[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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