[Federal Register Volume 60, Number 159 (Thursday, August 17, 1995)]
[Proposed Rules]
[Pages 42827-42828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20361]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD07-94-85]
RIN 2115-AE47
Drawbridge Operation Regulations; Okeechobee Waterway, FL
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to change regulations governing the
operation of the Florida East Coast railroad bridge, at mile 38.0, at
Port Mayaca, Florida, by removing the authorization for automatic
operation and returning the draw to manual operation. Decreased use of
the rail line has prompted the bridgeowner to propose onsite manual
operation of this drawbridge for more efficient operations. This action
should accommodate the needs of railroad traffic, while still providing
for the reasonable needs of navigation.
DATES: Comments must be received on or before October 16, 1995.
ADDRESSES: Comments may be mailed to Commander (oan), Seventh Coast
Guard District, 909 SE 1st Avenue, Miami, Florida 33131-3050, or may be
delivered to room 406 at the above address between 7:30 a.m. and 4
p.m., Monday through Friday, except federal holidays. The telephone
number is (305) 536-4103.
The Commander, Seventh Coast Guard District maintains the public
docket for this rulemaking. Comments will become part of this docket
and will be available for inspection or copying at the above address.
FOR FURTHER INFORMATION CONTACT:
Walter Paskowsky, Project Manager, Bridge Section at (305) 536-4103.
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 [CGD07-94-85] and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. The Coast Guard requests that all comments and attachments be
submitted in an unbound format suitable for copying. If not practical,
a second copy of any bound material is requested. Persons wanting
acknowledgment of receipt of comments should enclose a stamped, self-
addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments
received.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Mr. Walt Paskowsky at the address under
ADDRESSES. The request should include reasons why a hearing would be
beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, 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 Walter Paskowsky, Project Manager, and LT J. M.
Losego, Project Counsel.
Background and Purpose
This bridge presently is remotely controlled by a railroad
dispatcher in St. Augustine, Florida. The draw is normally in the fully
open position displaying flashing green lights to indicate that vessels
may pass. When a train approaches the bridge, the lights go to flashing
red and a horn sounds four blasts, and then repeats four blasts. After
an eight minute delay, the draw lowers and locks, providing the
scanning equipment reveals nothing under the draw. The draw remains
down for a period of eight minutes or while all circuits are occupied.
After the train has cleared, the draw opens and the lights return to
flashing green. Because of declining usage of the rail line, the
bridgeowner, Florida East Coast Railroad, has requested permission to
operate the span manually.
Discussion of Proposed Amendment
The draw would continue to normally remain in the fully open
position displaying flashing green lights to indicate vessels may pass.
When a train approaches the bridge, it would stop and the train crew
would observe the waterway for boat traffic. Upon manual signal the
navigation lights would go to flashing red, the horn would sound four
blasts, pause, then repeat four blasts, then without delay the bridge
would be lowered, providing scanning equipment reveals nothing under
the draw. After the span is lowered and locked the train would proceed
across, and when the last car in the train has cleared the approach
track circuit, the span would raise automatically. The entire bridge
operation from span down to span up would take about 13 minutes.
Regulatory Evaluation
This rule 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 significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard
[[Page 42828]]
expects the economic impact of this proposal to be so minimal that a
full regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT (44 FR 11040; February 26, 1979) is
unnecessary. We conclude this because of the infrequent operation of
the draw.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic 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). Because it expects the impact of
the proposal to be minimal 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.
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 under the principles and
criteria contained in Executive Order 12612, and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2.e.(32)(e) of
Commandant Instruction M16475.1B, promulgation of operating
requirements or procedures for drawbridges is categorically excluded
from further environmental documentation. A Categorical Exclusion
Determination is available in the docket where indicated in the
ADDRESSES section.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 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; 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. In Sec. 117.317 paragraph (f) is revised to read as follows:
Sec. 117.317 Okeechobee Waterway.
* * * * *
(f) Florida East Coast Railroad bridge, mile 38, at Port Mayaca.
(1) The draw is not constantly tended.
(2) The bridge is normally in the fully open position displaying
flashing green lights to indicate that vessels may pass.
(3) When a train approaches the bridge it will stop and a
crewmember will observe the waterway for approaching vessels, which
will be allowed to pass. Upon manual signal, the bridge lights will go
to flashing red, and the horn will sound four blasts, pause, then
repeat four blasts, then the draw will lower and lock, providing
scanning equipment reveals nothing under the span.
(4) After the train has cleared, the draw will open, and the lights
will return to flashing green.
* * * * *
Dated: July 26, 1995.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 95-20361 Filed 8-16-95; 8:45 am]
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