[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Rules and Regulations]
[Pages 26686-26687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12281]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD02-95-001]
RIN 2115-AE47
Drawbridge Operation Regulation; Illinois Waterway
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is finalizing operation conditions for the
remote operation of the Elgin, Joliet and Eastern Railway (EJ&E) Bridge
over the Illinois Waterway at mile 290.1, at Lockport, Illinois. This
action was taken at the request of the Elgin, Joliet and Eastern
Railway Company. The change to remote operation permits more efficient
operation of the railway bridge, while continuing to provide for the
reasonable needs of navigation.
EFFECTIVE DATE: May 18, 1995.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the offices of the
Commander, Second Coast Guard District, 1222 Spruce Street, St. Louis,
MO 63103-2832, Attention: Bridge Administrator, between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Roger K. Wiebusch, Bridge Administrator, Second Coast Guard District,
(314) 539-3724.
SUPPLEMENTARY INFORMATION:
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.
Regulatory History
On September 1, 1994, the Coast Guard published a proposed rule (59
FR 45252) concerning this amendment. The Commander, Second Coast Guard
District, also published the proposal as a Public Notice dated
September 20, 1994. Interested parties were given until October 31,
1994 to submit comments. The Coast Guard received comments from the
Illinois Department of Conservation and the Illinois River Carriers
Association, representing approximately 34 river towing companies. On
February 24, 1995, the Coast Guard published an interim rule (60 FR
10315) concerning this amendment with a comment closing date of April
25, 1995. No comments were received in response to this interim rule. A
public hearing was not requested and one was not held.
Two minor changes have been made to the final rule from the interim
rule. The interim final rule stated that the remote operator made
marine broadcasts warning of the drawbridges closure on channel 16. In
this final rule, reference to channel 16 was eliminated because the
marine broadcast frequencies are designated by FCC regulations and not
by the Coast Guard. This final rule also increases the number of
broadcasts that the remote operator will make after the drawspan is
lowered and locked in the closed to navigation position, from two
broadcasts to periodic broadcasts. This change will ensure that vessels
approaching the bridge after the drawspan has been lowered will be
notified that the draw is closed.
Good cause exists for making this rule effective upon publication.
No comments were received during the interim final rule's 60 day
comment period. The Coast Guard has monitored the remote operation
during the 60 day test period. There were no equipment failures and no
reported negative impacts to navigation. This rule allows the bridge to
be left open unless rail traffic or maintenance requires its closure.
Vessel traffic will benefit from this rule by having the bridge
maintained in the open to navigation position. For these reasons the
Coast Guard has determined that there is no need to delay
implementation of this rule.
Background and Purpose
The Elgin, Joliet and Eastern Railway requested approval from the
Coast Guard to change the operation of the EJ&E Bridge over the
Illinois waterway at mile 290.1, at Lockport, Illinois, from on-site
bridge operation to a remote operating system. This rule change
establishes remote operating procedures with associated operating and
equipment requirements on EJ&E that will ensure the safe and timely
operation of the railroad drawspan.
EJ&E has installed remote operating equipment and a control system,
including radar, infrared boat detectors, motion detectors and
communications equipment, to facilitate operation of the drawspan from
Gary, Indiana. The drawspan can also be operated at the bridge site.
The drawspan will be maintained in the open to navigation position
except for the passage of rail traffic or maintenance. The equipment
indicates any malfunction in the drawspan operation and allows the
remote operator to ascertain the position of the drawspan at any time.
The marine radio system allows communication between the remote
operator and marine traffic at the bridge, on the VHF marine
frequencies authorized by the Federal Communications Commission. A
radar antenna has been installed on the bridge and the received signal
is transmitted by fixed lines to the remote operator. The radar system
is designed to scan upstream and downstream of the bridge. Infrared
scanners and motion detectors are located in the channel drawspan to
detect vessels under the drawspan. If an obstruction is detected
beneath the drawspan during the closing cycle, before the drawspan is
seated and locked, the drawspan will automatically stop lowering and
shall be raised to the fully open position by the remote operator until
the channel is clear. Once lowered and locked in the closed to
navigation position, the boat detectors will not raise the drawspan.
During the drawspan closing cycle, the bridge operator shall make a
radio broadcast indicating drawspan status. At the appropriate times in
the cycle, the bridge operator shall announce that the drawspan will
close to navigation, that the drawspan is closed to navigation, or that
the drawspan has reopened to navigation.
