[Federal Register Volume 69, Number 231 (Thursday, December 2, 2004)]
[Rules and Regulations]
[Pages 70059-70061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26521]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-04-120]
RIN 1625-AA09


Drawbridge Operation Regulations; Northeast Cape Fear River, 
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the CSX Transportation (CSX) Hilton Railroad Bridge across 
the Northeast Cape Fear River, at mile 1.5, in Wilmington, NC. The 
final rule will eliminate the need for a bridge tender by allowing the 
bridge to be operated from a remote location. This rule change 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 January 3, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD05-04-120 and are available at Commander (obr), 
Fifth Coast Guard District, Federal Building, 1st Floor, 431 Crawford 
Street, Portsmouth, Virginia 23704-5004, between 8 a.m. and 4 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Terrance Knowles, Environmental 
Protection Specialist, Fifth Coast Guard District, at (757) 398-6587.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On August 4, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations: Northeast Cape Fear 
River, Wilmington, NC'' in the Federal Register (69 FR 47045). We 
received one comment on the proposed rule. No public hearing was 
requested nor held.

Background and Purpose

    CSX, who owns and operates this movable (bascule type) bridge, 
requested changes to the operating procedures for the drawbridge 
located at mile 1.5 across the Northeast Cape Fear River, in 
Wilmington, NC. The vertical clearance under CSX Hilton Railroad Bridge 
in the closed position to vessels is 9 feet at mean low water and 6 
feet at mean high water. The existing regulation listed at 33 CFR 117.5 
requires the bridge to open on signal.
    Under this rule, CSX will remotely operate the opening and closing 
of the CSX Hilton Railroad Bridge across Northeast Cape Fear River in 
Wilmington, NC, from the nearby CSX Navassa Railroad Bridge located on 
the Cape Fear River. CSX has installed motion sensors, laser scanners 
and high-resolution video cameras on the bridge to enhance the remote 
operator's ability

[[Page 70060]]

to monitor and control the equipment. The CSX Navassa Railroad Bridge 
is also equipped with an amplified open-mike from the bridge to enable 
the remote operator to hear boat horns that may signal for an opening. 
CSX has also installed additional safety warning lights to the bridge 
for the remote operation. This rule proposes to allow the bridge to be 
unmanned and operated from a remote location at the CSX Navassa 
Railroad Bridge. The CSX Hilton Railroad Bridge will normally be left 
in the fully open position displaying flashing green channel lights 
indicating that vessels may pass through.
    This change is being requested to make the closure process of the 
Hilton Railroad Bridge more efficient. It will save operational costs 
by eliminating 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 Comments and Changes

    The Coast Guard received one comment on the NPRM. The comment from 
the Wilmington Superintendent of Water Treatment, expressed concerns on 
the potential for radio frequency interference between the surveillance 
systems at Sweeney Water Treatment Plant and the Hilton Bridge. CSX 
explained that the two facilities were operating on different 
frequencies and that there should be no problem. Therefore, no changes 
are being made to this final rule.

Regulatory Evaluation

    This final 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 reached this conclusion based on the fact 
that this final rule will have minimal impact on maritime traffic 
transiting the bridge. Although the CSX Hilton Railroad Bridge will be 
operated from a remote location, mariners can continue their transits 
because all aspects of the current operating regulations remain 
essentially the same.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this 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 rule will 
not have a significant economic impact on a substantial number of small 
entities.
    This rule will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
final rule will allow the CSX Hilton Railroad Bridge to operate 
remotely and requires the bridge to remain in open position to vessels 
the majority of the time, only closing for a train crossing or periodic 
maintenance.

Assistance for Small Entities

    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 the rule so that they can better evaluate its 
effects on them and participate in the rulemaking process. In our 
Notice of Proposed Rulemaking, we provided a point of contact to small 
entities who could answer questions concerning proposed provisions or 
options for compliance.

Collection of Information

    This rule calls 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 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 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 rule will 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 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 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 security that might 
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this 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

[[Page 70061]]

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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

Environment

    We have considered the environmental impact of this rule and 
concluded that under figure 2-1, paragraph (32)(e) of Commandant 
Instruction M16475.1D, this rule is categorically excluded from further 
environmental documentation. The final rule only involves the operation 
of an existing drawbridge and will not have any impact on the 
environment. A ``Categorical Exclusion Determination'' is available in 
the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Regulations

0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 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; 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.


0
2. In Sec. 117.829, redesignate paragraph (b) as paragraph (c), revise 
newly redesignated paragrph (c), and add a new paragraph (b) to read as 
follows:


Sec.  117.829  Northeast Cape Fear River.

    (a) * * *
    (b) The CSX Hilton Railroad Bridge, mile 1.5 in Wilmington, NC 
shall operate as follows:
    (1) The draw of the bridge to be remotely operated by the 
controller at the Navassa Railroad Bridge mile 34.0 across the Cape 
Fear River.
    (2) The draw shall be left in the open position to vessels and will 
only be closed for the passage of trains and to perform periodic 
maintenance authorized in accordance with Subpart A of this part.
    (3) Trains shall be controlled so that any delay in opening of the 
draw shall not exceed ten minutes except as provided in 117.31(b).
    (4) The CSX Hilton Railroad Bridge shall not be operated by the 
controller at the CSX Navassa Railroad in the event of failure or 
obstruction of the motion sensors, laser scanners, video cameras or 
marine-radio communications. In these situations, a bridge tender must 
be called to operate the bridge on-site.
    (5) When rail traffic has cleared, the horn will automatically 
sound one prolonged blast followed by one short blast to indicate that 
the CSX Hilton Railroad Bridge is moving to the full open position to 
vessels. During open span movement, the channel traffic lights will 
flash red, until the bridge is in the full open position to vessels. In 
the full open position to vessels, the bridge channel traffic lights 
will flash green, allowing vessels to pass safely.
    (6) During closing span movement, the channel traffic lights will 
flash red, the horn will sound five short blasts, and an audio voice-
warning device will announce bridge movement. Five short blasts of the 
horn will continue until the bridge is seated and locked down. When the 
bridge is seated and in the locked down position to vessels, the 
channel traffic lights will continue to flash red.
    (c) The draw of the Seaboard System Railroad Bridge across the 
Northeast Cape Fear River, mile 27.0, at Castle Hayne, North Carolina 
shall open on signal if at least four hours notice is given.

    Dated: November 22, 2004.
Ben R. Thomason, III,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 04-26521 Filed 12-1-04; 8:45 am]
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