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70057

Federal Register

/Vol. 69, No. 231/Thursday, December 2, 2004/Rules and Regulations

drenches or with feeds containingphenothiazine.* * * * *

Dated: November 16, 2004.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 04

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26529 Filed 12

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04; 8:45 am]

BILLING CODE 4160

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DEPARTMENT OF HOMELANDSECURITYCoast Guard33 CFR Part 117

[CGD05

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117]RIN 1625

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AA09

Drawbridge Operation Regulation:Atlantic Intracoastal Waterway,Elizabeth River (Southern Branch), VA

AGENCY

Coast Guard, DHS.

ACTION

Final rule.

SUMMARY

The Coast Guard is changingthe operating regulations for the Norfolk Southern (NS) #7 Railroad Bridge atAtlantic Intracoastal Waterway (AICW)mile 5.8, in Chesapeake, Virginia. Thefinal rule for the NS Railroad Bridgewill eliminate the need for a bridgetender by allowing the bridge to remainin the fully open position, to beoperated from a remote location, and toclose the bridge for train crossings andperiodic repairs. The final rule willprovide for the reasonable needs of navigation.

DATES

This rule is effective January 3,2005.

ADDRESSES

Comments and materialreceived from the public, as well asdocuments indicated in this preamble asbeing available in the docket, are part of docket CGD05

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117 and are availablefor inspection or copying at Commander(obr), Fifth Coast Guard District, FederalBuilding, 1st Floor, 431 Crawford Street,Portsmouth, Virginia 23704

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5004between 8 a.m. and 4:30 p.m., Mondaythrough Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT

Waverly W. Gregory, Jr., BridgeAdministrator, Fifth Coast GuardDistrict, at (757) 398

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6222.

SUPPLEMENTARY INFORMATION

Regulatory History

On August 27, 2004, we published anotice of proposed rulemaking (NPRM)entitled

‘‘

Drawbridge OperationRegulations; Atlantic IntracoastalWaterway, Elizabeth River (SouthernBranch), VA

’’

in the

Federal Register

(69 FR 52617). We received four letterscommenting on the proposed rule. Nopublic hearing was requested nor held.

Background and Purpose

Norfolk Southern Corporation (NSC)requested a change to the currentoperating regulation set out in 33 CFR117.5 that requires the drawbridge toopen promptly and fully for the passageof vessels when a request to open isgiven.NSC would remotely control theopening and closing of the Norfolk Southern (NS) #7 Railroad Bridge acrossthe Southern Branch of the ElizabethRiver at AICW mile 5.8 in Chesapeake,Virginia, by the remote operator at theNS #5 Railroad Bridge across theEastern Branch of the Elizabeth River, atmile 1.1, in Norfolk, Virginia. NSCinstalled a Programmable LogicController and associated mechanical,electrical and signal apparatus on thedrawbridge. NSC has installed motionsensors, laser scanners and high-resolution video cameras on the bridgeto enhance the remote operator

’

s abilityto monitor and control the equipment.The NS #5 Railroad Bridge office, inNorfolk, is also equipped with anamplified open-mike from the bridge toenable the remote operator to hear boathorns that may signal for an opening.NS has also installed additional safetywarning lights to the bridge for theremote operation.Under this rule, the drawbridgewould be left in open position to vesselsand would only close for the passage of trains and to perform periodicmaintenance authorized in accordancewith subpart A of part 117.Before the NS #7 Railroad Bridgecloses for any reason, the remoteoperator will observe the waterwaytraffic in the area with closed-circuitcameras and motion sensors mountedon the bridge. The bridge would only beclosed if the off-site remote operator

