Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 70057

drenches or with feeds containing 

phenothiazine.

* * * * *

Dated: November 16, 2004.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 04–26529 Filed 12–1–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD05–04–117] 

RIN 1625–AA09

Drawbridge Operation Regulation: 

Atlantic Intracoastal Waterway, 

Elizabeth River (Southern Branch), VA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing 

the operating regulations for the Norfolk 

Southern (NS) #7 Railroad Bridge at 

Atlantic Intracoastal Waterway (AICW) 

mile 5.8, in Chesapeake, Virginia. The 

final rule for the NS Railroad Bridge 

will eliminate the need for a bridge 

tender by allowing the bridge to remain 

in the fully open position, to be 

operated from a remote location, and to 

close the bridge for train crossings and 

periodic repairs. The final rule will 

provide for the reasonable needs of 

navigation.

DATES: This rule is effective January 3, 

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 CGD05–04–117 and are available 

for inspection or copying at Commander 

(obr), Fifth Coast Guard District, Federal 

Building, 1st Floor, 431 Crawford Street, 

Portsmouth, Virginia 23704–5004 

between 8 a.m. and 4:30 p.m., Monday 

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Waverly W. Gregory, Jr., Bridge 

Administrator, Fifth Coast Guard 

District, at (757) 398–6222.

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On August 27, 2004, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations; Atlantic Intracoastal 

Waterway, Elizabeth River (Southern 

Branch), VA’’ in the Federal Register

(69 FR 52617). We received four letters 

commenting on the proposed rule. No 

public hearing was requested nor held. 

Background and Purpose 

Norfolk Southern Corporation (NSC) 

requested a change to the current 

operating regulation set out in 33 CFR 

117.5 that requires the drawbridge to 

open promptly and fully for the passage 

of vessels when a request to open is 

given. 

NSC would remotely control the 

opening and closing of the Norfolk 

Southern (NS) #7 Railroad Bridge across 

the Southern Branch of the Elizabeth 

River at AICW mile 5.8 in Chesapeake, 

Virginia, by the remote operator at the 

NS #5 Railroad Bridge across the 

Eastern Branch of the Elizabeth River, at 

mile 1.1, in Norfolk, Virginia. NSC 

installed a Programmable Logic 

Controller and associated mechanical, 

electrical and signal apparatus on the 

drawbridge. NSC has installed motion 

sensors, laser scanners and highresolution video cameras on the bridge 

to enhance the remote operator’s ability 

to monitor and control the equipment. 

The NS #5 Railroad Bridge office, in 

Norfolk, is also equipped with an 

amplified open-mike from the bridge to 

enable the remote operator to hear boat 

horns that may signal for an opening. 

NS has also installed additional safety 

warning lights to the bridge for the 

remote operation. 

Under this rule, the drawbridge 

would be left in open position to vessels 

and would only close for the passage of 

trains and to perform periodic 

maintenance authorized in accordance 

with subpart A of part 117. 

Before the NS #7 Railroad Bridge 

closes for any reason, the remote 

operator will observe the waterway 

traffic in the area with closed-circuit 

cameras and motion sensors mounted 

on the bridge. The bridge would only be 

closed if the off-site remote operator’s 

visual inspection shows that the 

channel is clear and there are no vessels 

transiting the area.

While the NS #7 Railroad Bridge is 

moving from the full open position to 

the full closed position, the off-site 

remote operator will maintain constant 

surveillance of the navigation channel 

to ensure that no conflict with maritime 

traffic exists. In the event of failure or 

obstruction, the off-site remote operator 

will stop and return the bridge to the 

full open position to vessels. In these 

situations, a bridge tender must be 

called and must be on-site within 30 

minutes to operate the bridge. 

During span movement, the channel 

traffic lights will flash red, the horn 

would sound twice, and an audio voicewarning device will announce bridge 

movement, then two repeat blasts of the 

horn will continue until the bridge is 

seated and locked down. When the 

bridge is seated and locked down to 

vessels, the channel traffic lights will 

flash red. 

