[Federal Register Volume 63, Number 104 (Monday, June 1, 1998)]
[Proposed Rules]
[Pages 29677-29679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14394]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD05-98-014]
RIN 2115-AE47
Drawbridge Operation Regulations; Elizabeth River, South Branch,
Portsmouth-Chesapeake, Virginia
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to change the operating
regulations for the Belt Line Railroad drawbridge across the Atlantic
Intracoastal Waterway, Southern Branch of the Elizabeth River, mile
2.6, at Portsmouth and Chesapeake, Virginia. The proposed rule would
eliminate the need for a bridgetender by allowing the bridge to be
operated by the bridge/train controller from a remote location at the
Berkley Yard office. The Belt Line Bridge would be left in the open
position, and would only close for the passage of trains and to perform
maintenance.
This proposal would maintain the bridge's current level of
operational capabilities and continue providing for the reasonable
needs of rail transportation and vessel navigation.
DATES: Comments must be received on or before July 31, 1998.
ADDRESSES: Comments should be mailed to Commander (Aowb), Fifth Coast
Guard District, Federal Building, 4th Floor, 431 Crawford Street,
Portsmouth, Virginia 23704-5004, or may be hand delivered to the same
address between 8 a.m. and 4 p.m., Monday through Friday, except
Federal holidays. The telephone number is (757) 398-6222. Comments will
become a part of this docket and will be available for inspection and
copying at the above address.
FOR FURTHER INFORMATION CONTACT: Ann B. Deaton, Bridge Administrator,
Fifth Coast Guard District, at (757) 398-6222.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD05-98-014) and the specific section of
this proposal to which each comment applies, and give the reason for
each comment. The Coast Guard requests that all comments and
attachments be submitted in an unbound format suitable for copying and
electronic filing. If not practical, a second copy of any bound
material is requested. Persons wanting acknowledgment of receipt of
comments should enclose a stamped self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Commander, Fifth Coast Guard District,
at the address under ADDRESSES. The request should include reasons why
a hearing would be beneficial. If it determines that the opportunity
for oral presentations will aid in this proposed rulemaking, the Coast
Guard will hold a public hearing at a time and place announced by a
later notice in the Federal Register.
Background and Purpose
The Belt Line Railroad Company has requested that the operating
procedures for their drawbridge across the Southern Branch of the
Elizabeth River, mile 2.6, located in Portsmouth and Chesapeake,
Virginia, be changed by allowing operation of the bridge from a remote
location for train crossings or maintenance. Currently, the bridge is
left in the open position and only closed by a bridgetender on site.
Belt Line has requested that the bridge be operated by the bridge/train
controller at the Berkeley Yard office.
Before closing the bridge, the off-site controller would monitor
waterway traffic on the Southern Branch of the Elizabeth River in the
area of the Belt Line Bridge with closed circuit cameras and surface
navigational radar. The cameras would be mounted on top of the bridge
and provide visual surveillance of waterway traffic upriver, downriver,
and underneath the bridge for the controller. The controller would
announce over marine radio at 30 minutes and 15 minutes prior to a
bridge closing that the bridge will close to marine traffic. The
controller would make a third, final announcement just before lowering
the bridge. Channel lights located on top of the bridge would change
from green to red any time the bridge is not in the full up position.
This change is being requested to make the closure process more
efficient during train crossings and periodic maintenance and to save
operational expenses by eliminating bridgetenders while still providing
the same bridge operational capabilities.
[[Page 29678]]
Discussion of Proposed Amendments
The Coast Guard proposes to amend 33 CFR 117.997, which governs the
Belt Line Railroad Bridge across the Southern Branch of the Elizabeth
River, mile 2.6, located in Portsmouth and Chesapeake, Virginia, by
allowing remote operation of the draw. The bridge would be lowered and
raised off site by the controller at the Berkeley Yard office. The
drawbridge would be left in the open position and would only close for
the passage of trains and to perform periodic maintenance authorized in
accordance with subpart A of this part.
When the bridge closes for any reason, the controller would
announce 30 minutes in advance, over marine channel 13, that the Belt
Line Railroad Bridge is going to close for river traffic in 30 minutes.
All concerned river traffic would be requested to acknowledge on marine
channel 13. Then, 15 minutes prior to closing the bridge, the bridge/
train controller would again announce the closing over the radio, and
request acknowledgment on marine channel 13. Immediately prior to
lowering the bridge, the controller would make a final announcement
that the bridge is now being lowered and request acknowledgment on
marine channel 13.
The bridge would only be lowered if closed circuit visual and radar
information shows there are no vessels in the area and if no opposing
radio communications have been received.
If the off-site bridge/train controller's visibility of the
navigational channel is less than \3/4\ of a mile, the bridge would not
be operated from the remote site. Operation in visibility of less than
\3/4\ of a mile would be done only by a drawtender at the bridge site.
While the Belt Line Bridge is moving from the full open position to
the full closed position, the controller would maintain constant
surveillance of the waterway above and below the bridge to ensure no
conflict with maritime traffic exists. In the event of failure of a
camera or the radar system or loss of marine-radio communications, the
bridge shall not be operated from the remote location. In these
situations, a bridgetender must be called to operate the bridge on-
site.
