83 FR 59307 - Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 226 (November 23, 2018)
Coast Guard
Federal Register Volume 83, Issue 226 (November 23, 2018)
| Page Range | 59307-59312 | |
| FR Document | 2018-25544 |
[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)] [Rules and Regulations] [Pages 59307-59312] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25544] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0257] RIN 1625-AA09 Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is modifying the operating regulation that governs the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This modified regulation will allow the bridge to be remotely operated from the Conrail South Jersey dispatch center in Mount Laurel, NJ, instead of being operated by an on-site bridge tender. This regulation will not change the operating schedule of the bridge. DATES: This rule is effective December 24, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to 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
![Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations 59307
(2) Surrogacy. Surrogacy is a feature related decisions for an eligible to any other sponsor’s dependent,
that allows an individual who may not individual. unless that sponsor’s dependent has
be affiliated with the DoD and who may (e) Permissions. A sponsor, a been identified as a surrogate.
not be related to the DS Logon sponsor’s spouse, and a sponsor’s Dated: November 19, 2018.
credential holder or eligible individual dependent over the age of 18 can
Aaron T. Siegel,
by a DoD-recognized family relationship manage who has access to their
information (i.e., who has access to view Alternate OSD Federal Register Liaison
to be granted access to a DS Logon Officer, Department of Defense.
credential holder’s or an eligible and edit their information and who is
eligible to act on their behalf). The [FR Doc. 2018–25500 Filed 11–21–18; 8:45 am]
individual’s information. A surrogate
may be established as the custodian of provisions of this section may be BILLING CODE 5001–06–P
a deceased Service member’s unmarried superseded by order of a court of
minor child(ren) who is under 18, who competent jurisdiction.
is at least 18 but under 23 and attending (1) Sponsor access. Sponsors will
automatically have access to the DEPARTMENT OF HOMELAND
school full-time, or who is
information of all dependents under the SECURITY
incapacitated. A surrogate may also be
established as the agent of an age of 18.
(2) Spousal access—(i) Automatic. A Coast Guard
incapacitated dependent (e.g., spouse,
parent) or of a wounded, ill, or sponsor’s spouse will automatically
have access to the information of all 33 CFR Part 117
incapacitated Service member.
(i) Eligibility. An operator must first dependent children under the age of 18
establish an identity in DEERS before whose relationship to the sponsor began [Docket No. USCG–2016–0257]
establishing the surrogacy association in on or after the date of marriage of the
DS Logon. To establish a surrogate sponsor and sponsor’s spouse. RIN 1625–AA09
(ii) Sponsor-granted. The sponsor may
association, the surrogate must present
grant the sponsor’s spouse access to the Drawbridge Operation Regulation;
to an operator for approval:
information of dependent children Delaware River, Pennsauken
(A) A completed and signed DD Form
under the age of 18 whose relationship Township, NJ
3005, ‘‘Application for Surrogate
to the sponsor began before the date of
Association for DoD Self-Service (DS) AGENCY: Coast Guard, DHS.
marriage of the sponsor and the
Logon.’’ ACTION: Final rule.
sponsor’s spouse.
(B) Any additional eligibility (3) Granted access. A sponsor, a
documents required by the DD Form sponsor’s spouse, and a sponsor’s SUMMARY: The Coast Guard is modifying
3005 which describe the scope of the dependent over the age of 18 may grant the operating regulation that governs the
surrogate’s authority. access to their information via the My DELAIR Memorial Railroad Bridge
(C) Proof of identity, in accordance Access Center website in accordance across the Delaware River, mile 104.6, at
with the requirements for in-person with paragraph (c)(3) of this section. Pennsauken Township, NJ. This
proofing in paragraph (c)(1)(iii) of this Surrogate access to the information of a modified regulation will allow the
section. sponsor, a sponsor’s spouse, and a bridge to be remotely operated from the
(ii) Types of surrogates—(A) Financial sponsor’s dependent (regardless of age) Conrail South Jersey dispatch center in
agent (FA). An eligible individual must be granted via in-person proofing, Mount Laurel, NJ, instead of being
names an FA to assist with specific including the submission of eligibility operated by an on-site bridge tender.
financial matters. documents to an operator for approval This regulation will not change the
(B) Legal agent (LA). An eligible in accordance with paragraph (d)(2) of operating schedule of the bridge.
individual names an LA to assist with this section. DATES: This rule is effective December
legal matters. (i) Access granting by a sponsor. 24, 2018.
