[Federal Register: October 12, 2004 (Volume 69, Number 196)]
[Proposed Rules]
[Page 60597-60600]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12oc04-23]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[CGD05-04-168]
RIN 1625-AA09
Drawbridge Operation Regulations; Christina River, Wilmington, DE
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change the regulations that govern
the operation of the Norfolk Southern (NS) Railroad Bridge across
Christina River, at mile 1.4, in Wilmington, DE. The proposed change
would maintain the bridge's current level of operational capabilities
and continue to provide for the reasonable needs of rail transportation
and vessel navigation.
DATES: Comments and related material must reach the Coast Guard on or
before December 13, 2004.
ADDRESSES: You may mail comments and related material to Commander
(obr), Fifth Coast Guard District, Federal Building, 4th Floor, 431
Crawford Street, Portsmouth, VA 23704-5004. The Fifth Coast Guard
District maintains the public docket for this rulemaking. Comments and
material received from the public, as well as documents indicated in
this preamble as being available in the docket, will become part of
this docket and will be available for inspection or copying at
Commander (obr), Fifth Coast Guard District between 8 a.m. and 4 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Anton Allen, Bridge Management
Specialist, Fifth Coast Guard District, at (757) 398-6227.
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related material. If you do so, please include your name
and address, identify the docket number for this rulemaking CGD05-04-
168, indicate the specific section of this document to which each
comment applies, and give the reason for each comment. Please submit
all comments and related material in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying. If you would like a return
receipt, please enclose a stamped, self-addressed postcard or envelope.
We will consider all submittals received during the comment
[[Page 60598]]
period. We may change this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander (obr), Fifth Coast Guard
District at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
Background and Purpose
Norfolk Southern Corporation (NSC), who owns and operates this
swing-type bridge at mile 1.4 across the Christina River, in
Wilmington, DE, requested a change to the current operating procedures
set out in 33 CFR part 117.237(a)(2) which requires the draw to open on
signal, except that the draw of a railroad bridge need not be opened
when a train is in the bridge block, approaching the bridge, or within
5 minutes of the passage of a passenger train; but in no event shall
the opening of the draw be delayed more than 10 minutes. This proposed
rule would allow the NS Railroad Bridge to remain open to vessel
traffic, closing only for train crossings and periodic maintenance.
This proposed rule would also allow the NS Railroad Bridge to be
operated from a remote location at the Harrisburg, PA Dispatcher's
Office.
NSC has installed closed circuit cameras in the area of the bridge
and directly beneath the bridge, mounted on the center pier fender
systems on both sides. Infrared sensors have also been installed to
cover the swing radius of the bridge. This equipment enhances the
controller's ability to monitor vessel traffic from the remote
location. The controller will also monitor marine channel 13.
This change is being requested to make the operation of the NS
Railroad Bridge more efficient. It will save operational costs by
eliminating the continuous presence of bridge tenders, and is expected
to decrease maintenance costs. In addition, the draw being left in the
open position most of the time will provide for greater flow of vessel
traffic than the current regulation.
Discussion of Proposed Rule
The Coast Guard proposes to amend the regulations governing the NS
Railroad Bridge, at mile 1.4, in Wilmington, DE, which currently
operates on signal. The Coast Guard proposes to insert this new
specific regulation at 33 CFR 117.237(b). Paragraph (b) would contain
the proposed rule for the NS Railroad Bridge, at mile 1.4, in
Wilmington, DE. The rule would allow the draw of the bridge to be
operated remotely by the off-site controller at the Harrisburg, PA
Dispatcher's Office.
The draw would remain in the open position for navigation and shall
only be closed for the passage of trains or periodic maintenance
authorized in accordance with subpart A of this part.
Before the NS Railroad Bridge closes for any reason, the remote
operator will monitor waterway traffic in the area with closed circuit
cameras and infrared sensors mounted on the bridge. The bridge would
only be closed if the off-site remote operator's visual inspection
shows that the channel is clear and there are no vessels transiting in
the area.
While the NS Railroad Bridge is moving from the full open to the
full closed position, the controller will maintain constant
surveillance of the navigation channel to ensure that no conflict with
maritime traffic exists. In the event of failure or obstruction of
monitoring equipment, the controller will stop and return the bridge to
the full open position to vessels. In these situations, a bridge tender
must be called and on-site within 30 minutes to operate the bridge.
Before closing the draw, the channel traffic lights would change
from flashing green to flashing red, the horn will sound five short
blasts, and an audio voice warning stating, ``Norfolk Southern's
Railroad Bridge over Christina River at milepost 1.4 will be closing to
river traffic.'' Five short blasts of the horn will continue until the
bridge is seated and locked down to vessels, the channel traffic lights
will continue to flash red.
