[Federal Register Volume 83, Number 226 (Friday, November 23, 2018)]
[Rules and Regulations]
[Pages 59307-59312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25544]


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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.

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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