(C) Caregiver (CG). An eligible Sponsors may grant their spouse access ADDRESSES: To view documents
individual names a CG to assist with to the sponsor’s information and the mentioned in this preamble as being
general health care requirements information of any sponsor’s available in the docket, go to http://
(example, viewing general health-care dependents under the age of 18. Access www.regulations.gov. Type USCG–
related information, scheduling to the sponsor’s information and the 2016–0257 in the ‘‘SEARCH’’ box and
appointments, refilling prescriptions, information of any sponsor’s click ‘‘SEARCH.’’ Click on Open Docket
and tracking medical expenses), but dependents under the age of 18 may not Folder on the line associated with this
does not make health care decisions. be granted to any other sponsor’s rulemaking.
(D) Health care agent (HA). An dependent, unless that dependent has
eligible individual (the patient) names FOR FURTHER INFORMATION CONTACT: If
been identified as a surrogate. you have questions on this rule, call or
an HA in a durable power of attorney for (ii) Access granting by a spouse.
health care documents to make health email Mr. Hal R. Pitts, Fifth Coast Guard
Spouses may grant the sponsor access to
care decisions. District (dpb); telephone (757) 398–
the spouse’s information. Access to the
(E) Legal guardian (LG). An LG is 6222, email Hal.R.Pitts@uscg.mil.
spouse’s information may not be granted
appointed by a court of competent to any other sponsor’s dependent, SUPPLEMENTARY INFORMATION:
jurisdiction in the United States (or unless that sponsor’s dependent has I. Table of Abbreviations
jurisdiction of the United States) to been identified as a surrogate.
make legal decisions for an eligible (iii) Access granting by a dependent CFR Code of Federal Regulations
amozie on DSK3GDR082PROD with RULES
individual. over 18. A sponsor’s dependent over the DHS Department of Homeland Security
FR Federal Register
(F) Special guardian (SG). An SG is age of 18 may grant the sponsor and the OMB Office of Management and Budget
appointed by a court of competent sponsor’s spouse access to the NPRM Notice of Proposed Rulemaking
jurisdiction in the United States (or dependent’s information. Access to the (Advance, Supplemental)
jurisdiction of the United States) for the information of a sponsor’s dependent § Section
specific purpose of making health care- over the age of 18 may not be granted U.S.C. United States Code
VerDate Sep<11>2014 16:13 Nov 21, 2018 Jkt 247001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1](https://thefederalregister.org/doc/83_FR_59533/page/1.svg)
![59312 Federal Register / Vol. 83, No. 226 / Friday, November 23, 2018 / Rules and Regulations
(ii) When the draw cannot be opened required by 33 CFR 117.5. Navigation on hazards associated with the
immediately—illumination of a fixed the waterway is commercial and construction of an underground
red light not more 30 seconds after the recreational. pipeline. Entry of vessels or persons
vessel’s opening signal. The drawspan will be secured in the into this zone is prohibited unless
(7) The fixed white light will remain closed-to-navigation position from 7 authorized by the Captain of the Port
illuminated until the bridge reaches the a.m. on November 26, 2018, through 4 Sector Ohio Valley or a designated
fully open position. The fixed white and p.m. on November 27, 2018, to allow the representative.
red lights will be positioned on the east bridge owner to perform necessary DATES: This rule is effective without
(New Jersey) bridge abutment adjacent preventative maintenance and non- actual notice from November 23, 2018
to the navigation span. destructive testing on the bridge’s lift through 7:30 p.m. on January 25, 2019.
Dated: November 14, 2018. span gear box. This temporary deviation For the purposes of enforcement, actual
G.G. Stump, has been coordinated with the waterway notice will be used from November 19,
users. No objections to the proposed 2018, through November 23, 2018.
Captain, U.S. Coast Guard, Acting
Commander, Fifth Coast Guard District. temporary deviation were raised. ADDRESSES: To view documents
Vessels able to pass through the mentioned in this preamble as being
[FR Doc. 2018–25544 Filed 11–21–18; 8:45 am]
bridge in the closed position may do so available in the docket, go to http://
BILLING CODE 9110–04–P
at anytime. The bridge will not be able www.regulations.gov, type USCG–2018–
to open for emergencies. The 1030 in the ‘‘SEARCH’’ box and click
DEPARTMENT OF HOMELAND Sacramento River and San Joaquin River ‘‘SEARCH.’’ Click on Open Docket
SECURITY can be used as alternate routes for Folder on the line associated with this
vessels unable to pass through the rule.
