[Federal Register Volume 60, Number 43 (Monday, March 6, 1995)]
[Proposed Rules]
[Pages 12178-12180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5386]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-94-092]
Drawbridge Operation Regulations; New Jersey Intracoastal
Waterway, Beach Thorofare, NJ
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: At the request of the National Railroad Passenger Corporation
(AMTRAK), the Coast Guard is considering a change to the regulations
governing operation of the AMTRAK/New Jersey Transit Rail Operation
(NJTRO) drawbridge across the Beach Thorofare, at New Jersey
Intracoastal Waterway, mile 68.9, at Atlantic City, New Jersey, by
permitting the bridge to be operated remotely from AMTRAK's
Philadelphia office. This proposal is being made in an effort to
combine bridge tender and dispatcher positions, enhance rail safety and
operation, and reduce operating costs. This action should relieve
AMTRAK of the burden of having to man the bridge constantly to open the
draw, and should still provide for the reasonable needs of navigation.
DATES: Comments must be received on or before June 5, 1995.
ADDRESSES: Comments may be mailed to Commander (ob), Fifth Coast Guard
District, c/o Commander (obr), First Coast Guard District, Bldg. 135A,
Governors Island, New York 10004-5073.
Any comments received will become part of this docket and will be
available for inspection and copying by appointment at Bldg. 135A,
Governors Island, New York 10004-5073. Normal office hours are between
7 a.m. and 3:30 p.m., Monday through Fridays, except Federal holidays.
Comments may also be hand-delivered to this address.
FOR FURTHER INFORMATION CONTACT:
Gary Kassaf, Bridge Administrator--NY, Fifth Coast Guard District,
(212) 668-7069, 668-7021, or 668-7165.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written views, comments, data, or
arguments. Persons submitting comments should include their names and
addresses, identify this rulemaking (CGD05-94-092), and the specific
section of this proposal to which each comment applies, and give
reasons for each comment. The Coast Guard requests that all comments
and attachments be submitted in an unbound format suitable for copying
and electronic filing. If not practical, a second copy of any bound
material is requested. Persons desiring acknowledgment that their
comments have been received should enclose a stamped, self-addressed
postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments
received.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander (ob) at the address under
ADDRESSES. The request should include reasons why a hearing would be
beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place to be announced by a later notice in
the Federal Register.
Drafting Information
The drafters of this notice are Mr. J. Arca, Fifth Coast Guard
District, Bridge Branch--NY, Project Officer, and LCDR C.A. Abel, Fifth
Coast Guard District Legal Office, Project Attorney.
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, and 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 increases during the normal season 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 show the bridge averaged 1 opening per day in February; 1 or 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 shows the number of trains per month
crossing the bridge in both directions remained fairly constant,
averaging between 900 and 1000 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 [[Page 12179]] would like to combine the bridge
tender and train dispatcher positions in its Philadelphia office. By
controlling openings of the bridge and movement of trains across the
bridge 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 concern in the evaluation of this request.
The proposed change establishes procedures and criteria for remote
operation of the drawbridge, while providing mariners warning of this
operation and a 24 hour-a-day point of contact for normal or emergency
operation.
Regulatory Evaluation
This proposal 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
proposal 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 the regulation
will not prevent mariners from transiting the Beach Thorofare Bridge,
nor will it change the present opening schedule. 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 proposal, if adopted, 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 field and that
otherwise qualify as ``small business concern'' under section 3 of the
Small Business Act (15 U.S.C. 632). Because it expects the impacts of
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal 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 proposal in accordance with the
principles and criteria contained in Executive Order 12612, and has
determined that this proposed regulation does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2.e(32)(e) of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. A Categorical Exclusion
Determination statement and checklist has been prepared and placed in
the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend part 117 of title 33, Code of Federal Regulations, 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 Operation
(NJTRO) automated railroad swing bridge, mile 68.9, across Beach
Thorofare 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 waiting 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 Channel 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 also shall 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 from local control. Personnel shall be dispatched to
arrive at the bridge as soon as possible but not more than one hour
after malfunction or inoperation of the remote system. Mechanical by-
pass and override capability for remote operation shall be provided and
maintained.
(6) When the draw is opening, being closed, or is closed, yellow
flashing lights located on the ends of the center piers shall be
displayed continuously until the bridge is in the fully open position.
* * * * *
3. Appendix A to part 117 is amended by adding a new entry under
the State of New Jersey in alphabetical order to read as follows: New
Jersey Intracoastal Waterway.
[[Page 12180]]
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....... AMTRAK.............. WXZ 528.. 13 13
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Dated: February 3, 1995.
W.J. Ecker,
Rear Admiral, U.S. Coast Guard, Commander Fifth Coast Guard District.
[FR Doc. 95-5386 Filed 3-3-95; 8:45 am]
BILLING CODE 4910-14-M
