[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]
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