’

svisual inspection shows that thechannel is clear and there are no vesselstransiting the area.While the NS #7 Railroad Bridge ismoving from the full open position tothe full closed position, the off-siteremote operator will maintain constantsurveillance of the navigation channelto ensure that no conflict with maritimetraffic exists. In the event of failure orobstruction, the off-site remote operatorwill stop and return the bridge to thefull open position to vessels. In thesesituations, a bridge tender must becalled and must be on-site within 30minutes to operate the bridge.During span movement, the channeltraffic lights will flash red, the hornwould sound twice, and an audio voice-warning device will announce bridgemovement, then two repeat blasts of thehorn will continue until the bridge isseated and locked down. When thebridge is seated and locked down tovessels, the channel traffic lights willflash red.When the rail traffic has cleared, thehorn will automatically sound fivetimes to indicate that the draw of the NS#7 Railroad Bridge is about to return tothe full open position to vessels. Duringthe open span movement, the channeltraffic lights will flash red, the horn willsound twice, followed by a pause, andthen five repeat blasts of the horn untilthe bridge is in the full open position tovessels. In the full open position tovessels, the bridge channel traffic lightswill flash green then an audio warningdevice will announce bridge movementby stating

‘‘

Security, security, security,the NS #7 Railroad Bridge at mile 5.8 isopen for river traffic

’’

. After the trainhas cleared the bridge by leaving thetrack circuit, any delay in opening of thedraw to vessels shall not exceed tenminutes except as provided in 33 CFR117.31(b). Operational information willbe provided 24 hours a day on marinechannel 13 and via telephone (757) 924

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5320.This rule will make the closureprocess of the NS #7 Railroad Bridge bemore efficient during train crossings andperiodic maintenance and will saveoperational costs by eliminating bridgetenders while providing greater bridgeoperating capabilities.

Discussion of Comments and Changes

The Coast Guard received fourcomments on the NPRM. Threecomments, from commercial vesseloperators, expressed their concerns withthe location of the off-site remoteoperation. Their interests centeredaround the limited effectiveness of monitoring and communications withapproaching vessels, their pastexperience with current bridge tenders

’

failure to respond to security calls, thelowering of the bridge while theirvessels are transiting, and the loss of on-site bridge tenders controlling theoperation of the bridge.The remaining comment, offered byNSC, addressed the commercial vesseloperators

’

concerns. NSC indicated thatthe location of the Norfolk area bridgeoperation center at the NS #5 RailroadBridge office was selected because of thebetter-quality operators

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house andfacilities, economic considerations forrelocation and that the communicationbetween marine interests and the NS #5Railroad Bridge operator will becomparable to the communication withthe NS #7 Railroad Bridge operator. The

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70058

Federal Register

/Vol. 69, No. 231/Thursday, December 2, 2004/Rules and Regulations

cameras installed at the NS #7 RailroadBridge will provide the same level of general visibility of the channel andbetter visibility to the north and atnight; and the infrared detector systemwill ensure that the NS #7 RailroadBridge is not lowered on any vessel,because it is equipped with sensors.NSC has provided a detailed planwhich indicates that the effectiveness of the communication systems, cameras,boat detection system and otherenhancements made to their systemswill address all of the communicationand safety needs of the marinecommunity as well as those of railtransportation and their customers.Therefore, no changes are being made tothis final rule.

Regulatory Evaluation

This rule is not a

‘‘

significantregulatory action

’’

under section 3(f) of Executive Order 12866, RegulatoryPlanning and Review, and does notrequire an assessment of potential costsand benefits under section 6(a)(3) of thatOrder. The Office of Management andBudget has not reviewed it under thatOrder. It is not

‘‘

significant

’’

under theregulatory policies and procedures of the Department of Homeland Security(DHS). We reached this conclusionbased on the fact that this final rule forthe NS #7 Railroad Bridge will providefor greater flow of vessel traffic than thecurrent regulations for the drawbridge.Under the current regulations, the NS#7 Railroad Bridge remains closed andopens on signal to vessels. The final rulewill require the bridge to remain in theopen position permitting vessels to passfreely. The bridge will close only fortrain crossings and bridge maintenance.This final rule will provide for thereasonable needs of navigation.

Small Entities

Under the Regulatory Flexibility Act(5 U.S.C. 601

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612), we have consideredwhether this rule would have asignificant economic impact on asubstantial number of small entities.The term

‘‘

small entities

’’

comprisessmall businesses, not-for-profitorganizations that are independentlyowned and operated and are notdominant in their fields, andgovernmental jurisdictions withpopulations of less than 50,000.The Coast Guard certifies under 5U.S.C. 605(b) that this rule will not havea significant economic impact on asubstantial number of small entities.This final rule will not have asignificant economic impact on asubstantial number of small entities forthe following reasons. The final rulewill provide for the NS #7 RailroadBridge to remain in the open position,allowing for the free flow of vesseltraffic. The bridge would only close forthe passage of trains and maintenance.

Assistance for Small Entities

Under section 213(a) of the SmallBusiness Regulatory EnforcementFairness Act of 1996 (Public Law 104

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121), we offered to assist small entitiesin understanding the rule so that theycould better evaluate its effects on themand participate in the rulemakingprocess. In our notice of proposedrulemaking, we provided a point of contact to small entities who couldanswer questions concerning proposedprovisions or option for compliance.

Collection of Information

This rule calls for no new collectionof information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

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3520).

Federalism

A rule has implications for federalismunder Executive Order 13132,Federalism, if it has a substantial directeffect on State or local governments andwould either preempt State law orimpose a substantial direct cost of compliance on them. We have analyzedthis rule under that Order and havedetermined that it does not haveimplications for federalism.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Actof 1995 (2 U.S.C. 1531

–

1538) requiresFederal agencies to assess the effects of their discretionary regulatory actions. Inparticular, the Act addresses actionsthat may result in the expenditure by aState, local, or tribal government, in theaggregate, or by the private sector of $100,000,000 or more in any one year.Though this rule will not result in suchan expenditure, we do discuss theeffects of this rule elsewhere in thispreamble.

Taking of Private Property

This rule will not affect a taking of private property or otherwise havetaking implications under ExecutiveOrder 12630, Governmental Actions andInterference with ConstitutionallyProtected Property Rights.

Civil Justice Reform

This rule meets applicable standardsin sections 3(a) and 3(b)(2) of ExecutiveOrder 12988, Civil Justice Reform, tominimize litigation, eliminateambiguity, and reduce burden.

Protection of Children

We have analyzed this rule underExecutive Order 13045, Protection of Children from Environmental HealthRisks and Safety Risks. This rule is notan economically significant rule andwould not create an environmental risk to health or risk to safety that mightdisproportionately affect children.

Indian Tribal Governments

This rule does not have tribalimplications under Executive Order13175, Consultation and Coordinationwith Indian Tribal Governments,because it does not have a substantialdirect effect on one or more Indiantribes, on the relationship between theFederal Government and Indian tribes,or on the distribution of power andresponsibilities between the FederalGovernment and Indian tribes.

Energy Effects

We have analyzed this rule underExecutive Order 13211, ActionsConcerning Regulations ThatSignificantly Affect Energy Supply,Distribution, or Use. We havedetermined that it is not a

‘‘

significantenergy action

’’

under that order becauseit is not a

‘‘

significant regulatory action

’’

under Executive Order 12866 and is notlikely to have a significant adverse effecton the supply, distribution, or use of energy. It has not been designated by theAdministrator of the Office of Information and Regulatory Affairs as asignificant energy action. TheAdministrator of the Office of Information and Regulatory Affairs hasnot designated it as a significant energyaction. Therefore, it does not require aStatement of Energy Effects underExecutive Order 13211.

Technical Standards

The National Technology Transferand Advancement Act (NTTAA) (15U.S.C. 272 note) directs agencies to usevoluntary consensus standards in theirregulatory activities unless the agencyprovides Congress, through the Office of Management and Budget, with anexplanation of why using thesestandards would be consistent withapplicable law or otherwise impractical.Voluntary consensus standards aretechnical standards (

e.g.

, specificationsof materials, performance, design, oroperation; test methods; samplingprocedures; and related managementsystems practices) that are developed oradopted by voluntary consensusstandards bodies.This rule does not use technicalstandards. Therefore, we did notconsider the use of voluntary consensusstandards.

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