Coast Guard bridge in the closed position. The Coast
FOR FURTHER INFORMATION CONTACT: If
Guard will also inform the users of the
you have questions on this rule, call or
33 CFR Part 117 waterway through our Local and email Petty Officer Nicholas Jones,
Broadcast Notices to Mariners of the Marine Safety Detachment Nashville,
[Docket No. USCG–2018–1010] change in operating schedule for the U.S. Coast Guard; telephone 615–736–
bridge so that vessel operators can 5421, email MSDNashville@uscg.mil.
Drawbridge Operation Regulation;
arrange their transits to minimize any
Three Mile Slough, Rio Vista, CA SUPPLEMENTARY INFORMATION:
impact caused by the temporary
AGENCY: Coast Guard, DHS. deviation. I. Table of Abbreviations
ACTION:Notice of deviation from In accordance with 33 CFR 117.35(e), CFR Code of Federal Regulations
drawbridge regulation. the drawbridge must return to its regular COTP Captain of the Port Sector Ohio
operating schedule immediately at the Valley
SUMMARY: The Coast Guard has issued a end of the effective period of this DHS Department of Homeland Security
temporary deviation from the operating temporary deviation. This deviation FR Federal Register
schedule that governs the California from the operating regulations is NPRM Notice of proposed rulemaking
Route 160 Drawbridge across Three Mile authorized under 33 CFR 117.35. § Section
Slough, mile 0.1, near Rio Vista, CA. U.S.C. United States Code
Dated: November 15, 2018.
The deviation is necessary to conduct II. Background Information and
preventative maintenance. This Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard
Regulatory History
deviation allows the bridge to remain in
the closed-to-navigation position. District. The Coast Guard is issuing this
[FR Doc. 2018–25455 Filed 11–21–18; 8:45 am] temporary rule without prior notice and
DATES: This deviation is effective from
BILLING CODE 9110–04–P opportunity to comment pursuant to
7 a.m. on November 26, 2018, through authority under section 4(a) of the
4 p.m. on November 27, 2018. Administrative Procedure Act (5 U.S.C.
ADDRESSES: The docket for this DEPARTMENT OF HOMELAND 553(b)). This provision authorizes an
deviation, USCG–2018–1010, is SECURITY agency to issue a rule without prior
available at http://www.regulations.gov. notice and opportunity to comment
Type the docket number in the Coast Guard when the agency for good cause finds
‘‘SEARCH’’ box and click ‘‘SEARCH.’’ that those procedures are
Click on Open Docket Folder on the line 33 CFR Part 165 ‘‘impracticable, unnecessary, or contrary
associated with this deviation. to the public interest.’’ Under 5 U.S.C.
[Docket Number USCG–2018–1030]
FOR FURTHER INFORMATION CONTACT: If 553(b)(3)(B), the Coast Guard finds that
you have questions on this temporary RIN 1625–AA00 good cause exists for not publishing a
deviation, call or email Carl T. Hausner, notice of proposed rulemaking (NPRM)
Chief, Bridge Section, Eleventh Coast Safety Zones; Pipeline Construction, with respect to this rule because it is
Guard District; telephone 510–437– Tennessee River Miles 465 to 466, impracticable. We must establish this
3516, email Carl.T.Hausner@uscg.mil. Chattanooga, TN safety zone by November 19, 2018, and
SUPPLEMENTARY INFORMATION: The AGENCY: Coast Guard, DHS. lack sufficient time to provide a
California Department of Transportation ACTION: Temporary final rule. reasonable comment period and then
has requested a temporary change to the consider those comments before issuing
operation of the California Route 160 SUMMARY: The Coast Guard is the rule. On November 1, 2018,
amozie on DSK3GDR082PROD with RULES
Drawbridge over Three Mile Slough, establishing a temporary safety zone for Reynolds Construction, LLC notified
mile 0.1, near Rio Vista, CA The all navigable waters of the Tennessee Marine Safety Detachment Nashville
drawbridge navigation span provides a River from mile marker (MM) 465 to that their underwater pipeline
vertical clearance of 12 feet above Mean MM 466. This safety zone is necessary construction operations at mile marker
High Water in the closed-to-navigation to protect persons, property, and the 465.2 of the Tennessee River would be
position. The draw opens on signal as marine environment from potential ready to commence on November 19,
VerDate Sep<11>2014 16:13 Nov 21, 2018 Jkt 247001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1](https://thefederalregister.org/doc/83_FR_59533/page/6.svg)
Document Created: 2018-11-27 12:59:40
Document Modified: 2018-11-27 12:59:40
| 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 | Final rule. | |
| Dates | This rule is effective December 24, 2018. | |
| 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] | |
| FR Citation | 83 FR 59307 | |
| RIN Number | 1625-AA09 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR