[Federal Register Volume 60, Number 197 (Thursday, October 12, 1995)]
[Rules and Regulations]
[Pages 53129-53131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25290]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-94-092]
Drawbridge Operation Regulations; Beach Thorofare, New Jersey
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulations governing
operation of the National Railroad Corporation (AMTRAK)/New Jersey
Transit Rail Operation (NJTRO) drawbridge across the Beach Thorofare,
New Jersey Intracoastal Waterway, mile 68.9, at Atlantic City, New
Jersey. This change to the regulations will allow the bridge to be
operated remotely from AMTRAK's Philadelphia office. This change is
being made in an effort to combine bridgetender and dispatcher
positions, enhance rail safety operations and reduce operating costs.
This action will relieve AMTRAK of the burden of having a person
constantly at the bridge to open the draw, and will still provide for
the reasonable needs of navigation.
EFFECTIVE DATE: November 13, 1995.
FOR FURTHER INFORMATION CONTACT: Gary Kassof, Bridge Administrator, NY,
Fifth Coast Guard District (212) 668-7069.
SUPPLEMENTARY INFORMATION:
Drafting Information: The principal persons involved in drafting
this document are Mr. J. Arca, Fifth Coast Guard District, Bridge
Branch, NY, Project Manager, and CAPT R. A. Knee, Fifth Coast Guard
District Legal Office, Project Counsel.
Regulatory History
On March 6, 1995, the Coast Guard published a Notice of Proposed
Rulemaking entitled ``Drawbridge Operation Regulations; New Jersey
Intracoastal Waterway, New Jersey'' in the Federal Register (60 FR
12178). The Coast Guard received four comments on the Notice of
Proposed Rulemaking. One offered no objection and three opposed the
proposal. Objections cited the need for visual observation to safely
operate the bridge from a remote location; concern over the ability of
the bridge to open in an emergency; and concern for the safety of
navigation and nearby children.
The Coast Guard believes the drawbridge is adequately equipped to
meet these concerns. The bridge is equipped with eight cameras which
provide visual coverage of the entire bridge and waterway. One of the
eight cameras has zoom and pan action capability covering a 360 degree
arc. Whenever the remote control system equipment is partially
disabled, or fails for any reason, the bridge will be physically tended
and operated from a local control site as soon as possible, but in no
case later than an hour after the malfunction. The bridge is equipped
with a radiotelephone capable of communicating in both local and remote
control locations. The bridge is also equipped with directional
microphones and horns with the ability to receive and deliver signals.
A public hearing was not requested, and one was not held.
Background and Purpose
A permit was issued by the Coast Guard on December 20, 1988, to
replace and slightly raise the superstructure of the Beach Thorofare
Bridge. The new drawbridge provides a vertical clearance of 4 feet at
mean high water and 9 feet at mean low water when in the closed
position. Prior to its rehabilitation in 1988, the old bridge was left
in the open position and unused for 5 to 10 years. However, the
regulations governing operation of this bridge require that the bridge
open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m., the draw
is required to open on signal from 20 minutes to 30 minutes after each
hour and remain open for all waiting vessels. As a result of the
rehabilitation and replacement work, the bridge now operates according
to the published regulations. AMTRAK seeks to operate the bridge
remotely from its Philadelphia office.
The Beach Thorofare section of the New Jersey Intracoastal Waterway
is used primarily by recreational power boats ranging in length from
eighteen (18) to thirty-eight (38) feet. The bridge is required to open
for vessel traffic infrequently during the winter months. The number of
openings increase during the normal boating season.
However, the number of openings is not excessive. During the period
from February 1994 through June 1994, drawlogs for the Beach Thorofare
Bridge showed the bridge averaged 1 opening per day in February, 1 to 2
openings per day in March, 2 openings per day in April, 6 openings per
day in May, and 7 openings per day in June. During the same 5 month
period, data provided by AMTRAK showed the number of trains per month
crossing the bridge in both directions remained fairly constant,
averaging between 900 and 1,000 trains per month. The vast majority of
these trains are passenger/shuttle type trains transporting persons
wishing to visit Atlantic City, New Jersey. Train traffic across the
bridge is proportionately much heavier than waterway traffic requiring
openings of the bridge. Because of the relatively few requests for
bridge openings, AMTRAK would like to combine the bridgetender and
train dispatcher positions in its Philadelphia office. By controlling
openings of the bridge and movement of trains across the bridge
remotely from one location, AMTRAK can reduce operating costs and still
closely monitor operations at the bridge.
