[Federal Register Volume 59, Number 169 (Thursday, September 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21653]
[[Page Unknown]]
[Federal Register: September 1, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD02-94-062]
RIN 2115-AE47
Drawbridge Operation Regulations; Illinois Waterway
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to add a new regulation governing the
remote operation of the draw of the Elgin Joliet and Eastern Railway
Bridge over the Illinois Waterway at mile 290.1, at Joliet, Illinois.
Allowing remote operation would not cause delays to river traffic and
would reduce operating costs for the railroad.
DATES: Comments must be received on or before October 31, 1994.
ADDRESSES: Comments may be mailed to Commander (ob), Second Coast Guard
District, 1222 Spruce Street, St. Louis, MO 63103-2832, Attention:
Docket CGD02-94-062. Comments may also be delivered to Room 2.107B at
the above address between 8 a.m. and 3 p.m., Monday through Friday,
except Federal holidays. For information concerning comments, the
telephone number is (314) 539-3724.
The Bridge Branch, Second Coast Guard District, maintains the
public docket for this rulemaking. Comments will become part of the
public docket and the docket will be available for inspection or
copying in room 2.107B at the above address.
FOR FURTHER INFORMATION CONTACT:
Roger K. Wiebusch, Bridge Administrator, Second Coast Guard District,
(314) 539-3724.
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 CGD02-94-062, identify the specific section of
this proposal to which each comment applies, and give the reason for
each comment. Each person who wants an acknowledgment of the receipt of
comments should enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. The Coast Guard may change the proposal in view of the
comments.
The Coast Guard does not plan to hold a public hearing. Persons may
request a public hearing by writing to the Docket Clerk at the address
under ADDRESSES. If the Coast Guard determines that the opportunity to
make oral presentations will aid the rulemaking process, the Coast
Guard will hold a public hearing at a time and place announced by a
later notice in the Federal Register.
Drafting Information
The principal persons involved in drafting this document are David
H. Sulouff, Project Officer, Bridge Branch, and LT S. Moody, Project
Attorney, Second Coast Guard District Legal Office.
Discussion of Proposed Change
Elgin Joliet and Eastern Railway (EJ&E) has requested Coast Guard
approval to change the method of operating their railway bridge at Mile
290.1 on the Illinois Waterway. Presently, the bridge is maintained in
the closed to navigation position, manned by an on-site bridge tender
and is required under 33 CFR 117.1, to open on demand for passage of
river traffic. Communication between the bridge tender and vessel
operators is conducted via marine radio. If the Coast Guard approves
operation from a remote location, the railroad bridge will be operated
as a normally open to navigation span, to be closed only for passage of
rail traffic or maintenance.
EJ&E has installed a remote operating equipment and control system,
including radar, infrared boat detectors, motion detectors and
communications equipment, that would permit operation of the draw from
Gary, Indiana. The equipment would indicate any malfunction in the
bridge operation and allow the remote operator to ascertain the
position of the lift span at any time. The marine radio system would
receive and transmit on the VHF marine frequencies authorized by the
Federal Communications Commission. The bridge could also be operated at
the bridge site. A radar antenna is installed on the bridge and the
received signal would be transmitted by fixed line to the remote
operator in Gary, Indiana. The radar system is designed to scan
upstream and downstream of the bridge. Infrared scanners and motion
detectors are located in the channel span to detect vessels in the
channel span. If an obstruction is detected beneath the lift span
during the closing cycle, before the span is seated and locked, the
lift span will automatically stop lowering and will be raised to the
fully open position by the remote operator until the channel is clear.
During the bridge closing cycle, the bridge operator will make a
radio broadcast indicating bridge status. At the appropriate times in
the cycle, the broadcast will announce that the bridge will close to
navigation, that the bridge is closed to navigation, or that the bridge
has reopened to navigation.
The proposed regulation will impose operating and equipment
requirements on EJ&E to ensure the safe and timely operation of the
railroad bridge. The existing text of 33 CFR 117.395, which regulates
the draws of the McDonough Street, Jefferson Street, Cass Street,
Jackson Street and Ruby Street bridges, all at Joliet, IL, would be
redesignated as paragraph (a). Except for being redesignated, the
regulation covering operation of these bridges would not change. The
proposed new regulation for the EJ&E bridge would be added as new
paragraph (b).
Regulatory Evaluation
This rule is not a significant regulatory action under 3(f) of
Executive Order 12866 and does not require an assessment of potential
cost 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 expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal will have a significant
impact on a substantial number of small entities. ``Small entities''
include independently owned and operated small 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).