The Belt Line Bridge mid-channel lights would change from green to
red any time the bridge is not in the full open position. During the
downward span movement, a warning alarm would sound until the bridge is
seated and locked down.
When the rail traffic has cleared, the controller would announce
over channel 13 that the draw is about to return to its full open
position. While the draw is being raised, the alarm would sound, and
when the bridge is in the fully open position, the bridge/train
controller would announce over marine channel 13 that the Belt Line
Bridge is open for river traffic. The mid-channel lights would turn
from red to green. Operational information will be provided 24 hours a
day on marine channel 13 and via telephone (757) 543-1996 or (757) 545-
2941.
The Coast Guard proposes to revise 33 CFR 117.997 by redesignating
paragraphs (a) through (h) as paragraphs (b) through (i) and adding a
new paragraph (a).
Regulatory Evaluation
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that order. It has been exempted from review by the Office of
Management and Budget under that order. It is not significant under the
regulatory policies and procedures of the Department of Transportation
(DOT) (44 FR 11040, February 26, 1979). The Coast Guard reached this
conclusion based on the fact that the proposed changes will not prevent
mariners from transiting the bridge, but merely require mariners to
adhere to the proposed new operation procedures during transits of the
bridge.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the U.S.
Coast Guard must consider whether this proposed rule, if adopted, will
have a significant economic impact on a substantial number of small
entities. ``Small entities'' include small independently owned and
operated businesses that are not dominant in their field and that
otherwise qualify as ``small business concerns'' under section 3 of the
Small Business Act (15 U.S.C. 632). Because it expects the impact of
this proposal to be minimal, the Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule, if adopted, will not have a significant
economic impact on a substantial number of small entities.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3510-3520).
Federalism
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this proposed regulation will not raise sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under figure 2-1, paragraph (32)(e) of
Commandant Instruction M16475.1C this proposed rule is categorically
excluded from further environmental documentation based on the fact
that this is a promulgation of an operating regulation for a
drawbridge. A Categorical Exclusion Determination statement has been
prepared and placed in the rulemaking docket.
List of Subject in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, the Coast Guard proposes to
amend Part 117 of Title 33, Code of Federal Regulations, to read 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; 49 CFR 1.46; 33 CFR 1.05-1(g); Section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.997 is amended by redesignating paragraphs (a)
through (h) as paragraphs (b) through (i) and by adding a new paragraph
(a) to read as follows:
Sec. 117.997 Atlantic Intracoastal Waterway, South Branch of the
Elizabeth River to the Albermarle and Chesapeake Canal.
(a) The draw of the Belt Line Railroad Bridge, mile 2.6, in
Portsmouth and Chesapeake will operate as follows:
(1) The bridge will be left in the open position at all times and
will only be lowered for the passage of trains and to perform periodic
maintenance authorized in accordance with subpart A of this part.
(2) The bridge will be operated by the controller at the Berkley
Yard office.
(3) The controller will monitor waterway traffic in the area of the
bridge and directly beneath the bridge with closed circuit cameras
mounted on top of the bridge and with surface navigational radar.
(4) When the bridge closes for any reason, the controller will
announce 30 minutes in advance, 15 minutes in advance, and immediately
preceeding the actual lowering, over marine
[[Page 29679]]
channel 13, that the Belt Line Railroad Bridge is closing for river
traffic. In each of these three announcements, the bridge/train
controller will request all concerned river traffic to please
acknowledge on marine channel 13.
(5) The bridge shall only be operated from the remote site if
closed circuit visual and radar information shows there are no vessels
in the area and no opposing radio communications have been received.
(6) While the Belt Line Bridge is moving from the full open
position to the full closed position, the bridge/train controller will
maintain constant surveillance of the navigational channel to ensure no
conflict with maritime traffic exists. In the event of failure of a
camera or the radar system, or loss of marine-radio communications, the
bridge shall not be operated by the off-site bridge/train controller
from the remote location.
(7) If the off-site bridge/train controller's visibility of the
navigational channel is less than \3/4\ of a mile, the bridge shall not
be operated from the remote location.
(8) When the draw cannot be operated form the remote site, a
bridgetender must be called to operate the bridge in the traditional
on-site manner.
(9) The Belt Line mid-channel lights will change from green to red
anytime the bridge is not in the full open position.
(10) During the downward and upward span movement, a warning alarm
will sound until the bridge is seated and locked down or in the full
open position.
(11) When the bridge has returned to its full up position, the mid-
channel light will turn from red to green, and the controller will
announce over marine radio channel 13, ``Security, security, security,
the Belt Line bridge is open for river traffic.'' Operational
information will be provided 24 hours a day on marine channel 13 and
via telephone (757) 543-1996 or (757) 545-2941.
* * * * *
Dated: May 20, 1998.
Roger T. Rufe, Jr.,
Vice Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. 98-14394 Filed 5-29-98; 8:45 am]
BILLING CODE 4910-15-M