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
After considering comments received, the Coast Guard finds that any
impact on small entities, if any, is not substantial. Therefore, the
Coast Guard certifies under 605(b) of the Regulatory
[[Page 26687]] Flexibility Act (5 U.S.C. 601 et seq.) that this 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
The Coast Guard has analyzed this rule in accordance with the
principles and criteria contained in Executive Order 12612 and has
determined that this rule does not have sufficient federalism
implications to warrant preparation of a Federalism Assessment.
Environmental
The Coast Guard has reviewed the environmental impact of this rule
and concluded that under section 2.B.2.g(5), (Promulgation of operating
requirements or procedures for drawbridges) of Commandant Instruction
M16475.1B, (as revised by 59 FR 38654; July 29, 1994), this rule is
categorically excluded from further environmental documentation. A
Categorical Exclusion Determination is available 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 amends
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 Pub. L. 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 drawspan of the Elgin, Joliet and Eastern Railway bridge,
mile 290.1 at Lockport, Illinois, is operated by remote operator
located at the Elgin, Joliet & Eastern offices in Gary, Indiana as
follows:
(1) The drawspan is normally maintained in the fully open to
navigation position displaying green center span navigation lights to
indicate that the drawspan is fully open.
(2) The bridge is equipped with the following:
(i) A radiotelephone link direct to the remote operator;
(ii) A radar antenna on top of the drawspan capable of scanning the
river, one mile upstream and one mile downstream;
(iii) Infrared boat detectors under the drawspan, to allow the
remote bridge operator to detect vessels under the drawspan;
(iv) Electronic motion detectors under the drawspan to allow the
remote bridge operator to detect vessel movement under the drawspan;
(v) A siren for sound signals; and
(vi) Red and green center span navigation lights.
(3) The remote bridge operator shall maintain a 24 hour VHF marine
radio watch for mariners to establish contact as they approach the
bridge to ensure that the drawspan is open or that it remains open
until passage of river traffic is complete.
(4) When rail traffic approaches the bridge, and the drawspan is in
the open position, the remote bridge operator initiates a one minute
warning period before closing the drawspan. During this warning period,
the remote operator shall broadcast at least twice, via marine radio,
that: ``The drawspan of the EJ&E Railroad bridge will be lowered in one
minute.'' A siren on the bridge sounds for 20 seconds, to warn anyone
on or under the bridge that the drawspan will be lowered.
(5) If a vessel is approaching the bridge upbound or, departing the
Lockport Lock and Dam at mile 291.1, downbound, with intentions of
passing through the drawspan, they shall respond to the remote bridge
operators' marine radio broadcast, or initiate radio contact,
indicating their proximity to the bridge and requesting an opening of
the drawspan or that the drawspan remain open until the vessel passes.
If any approaching vessel is detected or if a radiotelephone response
is received, the remote operator shall not close the drawspan until the
vessel or vessels have cleared the bridge.
(6) At the end of the one minute warning period, if no river
traffic is approaching or under the drawspan, the remote bridge
operator may begin lowering the drawspan. Navigation lights located at
the center of the drawspan change from green to red when the drawspan
is not in the fully open to navigation position. The drawspan takes
approximately 90 seconds to lower.
(7) If the presence of a vessel or other obstruction is discovered
approaching or under the drawspan, during the lowering sequence, before
the drawspan is fully lowered and locked, the drawspan shall be stopped
and raised to the fully open position. When the vessel or obstruction
has cleared the drawspan, the remote operator shall confirm that the
channel is clear and reinitiate the one minute warning cycle before
lowering the drawspan.
(8) If no marine traffic is present the drawspan may be lowered and
seated. When the drawspan is lowered and locked in the closed to
navigation position, the remote bridge operator periodically
broadcasts, via marine radio, that: ``The drawspan of the EJ&E Railroad
bridge is closed to navigation.''
(9) Failure of the radar system, radio telephone system, infrared
boat detectors or electronic motion sensors shall prevent lowering the
drawspan from the remote location.
(10) when rail traffic has cleared the bridge, the remote bridge
operator shall raise the drawspan to the fully open to navigation
position. When the drawspan is raised and in the fully open to
navigation position, the remote bridge operator broadcasts, at least
twice, via marine radio, that: ``The drawspan of the EJ&E Railroad
bridge is open to navigation.'' The center drawspan navigation lights
change from red to green when the drawspan is fully open to navigation.
Dated: March 15, 1995.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Commander, Second Coast Guard District,
St. Louis, MO.
[FR Doc. 95-12281 Filed 5-17-95; 8:45 am]
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