’’ box 2018. This notice included a request for decision-making by the Department and click ‘‘SEARCH’’. Click on Open comments and related material to reach when making required suitability, Docket Folder on the line associated the Coast Guard on or before January 15, with this deviation. daltland on DSKBBV9HB2PROD with RULES eligibility, fitness, and credentialing 2018. determinations. Accordingly, FOR FURTHER INFORMATION CONTACT: If On December 6, 2017, we published application of exemptions (k)(1), (k)(2), you have questions on this temporary a notice of proposed rulemaking; (k)(3), (k)(5), (k)(6), and (k)(7) may be deviation, call or email Mr. Hal R. Pitts, reopening of comment period; entitled necessary. Fifth Coast Guard District (dpb); ‘‘Drawbridge Operation Regulation; (iv) Exempt records from other telephone (757) 398–6222, email Delaware River, Pennsauken Township, systems. In addition, in the course of Hal.R.Pitts@uscg.mil. NJ’’ in the Federal Register (see 82 FR VerDate Sep<11>2014 16:09 Oct 16, 2018 Jkt 247001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\17OCR1.SGM 17OCR1

52320 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations 57561). This notice included a request considered in a failed condition, and (3) the waters of the St. Johns River in the for comments and related material to comments concerning the utility and vicinity of Naval Air Station (NAS) reach the Coast Guard on or before value of the automated identification Jacksonville, Florida during the Blue January 15, 2018. system (AIS) were requested. Angels Air Show. This rulemaking On January 22, 2018, we published a The Coast Guard received no prohibits persons and vessels from notice of temporary deviation from comments posted to the docket during entering, transiting through, remaining regulations; reopening comment period; the third temporary deviation; however, within, or anchoring in the safety zone entitled ‘‘Drawbridge Operation the Coast Guard did receive two reports unless authorized by the Captain of the Regulation; Delaware River, Pennsauken with supporting documentation Port (COTP) Jacksonville or a designated Township, NJ’’ in the Federal Register submitted by the bridge owner. The representative. (see 83 FR 2909). This notice included Coast Guard is conducting an evaluation DATES: This rule is effective from 8 a.m. a request for comments and related of the proposed rulemaking and has on October 26, 2018 until 5 p.m. on material to reach the Coast Guard on or decided to publish a temporary October 28, 2018. before March 2, 2018. deviation to allow the DELAIR On February 15, 2018, we published ADDRESSES: To view documents Memorial Railroad Bridge across the mentioned in this preamble as being a notice of proposed rulemaking; Delaware River, mile 104.6, at reopening comment period; entitled available in the docket, go to http:// Pennsauken Township, NJ, to continue www.regulations.gov, type USCG–2018– ‘‘Drawbridge Operation Regulation; to be remotely operated from the Conrail Delaware River, Pennsauken Township, 0232 in the ‘‘SEARCH’’ box and click South Jersey dispatch center in Mount ‘‘SEARCH.’’ Click on Open Docket NJ’’ in the Federal Register (see 83 FR Laurel, NJ, instead of being operated by 6821). This notice included a request for Folder on the line associated with this an on-site bridge tender, to allow rule. comments and related material to reach sufficient time for the evaluation to be the Coast Guard on or before March 2, FOR FURTHER INFORMATION CONTACT: If completed. The operating schedule 2018. published in 33 CFR 117.716 will not you have questions on this rule, call or The Coast Guard reviewed 26 change with the remote operation of the email Lieutenant Junior Grade Emily comments posted to the docket and six bridge. Sysko, Chief, Waterways Management reports with supporting documentation Division, U.S. Coast Guard; telephone submitted by the bridge owner during II. Temporary Deviation From 904–714–7616, email Emily.T.Sysko@ the initial and second temporary Regulations uscg.mil. deviations concerning the remote The operating schedule is published SUPPLEMENTARY INFORMATION: operation system of the DELAIR in 33 CFR 117.716. Under this Memorial Railroad