[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Rules and Regulations]
[Pages 55947-55948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28036]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05-98-014]
RIN 2115-AE47


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

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the Belt Line Railroad drawbridge across the Atlantic 
Intracoastal Waterway, Southern Branch of the Elizabeth River, mile 
2.6, at Portsmouth and Chesapeake, Virginia. This change will 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 will be left in the open position, and 
will only close for the passage of trains and to perform maintenance.
    This new rule will maintain the bridge's current level of 
operational capabilities and continue providing for the reasonable 
needs of rail transportation and vessel navigation.

DATES: this rule is effective on November 19, 1998.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the office of the Commander (AOWB), Fifth 
Coast Guard District, Federal Building, 4th Floor, 431 Crawford Street, 
Portsmouth, Virginia 23704-5004, between 8 a.m. and 4:30 p.m., Monday 
through Friday, except Federal holidays. The telephone number is 
(757)398-6222.

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

SUPPLEMENTARY INFORMATION: 

Regulatory History

    On June 1, 1998, the Coast Guard published a Notice of Proposed 
Rulemaking (NPRM) entitled ``Drawbridge Operation Regulations; 
Elizabeth River, South Branch, Portsmouth-Chesapeake, Virginia'' in the 
Federal Register (63 FR 29677). The Coast Guard received one comment 
from the Virginia Pilots Association stating no objection, but 
requesting clarity on how radio communications would be handled. No 
public hearing was requested and none was held.

Background and Purpose

    The Belt Line Railroad Bridge across the Southern Branch of the 
Elizabeth River, mile 2.6, located in Portsmouth and Chesapeake, 
Virginia, currently is left in the open position and only closed by a 
bridgetender on site for the passage of trains and periodic 
maintenance. The Belt Line Railroad Company requested that the current 
regulations be changed by allowing operation of the bridge from a 
remote location or train crossings or maintenance. The bridge would be 
operated by the bridge/train controller at the Berkley Yard office.
    Prior to publishing the Notice of Proposed Rulemaking, the Coast 
Guard met with the Belt Line Railroad Company, the Virginia Pilots 
Association, Hampton Roads Maritime Association, Steamship Trade 
Committee, and various tug and barge companies. The meeting targeted 
possible safety problems associated with controlling the bridge from an 
offsite location. The Virginia Pilots Association voiced concern for 
safety and wanted assurance that radio communications and visual 
surveillance would be maintained at all times. The Belt Line Railroad 
Company responded that it would to do so. Based on the procedures 
established in this meeting, and the guidelines provided by the Belt 
Line Railroad Company, the Coast Guard believes that this regulations 
will make the closure process more efficient during train crossings and 
periodic maintenance and will save operational expenses by eliminating 
bridgetenders while still providing the same bridge operational 
capabilities. The Coast Guard is revising 33 CFR 117.997 by 
redesignating paragraphs (a) through (h) as paragraphs (b) through (i) 
and adding a new paragraph (a).

Discussion of Comments and Changes

    The Coast Guard received 1 comment from the Virginia Pilots 
Association on the NPRM. This comment did not oppose or recommend a 
change, but merely requested additional information

[[Page 55948]]

as to how radio communications between the Bridge/Train Controller and 
the waterway users would be handled, and it requested additional radio 
communications during the lowering of the bridge. These concerns were a 
misunderstanding by the Pilots of the procedures proposed. The Pilots 
are now satisfied that this issue is addressed adequately in this Final 
Rule. Since no comments opposing the proposed change were received, the 
final rule is being implemented without change.

Regulatory Evaluation

    This final 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 this change will not prevent mariners 
from transiting the bridge, but merely require mariners to adhere to 
the 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 final rule to be minimal, the Coast Guard certifies under 5 U.S.C. 
605(b) that this final rule will not have a significant economic impact 
on a substantial number of small entities.

Collection of Information

    This final rule contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

    The Coast Guard has analyzed this final rule under the principals 
and criteria in Executive Order 12612, and it has been determined that 
this final rule does not raise sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this final 
rule and concluded that under figure 2-1, paragraph (32)(e) of 
Commandant Instruction M16475.1C, this final 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 Subjects in 33 CFR Part 117

    Bridges.

Regulations

    For reasons discussed in the preamble, the Coast Guard amends 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; 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 
proceeding the actual lowering, over marine 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 from 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: October 7, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 98-28036 Filed 10-19-98; 8:45 am]
BILLING CODE 4910-15-M