[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Rules and Regulations]
[Pages 4014-4016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1660]


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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: Final rule.

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SUMMARY: The Coast Guard is changing the regulations that govern the 
operation of the Norfolk Southern (NS) Railroad Bridge across Christina 
River, at mile 1.4, in Wilmington, DE. The bridge will remain open for 
vessel traffic, closing only for train crossings and periodic 
maintenance by an operator at a remote location. The final rule will 
maintain the bridge's current level of operational capabilities and 
continue to provide for the reasonable needs of rail transportation and 
vessel navigation.

DATES: This rule is effective February 28, 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 CGD05-04-168 and are available for inspection or 
copying at Commander (obr), Fifth Coast Guard District, Federal 
Building, 1st Floor, 431 Crawford Street, Portsmouth, VA 23704-5004 
between 8 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays. The Fifth Coast Guard District maintains the public docket 
for this rulemaking.

FOR FURTHER INFORMATION CONTACT: Anton Allen, Bridge Management 
Specialist, Fifth Coast Guard District, at (757) 398-6227.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 12, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Christina River, 
Wilmington, DE'' in the Federal Register (69 FR 60597). We received 
five letters commenting on the proposed rule. No public meeting was 
requested, and none was held.

[[Page 4015]]

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.
    Under this rule, the NS Railroad Bridge will remain open to vessel 
traffic, closing only for train crossings and periodic maintenance. 
This rule would also allow the NS Railroad Bridge to be operated from a 
remote location at the Harrisburg, PA Dispatcher's Office.
    NS 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 provides the 
controller the ability to monitor vessel traffic from the remote 
location. The controller will also monitor marine channel 13.
    This change is being made 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 Comments and Changes

    The Coast Guard received five comments on the NPRM. Vane Line 
Bunkering and the U.S. Army Corps of Engineers both commented that they 
were concerned about marine radio traffic disruption from NS 
announcements on marine channel 13. The disruption was caused by 
excessive power for the transmitter and broadcasting horn blasts over 
the marine radio. NS has fixed all discrepancies. Announcements for 
bridge operations will only be broadcast over loudspeakers on the 
bridge, not over marine channel 13. Power to the marine radio 
transmitter has been reduced to an acceptable level.
    The Coast Guard received a comment from the Delaware State 
Historical Preservation Office who indicated that they have no 
objection to this rule.
    The remaining comments, from NSC, requested changes to their 
original submittal. NSC requested slight revisions to the language to 
be used in this rule. The Coast Guard has incorporated the following 
changes to this rule: In paragraph (b)(3), replaced ``less than \3/4\ 
of a mile'' with ``inhibited.'' Bends in the river near this bridge 
allow approximately \1/4\ of a mile visibility. Added the words 
``Attention, Attention'' to the announcement in paragraph (b)(5). In 
paragraph (b)(6), removed the word ``automatically.'' The operation of 
this bridge is not intended to be automatic. Also in paragraph (b)(6), 
added the following statement: ``Vessels shall stay clear of both 
channels as to not interfere with the infrared detectors, until green 
lights are displayed on the swing span.''
    The Coast Guard considers these changes necessary for safe 
navigation and the final rule was changed to reflect these proposals.

Regulatory Evaluation

    This 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 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 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 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.

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 rule so that they can better evaluate 
its effects on them and participate in the rulemaking process. No 
assistance was requested from any small entity.

Collection of Information

    This 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 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 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 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 safety that might 
disproportionately affect children.

[[Page 4016]]

Indian Tribal Governments

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

Environment

    We have analyzed this 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 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

0
For the reasons discussed in the preamble, the Coast Guard amends 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.  117.237 redesignate paragraphs (b) through (d) as 
paragraphs (c) through (e), 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 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 anytime 
controller's visibility is inhibited. In these situations, a bridge 
tender with Norfolk Southern must be called and on-site within 30 
minutes.
    (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, ``Attention, 
Attention. Norfolk Southern 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 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. Norfolk Southern Railroad Bridge over 
Christina River at mile 1.4 is open for river traffic.'' Vessels shall 
stay clear of both channels as to not interfere with infrared 
detectors, until green lights are displayed on the swing span.
    (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: January 20, 2005.
Sally Brice-O'Hara,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. 05-1660 Filed 1-27-05; 8:45 am]
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