[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Proposed Rules]
[Pages 60597-60600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22850]


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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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