When the rail traffic has cleared, the 

horn will automatically sound five 

times to indicate that the draw of the NS 

#7 Railroad Bridge is about to return to 

the full open position to vessels. During 

the open span movement, the channel 

traffic lights will flash red, the horn will 

sound twice, followed by a pause, and 

then five repeat blasts of the horn until 

the bridge is in the full open position to 

vessels. In the full open position to 

vessels, the bridge channel traffic lights 

will flash green then an audio warning 

device will announce bridge movement 

by stating ‘‘Security, security, security, 

the NS #7 Railroad Bridge at mile 5.8 is 

open for river traffic’’. After the train 

has cleared the bridge by leaving the 

track circuit, any delay in opening of the 

draw to vessels shall not exceed ten 

minutes except as provided in 33 CFR 

117.31(b). Operational information will 

be provided 24 hours a day on marine 

channel 13 and via telephone (757) 924–

5320. 

This rule will make the closure 

process of the NS #7 Railroad Bridge be 

more efficient during train crossings and 

periodic maintenance and will save 

operational costs by eliminating bridge 

tenders while providing greater bridge 

operating capabilities. 

Discussion of Comments and Changes 

The Coast Guard received four 

comments on the NPRM. Three 

comments, from commercial vessel 

operators, expressed their concerns with 

the location of the off-site remote 

operation. Their interests centered 

around the limited effectiveness of 

monitoring and communications with 

approaching vessels, their past 

experience with current bridge tenders’

failure to respond to security calls, the 

lowering of the bridge while their 

vessels are transiting, and the loss of onsite bridge tenders controlling the 

operation of the bridge. 

The remaining comment, offered by 

NSC, addressed the commercial vessel 

operators’ concerns. NSC indicated that 

the location of the Norfolk area bridge 

operation center at the NS #5 Railroad 

Bridge office was selected because of the 

better-quality operators’ house and 

facilities, economic considerations for 

relocation and that the communication 

between marine interests and the NS #5 

Railroad Bridge operator will be 

comparable to the communication with 

the NS #7 Railroad Bridge operator. The 

70058 Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 

cameras installed at the NS #7 Railroad 

Bridge will provide the same level of 

general visibility of the channel and 

better visibility to the north and at 

night; and the infrared detector system 

will ensure that the NS #7 Railroad 

Bridge is not lowered on any vessel, 

because it is equipped with sensors. 

NSC has provided a detailed plan 

which indicates that the effectiveness of 

the communication systems, cameras, 

boat detection system and other 

enhancements made to their systems 

will address all of the communication 

and safety needs of the marine 

community as well as those of rail 

transportation and their customers. 

Therefore, no changes are being made to 

this final rule. 

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 reached this conclusion 

based on the fact that this final rule for 

the NS #7 Railroad Bridge will provide 

for greater flow of vessel traffic than the 

current regulations for the drawbridge. 

Under the current regulations, the NS 

#7 Railroad Bridge remains closed and 

opens on signal to vessels. The final rule 

will require the bridge to remain in the 

open position permitting vessels to pass 

freely. The bridge will close only for 

train crossings and bridge maintenance. 

This final rule will provide for the 

reasonable needs of navigation. 

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. 

This final rule will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. The final rule 

will provide for the NS #7 Railroad 

Bridge to remain in the open position, 

allowing for the free flow of vessel 

traffic. The bridge would only close for 

the passage of trains and maintenance. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we offered to assist small entities 

in understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. In our notice of proposed 

rulemaking, we provided a point of 

contact to small entities who could 

answer questions concerning proposed 

provisions or option for compliance. 

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 will 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. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. 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 consistent 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.

Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Rules and Regulations 70059

Environment 

We have considered the 

environmental impact of this rule and 

concluded that under figure 2–1, 

paragraph (32)(e), of Commandant 

Instruction M16475.lD, this rule is 

categorically excluded from further 

environmental documentation. The final 

rule only involves the operation of an 

existing drawbridge and will not have 

any impact on the environment. A 

‘‘Categorical Exclusion Determination’’

is available in the docket where 

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 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; 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.

■ 2. In § 117.997, redesignate paragraphs 

(e) through (i) as paragraphs (f) through 

(j) respectively, and add a new paragraph 

(e) to read as follows:

§ 117.997 Atlantic Intracoastal Waterway, 

Southern Branch of the Elizabeth River to 

Albemarle and Chesapeake Canal.

* * * * *

(e) The draw of the Norfolk Southern 

#7 Railroad Bridge, mile 5.8 in 

Chesapeake, shall operate as follows: 

(1) The draw shall be remotely 

controlled by the operator at the Norfolk 

Southern #5 Railroad Bridge office over 

the Eastern Branch of the Elizabeth 

River, at mile 1.1, in Norfolk. 

