[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Proposed Rules]
[Pages 29677-29679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14394]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-014]
RIN 2115-AE47


Drawbridge Operation Regulations; Elizabeth River, South Branch, 
Portsmouth-Chesapeake, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to change the operating 
regulations for the Belt Line Railroad drawbridge across the Atlantic 
Intracoastal Waterway, Southern Branch of the Elizabeth River, mile 
2.6, at Portsmouth and Chesapeake, Virginia. The proposed rule would 
eliminate the need for a bridgetender by allowing the bridge to be 
operated by the bridge/train controller from a remote location at the 
Berkley Yard office. The Belt Line Bridge would be left in the open 
position, and would only close for the passage of trains and to perform 
maintenance.
    This proposal would maintain the bridge's current level of 
operational capabilities and continue providing for the reasonable 
needs of rail transportation and vessel navigation.

DATES: Comments must be received on or before July 31, 1998.

ADDRESSES: Comments should be mailed to Commander (Aowb), Fifth Coast 
Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, or may be hand delivered to the same 
address between 8 a.m. and 4 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (757) 398-6222. Comments will 
become a part of this docket and will be available for inspection and 
copying at the above address.

FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator, 
Fifth Coast Guard District, at (757) 398-6222.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views, or arguments. 
Persons submitting comments should include their names and addresses, 
identify this rulemaking (CGD05-98-014) and the specific section of 
this proposal to which each comment applies, and give the reason 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 wanting acknowledgment of receipt of 
comments 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.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Commander, Fifth Coast Guard District, 
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 in this proposed rulemaking, the Coast 
Guard will hold a public hearing at a time and place announced by a 
later notice in the Federal Register.

Background and Purpose

    The Belt Line Railroad Company has requested that the operating 
procedures for their drawbridge across the Southern Branch of the 
Elizabeth River, mile 2.6, located in Portsmouth and Chesapeake, 
Virginia, be changed by allowing operation of the bridge from a remote 
location for train crossings or maintenance. Currently, the bridge is 
left in the open position and only closed by a bridgetender on site. 
Belt Line has requested that the bridge be operated by the bridge/train 
controller at the Berkeley Yard office.
    Before closing the bridge, the off-site controller would monitor 
waterway traffic on the Southern Branch of the Elizabeth River in the 
area of the Belt Line Bridge with closed circuit cameras and surface 
navigational radar. The cameras would be mounted on top of the bridge 
and provide visual surveillance of waterway traffic upriver, downriver, 
and underneath the bridge for the controller. The controller would 
announce over marine radio at 30 minutes and 15 minutes prior to a 
bridge closing that the bridge will close to marine traffic. The 
controller would make a third, final announcement just before lowering 
the bridge. Channel lights located on top of the bridge would change 
from green to red any time the bridge is not in the full up position.
    This change is being requested to make the closure process more 
efficient during train crossings and periodic maintenance and to save 
operational expenses by eliminating bridgetenders while still providing 
the same bridge operational capabilities.

[[Page 29678]]

Discussion of Proposed Amendments

    The Coast Guard proposes to amend 33 CFR 117.997, which governs the 
Belt Line Railroad Bridge across the Southern Branch of the Elizabeth 
River, mile 2.6, located in Portsmouth and Chesapeake, Virginia, by 
allowing remote operation of the draw. The bridge would be lowered and 
raised off site by the controller at the Berkeley Yard office. The 
drawbridge would be left in the open position and would only close for 
the passage of trains and to perform periodic maintenance authorized in 
accordance with subpart A of this part.
    When the bridge closes for any reason, the controller would 
announce 30 minutes in advance, over marine channel 13, that the Belt 
Line Railroad Bridge is going to close for river traffic in 30 minutes. 
All concerned river traffic would be requested to acknowledge on marine 
channel 13. Then, 15 minutes prior to closing the bridge, the bridge/
train controller would again announce the closing over the radio, and 
request acknowledgment on marine channel 13. Immediately prior to 
lowering the bridge, the controller would make a final announcement 
that the bridge is now being lowered and request acknowledgment on 
marine channel 13.
    The bridge would only be lowered if closed circuit visual and radar 
information shows there are no vessels in the area and if no opposing 
radio communications have been received.
    If the off-site bridge/train controller's visibility of the 
navigational channel is less than \3/4\ of a mile, the bridge would not 
be operated from the remote site. Operation in visibility of less than 
\3/4\ of a mile would be done only by a drawtender at the bridge site.
    While the Belt Line Bridge is moving from the full open position to 
the full closed position, the controller would maintain constant 
surveillance of the waterway above and below the bridge to ensure no 
conflict with maritime traffic exists. In the event of failure of a 
camera or the radar system or loss of marine-radio communications, the 
bridge shall not be operated from the remote location. In these 
situations, a bridgetender must be called to operate the bridge on-
site.
    The Belt Line Bridge mid-channel lights would change from green to 
red any time the bridge is not in the full open position. During the 
downward span movement, a warning alarm would sound until the bridge is 
seated and locked down.
    When the rail traffic has cleared, the controller would announce 
over channel 13 that the draw is about to return to its full open 
position. While the draw is being raised, the alarm would sound, and 
when the bridge is in the fully open position, the bridge/train 
controller would announce over marine channel 13 that the Belt Line 
Bridge is open for river traffic. The mid-channel lights would turn 
from red to green. Operational information will be provided 24 hours a 
day on marine channel 13 and via telephone (757) 543-1996 or (757) 545-
2941.
    The Coast Guard proposes to revise 33 CFR 117.997 by redesignating 
paragraphs (a) through (h) as paragraphs (b) through (i) and adding a 
new paragraph (a).