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposal, if adopted, will not have a significant impact on a
substantial number of small entities. If, however, you think that your
business qualifies as a small entity and that this proposal will have a
significant economic impact on your business, please submit a comment
(see addresses) explaining why you think your business qualifies and in
what way and to what degree this proposal will economically affect your
business.
Collection of Information
This proposal contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposal in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this proposal does not have sufficient federalism
implications to warrant preparation of a Federalism Assessment.
Environment
The Coast Guard has reviewed the environmental impact of this
proposal and concluded that under section 2.B.2 of the NEPA
Implementing Procedures, COMDTINST M16475.1B this proposal is
categorically excluded from further environmental documentation because
promulgation of changes to drawbridge regulations have been found to
not have a significant effect on the human environment. A Categorical
Exclusion Determination is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard proposes
to amend part 117 of title 33, Code of Federal Regulations, 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 Public Law 102-587, 106
Stat. 5039.
2. Section 117.395 is revised to read as follows:
Sec. 117.395 Illinois Waterway.
(a) The draws of the McDonough Street Bridge, Mile 287.3, Jefferson
Street bridge, mile 287.9, Cass Street bridge, mile 288.1, Jackson
Street bridge, mile 288.4, and Ruby Street bridge, mile 288.7, all of
Joliet, shall open on signal, except that they need not open from 7:30
a.m. to 8:30 a.m. and from 4:15 p.m. to 5:15 p.m. Monday through
Saturday.
(b) The lift span of the Elgin Joliet and Eastern Railway bridge,
Mile 290.1 at Joliet Illinois, is operated by a remote operator located
at the Elgin Joliet & Eastern offices in Gary, Indiana as follows:
(1) The draw is normally maintained in the fully open position,
displaying green center span navigation lights to indicate that the
span is fully open.
(2) The draw is equipped with the following:
(i) A radiotelephone link direct to the remote operator,
(ii) A radar antenna on top of the draw span capable of scanning
one mile upstream and one mile downstream,
(iii) Infrared boat detectors in the draw capable of scanning under
the draw,
(iv) Electronic motion detectors located in the draw to allow the
remote bridge operator to detect vessels approaching or under the
bridge,
(v) A siren for sound signals, and
(vi) Red and green center span navigation lights.
(3) The remote operator shall maintain a 24 hour VHF marine radio
channel 16 watch for mariners to establish contact as they approach the
bridge to ensure that the draw is open or that it remains open until
passage is complete.
(4) When a train approaches the bridge and the draw is in the open
position, the remote operator initiates a one minute warning period
before closing the bridge. During this warning period, the green center
span navigation lights change to red and a siren sounds for twenty
seconds. The remote operator will broadcast at least twice, via marine
radio, channel 16, that: ``The draw of the EJ&E railway bridge will be
lowered in one minute.''
(5) If a vessel is upbound within 1 mile of the bridge or
downbound, departing the Lockport Lock and Dam at mile 291.1, with
intentions of passing through the bridge, they should initiate radio
contact, or respond to the remote bridge operator's marine radio
broadcast, indicating their proximity to the bridge and requesting an
opening of the draw or that the draw remain open until the vessel
passes. The remote bridge operator will delay lowering of the
navigation span until approaching vessels have passed through the
bridge.
(6) At the end of the one minute warning period, the remote bridge
operator scans under the bridge using the infrared and electronic
detectors and radar to determine whether any vessels are under or are
approaching the bridge. If any vessels are under or are approaching the
bridge within one mile as determined by infrared, radar or electronic
motion scanning, electronic motion detectors, or by a radiotelephone
response, the remote operator shall not close the bridge until the
vessel or vessels have cleared the bridge.
(7) If the presence of a vessel or other obstruction is discovered
under the bridge before the draw is fully lowered and locked, the
remote operator would stop and raise it to the fully open position,
until the bridge is fully reopened. When the obstruction has cleared
the navigation span, the remote operator confirms that the channel is
clear and reinitiates the one minute warning cycle.
(8) After the train has cleared the bridge, the remote operator
initiates the lift span raising cycle. When the span is fully open to
navigation, the center span navigation lights change from red to green.
Dated: August 15, 1994.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Commander, Second Coast Guard District.
[FR Doc. 94-21653 Filed 8-31-94; 8:45 am]
BILLING CODE 4910-14-M