(2) The draw shall be left in the open 

position to vessels and will only be 

closed for the passage of trains and to 

perform periodic maintenance 

authorized in accordance with subpart 

A of this part. 

(3) Trains shall be controlled so that 

any delay in opening of the draw shall 

not exceed ten minutes except as 

provided in § 117.31(b). 

(4) Before the bridge closes for any 

reason, the off-site remote operator will 

monitor waterway traffic in the area 

with closed circuit cameras and motion 

sensors mounted on the bridge. The 

bridge will 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. 

(5) While the bridge is moving from 

the full open position to the full closed 

position, the off-site remote operator 

will maintain constant surveillance of 

the navigation channel to ensure that no 

conflict with maritime traffic exists. In 

the event of failure or obstruction, the 

off-site remote operator will stop and 

return the bridge to the full open 

position to vessels. In the event of a 

failure or obstruction, a bridge tender 

must be called by the off-site remote 

operator and must be on-site within 30 

minutes of the call to operate the bridge. 

(6) During closing of the span, the 

channel traffic lights will change from 

flashing green to flashing red, the horn 

will sound twice, and an audio voice 

warning device will announce bridge 

movement, then two repeat blasts of the 

horn will sound until the bridge is 

seated and locked down. When the 

bridge is seated and locked down to 

vessels, the channel traffic lights will 

flash red. 

(7) During the open span movement, 

the channel traffic lights will flash red, 

the horn will sound twice, followed by 

a pause, and then five repeat blasts of 

the horn will sound until the bridge is 

in the full open position to vessels. In 

the full open position to vessels, the 

bridge channel traffic lights will turn 

from flashing red to flashing green then 

an audio warning device will announce 

bridge movement by stating ‘‘Security, 

security, security, the Norfolk Southern 

#7 Railroad Bridge at mile 5.8 is open 

for river traffic’’. 

(8) Operational information will be 

provided 24 hours a day on marine 

channel 13 and via telephone (757) 924–

5320.

* * * * *

Dated: November 22, 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–26522 Filed 12–1–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD05–04–120] 

RIN 1625–AA09

Drawbridge Operation Regulations; 

Northeast Cape Fear River, 

Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: The Coast Guard is changing 

the regulations that govern the operation 

of the CSX Transportation (CSX) Hilton 

Railroad Bridge across the Northeast 

Cape Fear River, at mile 1.5, in 

Wilmington, NC. The final rule will 

eliminate the need for a bridge tender by 

allowing the bridge to be operated from 

a remote location. This rule change will 

maintain the bridge’s current level of 

operational capabilities and continue 

providing for the reasonable needs of 

rail transportation and vessel 

navigation.

DATES: This rule is effective January 3, 

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 CGD05–04–120 and are available 

at Commander (obr), Fifth Coast Guard 

District, Federal Building, 1st Floor, 431 

Crawford Street, Portsmouth, Virginia 

23704–5004, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT:

Terrance Knowles, Environmental 

Protection Specialist, Fifth Coast Guard 

District, at (757) 398–6587.

SUPPLEMENTARY INFORMATION: 

Regulatory History 

On August 4, 2004, we published a 

notice of proposed rulemaking (NPRM) 

entitled ‘‘Drawbridge Operation 

Regulations: Northeast Cape Fear River, 

Wilmington, NC’’ in the Federal 

Register (69 FR 47045). We received one 

comment on the proposed rule. No 

public hearing was requested nor held. 

Background and Purpose 

CSX, who owns and operates this 

movable (bascule type) bridge, 

requested changes to the operating 

procedures for the drawbridge located at 

mile 1.5 across the Northeast Cape Fear 

River, in Wilmington, NC. The vertical 

clearance under CSX Hilton Railroad 

Bridge in the closed position to vessels 

is 9 feet at mean low water and 6 feet 

at mean high water. The existing 

regulation listed at 33 CFR 117.5 

requires the bridge to open on signal. 

Under this rule, CSX will remotely 

operate the opening and closing of the 

CSX Hilton Railroad Bridge across 

Northeast Cape Fear River in 

Wilmington, NC, from the nearby CSX 

Navassa Railroad Bridge located on the 

Cape Fear River. CSX has installed 

motion sensors, laser scanners and highresolution video cameras on the bridge 

to enhance the remote operator’s ability