[Federal Register Volume 70, Number 82 (Friday, April 29, 2005)]
[Rules and Regulations]
[Pages 22253-22255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8569]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD05-04-209]
RIN 1625-AA09


Drawbridge Operation Regulations; Elizabeth River-Eastern Branch, 
Norfolk, VA

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 (NS 
V2.8) across the Eastern Branch of the Elizabeth River, at 
mile 2.7, in Norfolk, VA. The final rule allows the NS V2.8 
bridge to be operated from a remote location, and to remain open for 
vessel traffic and to close only for train crossings and periodic 
maintenance. This rule will make the operation of the bridge more 
efficient, because currently the bridge only opens on signal, or on 
signal after notice.

DATES: This rule is effective May 31, 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 CGD05-04-209 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 December 2, 2004, we published a notice of proposed rulemaking 
(NPRM) entitled ``Drawbridge Operation Regulations; Elizabeth River--
Eastern Branch, Norfolk, VA'' in the Federal Register (69 FR 70091). We 
received one comment on the proposed rule. No public meeting was 
requested, and none was held.

Background and Purpose

    Norfolk Southern Corporation (NSC), who owns and operates this 
swing-type bridge at mile 2.7 across the Eastern Branch of the 
Elizabeth River, in Norfolk, VA, requested a change to the current 
operating procedures set out in 33 CFR Part 117.1007(a), which requires 
the draw to open on signal, from 6 a.m. to 10 p.m., and open on signal 
with at least two hours notice, from 10 p.m. to 6 a.m.
    Under this rule, the NS Railroad Bridge (NS V2.8) will 
remain open to vessel traffic, closing only for train crossings and 
periodic maintenance. This rule allows the NS Railroad Bridge (NS 
V2.8) to be operated from a remote location at the NS Railroad 
Bridge (NS 5), at mile 1.1, over the Eastern Branch of the 
Elizabeth River.
    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 made to make the operation of the NS Railroad 
Bridge (NS V2.8) 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 will be 
left in the open position and will only close for train crossings or 
periodic maintenance, and therefore 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 from NSC. 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 (a)(3), replaced ``less than \3/4\ of a mile'' with 
``inhibited.'' A specific visibility distance was deemed impractical. 
Added the words ``Attention, Attention'' to the announcement in 
paragraph (a)(5). In paragraph (a)(6), removed the word 
``automatically.'' The operation of this bridge is not intended to be 
automatic. Also in paragraph (a)(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 (NS 
V2.8) 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

[[Page 22254]]

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 
would 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 (Pub. L. 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 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 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.

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 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.  117.1007 revise paragraph (a) to read as follows:


Sec.  117.1007  Elizabeth River-Eastern Branch.

    (a) The draw of the Norfolk Southern Railroad Bridge (NS 
V2.8), mile 2.7 at Norfolk, 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 Norfolk 
Southern Railroad Bridge (NS 5), mile 1.1, over the Eastern 
Branch of the Elizabeth River in Norfolk, VA. 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 (757) 446-5320.
    (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 to operate the bridge on-
site.

[[Page 22255]]

    (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 will change 
from flashing green to flashing red, the horn will sound five short 
blasts, and an audio voice warning stating, ``Attention, Attention. 
Norfolk Southern's Railroad Bridge over the Eastern Branch of the 
Elizabeth River at milepost 2.7 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 that the draw 
is opening to vessel traffic. During the opening swing movement, the 
channel traffic lights will 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 at 
mile 2.7 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.
* * * * *

    Dated: April 18, 2005.
Ben A. Thomason III,
Captain, United States Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 05-8569 Filed 4-28-05; 8:45 am]
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