Drawbridge Operation Regulations; New Jersey Intracoastal Waterway, Beach Thorofare, NJ

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.

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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

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(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

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Bridge name and Calling Working

Waterway Mile Location owner Call sign channel channel

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New Jersey

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New Jersey Intracoastal

Waterway.

(Beach Thorofare)......... 68.9 Atlantic City....... AMTRAK.............. WXZ 528.. 13 13

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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]

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