Regulatory Evaluation

    This proposed 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 reached this 
conclusion based on the fact that the proposed changes will not prevent 
mariners from transiting the bridge, but merely require mariners to 
adhere to the proposed new operation procedures during transits of the 
bridge.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the U.S. 
Coast Guard must consider whether this proposed rule, if adopted, will 
have a significant economic impact on a substantial number of small 
entities. ``Small entities'' include small independently owned and 
operated businesses that are not dominant in their field 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 proposal to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this proposed rule, 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. 3510-3520).

Federalism

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this proposed regulation will not raise sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this 
proposal and concluded that under figure 2-1, paragraph (32)(e) of 
Commandant Instruction M16475.1C this proposed rule is categorically 
excluded from further environmental documentation based on the fact 
that this is a promulgation of an operating regulation for a 
drawbridge. A Categorical Exclusion Determination statement has been 
prepared and placed in the rulemaking docket.

List of Subject 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, 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); Section 
117.255 also issued under the authority of Pub. L. 102-587, 106 
Stat. 5039.

    2. Section 117.997 is amended by redesignating paragraphs (a) 
through (h) as paragraphs (b) through (i) and by adding a new paragraph 
(a) to read as follows:


Sec. 117.997  Atlantic Intracoastal Waterway, South Branch of the 
Elizabeth River to the Albermarle and Chesapeake Canal.

    (a) The draw of the Belt Line Railroad Bridge, mile 2.6, in 
Portsmouth and Chesapeake will operate as follows:
    (1) The bridge will be left in the open position at all times and 
will only be lowered for the passage of trains and to perform periodic 
maintenance authorized in accordance with subpart A of this part.
    (2) The bridge will be operated by the controller at the Berkley 
Yard office.
    (3) The controller will monitor waterway traffic in the area of the 
bridge and directly beneath the bridge with closed circuit cameras 
mounted on top of the bridge and with surface navigational radar.
    (4) When the bridge closes for any reason, the controller will 
announce 30 minutes in advance, 15 minutes in advance, and immediately 
preceeding the actual lowering, over marine

[[Page 29679]]

channel 13, that the Belt Line Railroad Bridge is closing for river 
traffic. In each of these three announcements, the bridge/train 
controller will request all concerned river traffic to please 
acknowledge on marine channel 13.
    (5) The bridge shall only be operated from the remote site if 
closed circuit visual and radar information shows there are no vessels 
in the area and no opposing radio communications have been received.
    (6) While the Belt Line Bridge is moving from the full open 
position to the full closed position, the bridge/train controller will 
maintain constant surveillance of the navigational channel to ensure no 
conflict with maritime traffic exists. In the event of failure of a 
camera or the radar system, or loss of marine-radio communications, the 
bridge shall not be operated by the off-site bridge/train controller 
from the remote location.
    (7) If the off-site bridge/train controller's visibility of the 
navigational channel is less than \3/4\ of a mile, the bridge shall not 
be operated from the remote location.
    (8) When the draw cannot be operated form the remote site, a 
bridgetender must be called to operate the bridge in the traditional 
on-site manner.
    (9) The Belt Line mid-channel lights will change from green to red 
anytime the bridge is not in the full open position.
    (10) During the downward and upward span movement, a warning alarm 
will sound until the bridge is seated and locked down or in the full 
open position.
    (11) When the bridge has returned to its full up position, the mid-
channel light will turn from red to green, and the controller will 
announce over marine radio channel 13, ``Security, security, security, 
the Belt Line bridge is open for river traffic.'' Operational 
information will be provided 24 hours a day on marine channel 13 and 
via telephone (757) 543-1996 or (757) 545-2941.
* * * * *
    Dated: May 20, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-14394 Filed 5-29-98; 8:45 am]
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