The Coast Guard has no record of any vessel allisions with this
bridge. The vessels that do use this waterway are relatively small, and
it is unlikely that they could create major damage to the bridge even
if a vessel/bridge allision did occur. Therefore, safety does not
appear to be a significant concern in the evaluation of this request.
This change establishes procedures and criteria for remote
operation of the drawbridge, while still providing for the needs of
navigation.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation, under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. This conclusion is based on the fact that this rule will
not prevent mariners from passing through the Beach Thorofare Bridge
nor will it change the present opening schedule.
[[Page 53130]]
Rather, it will permit the bridge owner to operate the bridge remotely.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this final rule will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include independently owned and operated small
businesses that are not dominant in their fields and that otherwise
qualify as ``small business concerns'' under section 3 of the Small
Business Act (15 U.S.C. 632). Because it expects the impact of this
rule to be minimal, 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.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and it has been determined
that this rule will not have sufficient federalism implications to
warrant preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2.e.(32)(e) of Commandant
Instruction M16475.1B (as amended, 59 FR 38654, 29 July 1994), this
rule is categorically excluded from further environmental
documentation. A Categorical Exclusion Determination statement has been
prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
In consideration of the foregoing, the Coast Guard is amending part
117 Title 33, Code of Federal Regulations to read 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; 49 CFR 1.46; 33 CFR 1.05-1(g).
2. Section 117.733(e) is revised to read as follows:
Sec. 117.733 New Jersey Intracoastal Waterway.
* * * * *
(e) The draw of the AMTRAK New Jersey Transit Rail Operations
(NJTRO) automated railroad swing bridge across Beach Thorofare, mile
68.9 at Atlantic City shall operate as follows:
(1) Open on signal from 11 p.m. to 6 a.m. From 6 a.m. to 11 p.m.,
the draw shall open on signal from 20 minutes to 30 minutes after each
hour and remain open for all awaiting vessels.
(2) Opening of the draw span may be delayed for ten minutes except
as provided in Sec. 117.31(b). However, if a train is moving toward the
bridge and has crossed the home signal for the bridge before the signal
requesting opening of the bridge is given, that train may continue
across the bridge and must clear the bridge interlocks before stopping.
(3) When the bridge is not tended locally and/or is operated from a
remote location, sufficient, closed circuit TV cameras shall be
operated and maintained at the bridge site to enable the remotely
located bridge/train controller to have full view of both river traffic
and the bridge.
(4) Radiotelephone Channels 13 (156.65 Mhz) and 16 (156.8 Mhz) VHF-
FM, shall be maintained and utilized to facilitate communication in
both remote and local control locations. The bridge shall also be
equipped with directional microphones and horns to receive and deliver
signals to vessels within a mile that are not equipped with
radiotelephones.
(5) Whenever the remote control system equipment is partially
disabled or fails for any reason, the bridge shall be physically tended
and operated by local control. Personnel shall be dispatched to arrive
at the bridge as soon as possible, but not more than one hour after
malfunction or disability of the remote system. Mechanical bypass and
override capability for remote operation shall be provided and
maintained.
(6) When the draw is opening and closing, or is closed, yellow
flashing lights located on the ends of the centers piers shall be
displayed continuously until the bridge is returned to the fully open
position.
* * * * *
3. Appendix A to Part 117 is amended by adding the New Jersey
Intracoastal Waterway entry under the State of New Jersey to read as
follows:
Appendix A to Part 117--Drawbridges Equipped With Radiotelephones
----------------------------------------------------------------------------------------------------------------
Bridge name and Calling Working
Waterway Mile Location owner Call sign channel channel
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
New Jersey
* * * * * *
*
New Jersey Intracoastal
Waterway
(Beach Thorofare).............. 68.9 Atlantic City.... Beach Thoro WXZ 528 13 13
AMTRAK.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
[[Page 53131]]
Dated: September 28, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 95-25290 Filed 10-11-95; 8:45 am]
BILLING CODE 4910-14-M
