Drawbridge Operation Regulations; Elizabeth River, South Branch, Portsmouth-Chesapeake, Virginia

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.

-----------------------------------------------------------------------

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