[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15955]


[[Page Unknown]]

[Federal Register: June 30, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117

[CGD02 93-036]
RIN 2115-AE47

 

Drawbridge Operation Regulation; Illinois River, IL

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Coast Guard is establishing operation conditions for the 
remote operation of the Chicago and Northwestern Transportation Company 
railway bridge at Pekin, Illinois. This action is being taken at the 
request of the Chicago and Northwestern Transportation Company of 
Chicago, Illinois. The change to remote operation will permit more 
efficient operation of the railway bridge, and still provide for the 
reasonable needs of navigation.

EFFECTIVE DATES: This interim rule is effective on August 1, 1994. 
Comments must be received on or before October 1, 1994.

ADDRESSES: Comments may be mailed to Commander (ob), Second Coast Guard 
District, 1222 Spruce Street, St. Louis, MO 63103-2832, Attention: 
Docket CGD02 93-036. 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.

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. The 
Coast Guard is soliciting comments until October 1, 1994, on the 
operation of the new system during the initial implementation of this 
rule. The Coast Guard will consider all comments received during the 
comment period.

Drafting Information

    The principal persons involved in drafting this document are Wanda 
G. Renshaw, Project Officer, Bridge Branch, and Lieutenant Commander 
Arne O. Denny, Project Attorney, Second Coast Guard District Legal 
Office.

Publication History

    On January 7, 1994, the Coast Guard published a proposed rule (59 
FR 986) concerning this amendment. The Commander, Second Coast Guard 
District, also published the proposal as a Public Notice dated January 
14, 1994. Interested parties were given until February 22, 1994, to 
submit comments. The Coast Guard received seven comments on the 
proposal. A public meeting was requested and hosted by the Chairman of 
the Tazewell County Board in Pekin, Illinois, on March 14, 1994.

Background and Purpose

    The Chicago and Northwestern (C&NW) bridge at Pekin Illinois Bridge 
is presently maintained in the open position and is closed by an on-
site bridge tender upon the approach of a train. C&NW will install 
remote operating equipment and a control system, including radar, 
infrared boat detector, high intensity lights and communications 
equipment that will permit operation of the draw from the Chicago and 
Northwestern office in Chicago, Illinois. Equipment will indicate any 
malfunction in the bridge operation and enable the remote operator to 
ascertain the position of the lift span at any time. The marine radio 
system will receive and transmit on the VHF marine frequencies 
authorized by the Federal Communications Commission. Additionally, 
portable radiotelephone equipment will be provided to permit direct 
communications with vessels when the bridge is operated at the bridge 
site. A radar antenna will be installed on the fixed portion of the 
bridge structure, and the received signal will be transmitted by fixed 
lines and a microwave link to the Chicago and Northwestern office in 
Chicago. The radar system is designed to scan upstream and downstream 
of the bridge. Infrared scanners will be located on the upstream and 
downstream ends of the channel span piers 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 be automatically stopped and immediately raised to the fully 
open position until the channel is clear. During the bridge closing 
cycle, an automatic, synthesized voice announcement will be broadcast. 
At the appropriate times in the closing 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.

Discussion of Comments and Changes

    Seven comments were received in response to the Public Notice. One 
comment addressed the dangerous location of the bridge, the distraction 
of high intensity lights, the inability to discern by radar between 
various types of vessels, the additional duties assigned to the 
remotely located operator, and the safe passage of vessels if the 
bridge operator cannot maintain visual and radio contact. The bridge 
owner questioned the comment's reference to the dangerous location of 
the bridge and reasoned that the proposed procedure will be more 
favorable to river traffic than the current operation. The bridge owner 
reported that current bridge operators are assigned non-bridge related 
clerical duties in addition to operating the bridge for the six to 
eight daily trains. The radar to be installed on the bridge is similar 
to the radar equipment used on vessels, and operators will be trained 
in its use. In response to the question about back-up power, the bridge 
is equipped with a standby generator that would power all systems, 
including the bridge itself, in case of a failure of commercial power. 
If the infrared detectors fail, it will be physically impossible to 
remotely lower the bridge. Standard Department of Transportation 
traffic warning lights will be used in lieu of high intensity lights.
    The Illinois River Carriers Association commented that it does not 
object to the proposal as described, but questioned if the bridge could 
accidentally be lowered on or in front of a tow. They also recommended 
that a trial period, monitored by the Coast Guard, be established for a 
specified time.
    The bridge owner has no objection to the trial period and advises 
they expect the Coast Guard will evaluate the operation. C&NW has 
reported the remote operator cannot ``accidentally'' initiate the 
lowering sequence. A series of commands from a dispatcher control 
console must be entered; all the remote operator can do is initiate the 
sequence for lowering the bridge. The system would have to run through 
the 10 minute advance warning cycle before the drawspan would begin to 
lower. If the infrared beam is broken, the lowering is automatically 
aborted, and the span returns to the fully open position. The entire 
lowering sequence, including the warning cycle, must be repeated before 
span will again lower.
    Divisions of the Brotherhood of Locomotive Engineers in South 
Pekin, Illinois, and Chicago, Illinois, commented that an on-site 
bridge operator is needed to report collisions from barges to 
maintenance personnel, and that withdrawal of bridge operators would 
result in reduced maintenance and possible operation problems.
    The Coast Guard has established a program requiring vessel 
operators to report any contact with bridge structures. These incidents 
are reported to the bridge owner for investigation to determine the 
structural safety of the bridge. C&NW has responded that equipment 
would enable the remote operator to detect any malfunction in the 
operation of the lift span, resulting in maintenance personnel being 
dispatched to the bridge site. If equipment at the bridge site were 
vandalized, the bridge would not lower.
    Submittals from the United Transportation Union, the Transportation 
Communications International Union and divisions of the Brotherhood of 
Locomotive Engineers in South Pekin, Illinois and Chicago, Illinois, 
commented on railroad operations and personnel issues, which are not 
within the scope of this regulation or the Coast Guard's jurisdiction.
    The Chairman of the Tazewell County Board expressed the Board's 
concerns for the safety of the operation if bridge is operated from a 
remote location, and the loss of four jobs and the impact on the 
involved families. A public meeting hosted by the Tazewell County Board 
was held on March 14, 1994; representatives of Chicago and Northwestern 
Railroad answered questions and addressed concerns about the 
navigational and structural safety of the bridge, and railroad 
operations and personnel issues.
    The original proposal provided for installation of equipment that 
would permit operation of the span by authorized railroad personnel at 
either portal of the bridge. C&NW has decided to omit the ``portal'' 
controls, since, should it be necessary to lower the span at the bridge 
site, the span could be operated from the bridge house on top of the 
span, or from the signal bungalow south of the bridge. If the span is 
operated from either bridge site location, the span would not be 
lowered until the 10-minute warning period, including voice 
announcements, had been completed, and the local operator had 
confirmed, either visually or by radiotelephone, that no boats were 
under or approaching the bridge.
    Based on the owner's response to comments on the remote operation 
of this bridge, the Coast Guard is publishing the requirements as 
proposed.

Regulatory Evaluation

    This regulation 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 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 proposal to be 
so minimal that a full Regulatory Evaluation under paragraph 10(e) of 
the regulatory policies and procedures of DOT is unnecessary because a 
sample group of Illinois River users have expressed no objection to the 
proposal.

Small Entities

    After considering the submitted comments, the Coast Guard finds 
that any impact on small entities, if any, is not substantial. 
Therefore, the Coast Guard certifies under section 605(b) of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary 
rule will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This rule contains no collection of information requirements under 
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    The Coast Guard has analyzed this rule under the principles and 
criteria contained in Executive Order 12612 and has determined that it 
does not raise sufficient federalism implications to warrant 
preparation of a Federalism Assessment.

Environmental Assessment

    The Coast Guard has reviewed the environmental impact of this rule 
and concluded that under section 2.B.2 of the NEPA Implementing 
Procedures, COMDTINST M16475.1B this rule 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.

List of Subjects in 33 CFR Part 117

    Bridges.

PART 117--DRAWBRIDGE OPERATION REGULATIONS

    For the reasons set out in the preamble, the Coast Guard is 
amending Part 117 of Title 33, Code of Federal Regulations, as follows.
    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).

    2. In Sec. 117.393 paragraphs (a), (b), (c), (d), and (e) are 
redesignated as (a)(1) through (a)(5), respectively, the introductory 
paragraph of Sec. 117.393 is redesignated as the introductory text of 
paragraph (a) and a new paragraph (b) is added to read as follows:


Sec. 117.393  Illinois river.

    (a) * * *
    (b) The draw of the Chicago and Northwestern railroad bridge, Mile 
151.2, at Pekin, Illinois, is operated by a remote operator located at 
the Chicago and Northwestern offices in Chicago, Illinois, as follows:
    (1) The draw is normally maintained in the fully open position, 
displaying green mid-channel 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 horn for sound signals;
    (iii) Eight high intensity amber warning lights, oriented upstream 
and downstream, with two secured to the uppermost chord and two secured 
to the lowermost chord of the drawspan;
    (iv) A radar antenna on the lower portion of the drawspan capable 
of scanning one mile upstream and one mile downstream; and
    (v) Infrared scanners located on the upstream and downstream ends 
of the channel span piers, to detect vessels or other obstructions 
under the bridge.
    (3) The remote operator shall maintain a radiotelephone 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 ten minute warning period 
before closing the bridge. During this warning period, the amber lights 
begin flashing and a signal of four short blasts sounds on a horn. The 
four-blast signal will repeat after a five second interval. A 
synthesized-voice message is broadcast over the radiotelephone as 
follows: ``The Chicago and Northwestern railroad bridge at Mile 151.2, 
Illinois River, will close to navigation in ten minutes.'' The 
announcement is repeated every two minutes, counting down the time 
remaining until closure.
    (5) At the end of the ten minute warning period, the remote bridge 
operator scans under the bridge using infrared detectors and the 
upstream and downstream approaches to the bridge using 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 or radar scanning or by a radiotelephone 
response, the remote operator shall not close the bridge until the 
vessel or vessels have cleared the bridge.
    (6) If no vessels are under or approaching the bridge, the mid-
channel navigation lights will change from green to red, the horn 
signal of four short blasts will sound, twice, and the radiotelephone 
message will change to: ``The Chicago and Northwestern Railroad Bridge 
at Mile 151.2, Illinois River, is closed to navigation.'' The message 
will repeat every two minutes and the amber lights will continue to 
flash until the bridge is fully reopened.
    (7) If the infrared scanners detect a vessel or other obstruction 
under the bridge before the drawspan is fully lowered and locked, the 
closing sequence is stopped, automatically, and the drawspan is raised 
to its fully open position until the channel is clear. When obstruction 
has cleared the navigation span, the remote operator confirms that the 
channel is clear, and reinitiates the ten-minute warning cycle.
    (8) After the train has cleared the bridge, the remote operator 
initiates the lift span raising cycle. When the draw is raised to its 
full height and locked in place, the flashing lights stop and the mid-
channel navigation lights change from red to green. The synthesized 
voice announcement broadcasts at two minute intervals for ten minutes 
that the bridge is reopened to navigation.

    Dated: June 14, 1994.
Frank M. Chliszczyk,
Captain, U.S. Coast Guard, Acting Commander, Second Coast Guard 
District.
[FR Doc. 94-15955 Filed 6-29-94; 8:45 am]
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