When the rail traffic has cleared, the horn will automatically
sound one prolonged blast followed by one short blast to indicate that
the draw of the Norfolk Southern Railroad Bridge is about to return to
its full open position to vessels. During the open swing movement, the
channel traffic lights would flash red until the bridge is in the full
open position. In the full open position to vessels, the bridge channel
lights will flash green followed by an announcement stating,
``Security, security, security, the Norfolk Southern Railroad Bridge at
mile 1.4 is open for river traffic.'' Operational information will be
provided 24 hours a day on marine channel 13 and via telephone (717)
541-2140.
The Coast Guard proposes to amend 33 CFR 117.237 by redesignating
paragraphs (b) through (d) as paragraphs (c) through (e) and add a new
paragraph (b).
The proposal will also change the name of the bridges in
redesignated paragraph (2)(d) from ``Conrail Bridges'' to ``Norfolk
Southern Railroad Bridges''. The name changes will accurately reflect
the names of these bridges. Text modifications to be consistent with
other proposed changes will be made in these paragraphs, as
appropriate.
Regulatory Evaluation
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS).
We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. We reached this conclusion based
on the fact that the proposed changes have only a minimal impact on
maritime traffic transiting the bridge. Although the NS Railroad Bridge
will be untended and operated from a remote location, mariners can
continue their transits because the bridge will remain open to
mariners, only to be closed for train crossings or periodic
maintenance.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
This proposed rule would not have a significant economic impact on
a substantial number of small entities for the following reason. The
rule allows the NS Railroad Bridge to operate remotely and requires the
bridge to remain in the open position to vessels the majority of the
time, only closing for train crossings or periodic maintenance.
[[Page 60599]]
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Waverly W. Gregory, Jr., Bridge
Administrator, Fifth Coast Guard District, (757) 398-6222. 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.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed rule under 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 concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this proposed rule is categorically excluded,
under figure 2-1, paragraph (32)(e) of the Instruction, from further
environmental documentation because it has been determined that the
promulgation of operating regulations for drawbridges are categorically
excluded.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 117 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; Department of Homeland Security
Delegation No. 0170.1; 33 CFR 1.05-1(g); section 117.255 also issued
under the authority of Pub. L. 102-587, 106 Stat. 5039.
2. In Sec. 117.237 redesignate paragraphs (b) through (d) as
paragraphs (c) through (e) and add a new paragraph (b), and revise
newly redesignated paragraph (d) to read as follows:
Sec. 117.237 Christina River.
* * * * *
(b) The draw of the Norfolk Southern Railroad Bridge, mile 1.4 at
Wilmington, shall operate as follows:
(1) The draw shall remain in the open position for navigation. The
draw shall only be closed for train crossings or periodic maintenance
authorized in accordance with Subpart A of this part.
(2) The bridge shall be operated by the controller at the
Harrisburg, PA Dispatcher's Office. The controller shall monitor vessel
traffic with closed circuit cameras and infrared sensors covering the
swing radius. Operational
[[Page 60600]]
information will be provided 24 hours a day on marine channel 13 and
via telephone (717) 541-2140.
(3) The bridge shall not be operated from the remote location in
the following events: Failure or obstruction of the infrared sensors,
closed-circuit cameras or marine-radio communications, or when
controller visibility is less than \3/4\ of a mile. In these
situations, a bridge tender must be called to operate the bridge on-
site.
(4) Before the bridge closes for any reason, the remote operator
will monitor waterway traffic in the area. The bridge shall only be
closed if the off-site remote operator's visual inspection shows that
the channel is clear and there are no vessels transiting in the area.
While the bridge is moving, the operator shall maintain constant
surveillance of the navigation channel.
(5) Before closing the draw, the channel traffic lights would
change from flashing green to flashing red, the horn will sound five
short blasts, and an audio voice warning stating, ``Norfolk Southern's
Railroad Bridge over Christina River at milepost 1.4 will be closing to
river traffic.'' Five short blasts of the horn will continue until the
bridge is seated and locked down to vessels, the channel traffic lights
will continue to flash red.
(6) When the rail traffic has cleared, the horn will automatically
sound one prolonged blast followed by one short blast to indicate the
draw is opening to vessel traffic. During the opening swing movement,
the channel traffic lights would flash red until the bridge returns to
the fully open position. In the full open position to vessels, the
bridge channel lights will flash green followed by an announcement
stating, ``Security, security, security, the Norfolk Southern Railroad
Bridge at mile 1.4 is open for river traffic.''
(c) * * *
(d) The draws of the Norfolk Southern Railroad bridges, at miles
4.1 and 4.2, both at Wilmington, shall open on signal from 6 a.m. to 8
p.m. if at least 24 hours notice is given. From 8 p.m. to 6 a.m., the
draws need not be opened for the passage of vessels.
* * * * *
Dated: September 28, 2004.
Ben R. Thomason III,
Captain, United States Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 04-22850 Filed 10-8-04; 8:45 am]
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