Bridge. Through this temporary deviation, the bridge will be I. Table of Abbreviations review, the Coast Guard found that remotely operated from the Conrail CFR Code of Federal Regulations further testing and evaluation of the South Jersey dispatch center in Mount DHS Department of Homeland Security remote operation system of the Laurel, NJ, instead of being operated by FR Federal Register drawbridge was necessary before an on-site bridge tender. NPRM Notice of proposed rulemaking making a decision on the proposed In accordance with 33 CFR 117.35(e), § Section regulation. U.S.C. United States Code the drawbridge must return to its regular On April 26, 2018, we published a operating methods immediately at the II. Background Information and notice in the Federal Register entitled, end of the effective period of this Regulatory History ‘‘Drawbridge Operation Regulation; temporary deviation. This deviation On May 18, 2018, NAS Jacksonville Delaware River, Pennsauken Township, from the operating regulations is submitted a marine event application to NJ’’ announcing a third temporary authorized under 33 CFR 117.35. the Coast Guard for the Blue Angels Air deviation from the regulations, with request for comments (see 83 FR 18226). Dated: October 12, 2018. Show that will take place daily from This temporary deviation commenced at Hal R. Pitts, October 26, 2018 through October 28, 8 a.m. on April 19, 2018, and is Bridge Program Manager, Fifth Coast Guard 2018. The air show will consist of scheduled to conclude at 7:59 a.m. on District. various flight demonstrations over the October 16, 2018. This notice included [FR Doc. 2018–22692 Filed 10–16–18; 8:45 am] St. Johns River in vicinity of NAS a request for comments and related BILLING CODE 9110–04–P Jacksonville. Over the years, there have material to reach the Coast Guard on or been unfortunate instances of aircraft before August 17, 2018. mishaps and crashes during On May 4, 2018, we published a DEPARTMENT OF HOMELAND performances at various air shows notice of proposed rulemaking; SECURITY around the world. Occasionally, these reopening comment period; entitled incidents result in a wide area of ‘‘Drawbridge Operation Regulation; Coast Guard scattered debris in the water that can Delaware River, Pennsauken Township, damage property or cause significant NJ’’ in the Federal Register (see 83 FR 33 CFR Part 165 injury or death to the public observing 19659). This notice included a request [Docket Number USCG–2018–0232] the air shows. The Captain of the Port for comments and related material to (COTP) Jacksonville has determined that reach the Coast Guard on or before RIN 1625–AA00 a safety zone is necessary to protect the August 17, 2018. general public from hazards associated Safety Zone; Blue Angels Air Show; St. During the third temporary deviation, with aerial flight demonstrations. daltland on DSKBBV9HB2PROD with RULES Johns River, Jacksonville, FL the following changes were On July 26, 2018, the Coast Guard implemented: (1) The on-site bridge AGENCY: Coast Guard, DHS. published a notice of proposed tender was removed from the bridge, (2) ACTION: Temporary final rule. rulemaking (NPRM) titled ‘‘Safety Zone; qualified personnel would return and Blue Angels Air Show; St. Johns River, operate the bridge within 60 minutes if SUMMARY: The Coast Guard is Jacksonville, FL’’ (83 FR 35442). There the remote operation system is establishing a temporary safety zone on we stated why we issued the NPRM, VerDate Sep<11>2014 16:09 Oct 16, 2018 Jkt 247001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\17OCR1.SGM 17OCR1


Document Created: 2018-10-17 01:47:25
Document Modified: 2018-10-17 01:47:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of temporary deviation from regulation.
DatesThis deviation is effective without actual notice from October 17, 2018 through 7:59 a.m. on December 15, 2018. For the purposes of enforcement, actual notice will be used from 8 a.m. on October 16, 2018, until October 17, 2018.
ContactIf you have questions on this temporary deviation, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); telephone (757) 398-6222, email [email protected]
FR Citation83 FR 52319 
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