[Federal Register Volume 61, Number 36 (Thursday, February 22, 1996)]
[Proposed Rules]
[Pages 6803-6804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3894]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-95-57]


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
FL

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to change the regulations governing 
the operation of the NASA railroad bridge, mile 876.6, at Kennedy Space 
Center, by removing the authorization for automatic operation and 
returning the draw to manual operation. A change in ownership of the 
rail line prompted the bridgeowner to implement on site manual 
operation of this drawbridge approximately 8 years ago.

DATES: Comments must be received on or before April 22, 1996.

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 
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 [CGD07-95-57] 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 LCDR Robert Wilkins, Project Counsel.

Background and Purpose

    The draw of the NASA railroad bridge, mile 876.6, at Kennedy Space 
Center was placed on automatic remote controlled operation by the 
Florida East Coast Railroad when it was put into service in February 
1964. Under remote operation the span is normally in the open position 
displaying flashing green signals to allow the movement of water 
traffic. When a train approaches the bridge the lights go to flashing 
red, a horn sounds 4 blasts, paused, then repeats 4 blasts. After an 8 
minute delay the draw lowers and locks, providing scanning equipment 
reveals nothing under the draw. The draw remains down for a period of 8 
minutes or while the approach track circuit is occupied. After the 
train clears, the draw opens and the lights return to flashing green.
    The automatic remote control method was discontinued in 1984 when 
the ownership of the bridge was transferred from the Florida East Coast 
Railroad to the Kennedy Space Center (NASA). The purpose of the change 
is to describe in the regulations how the bridge is actually being 
operated.

Discussion of Proposed Amendment

    Under the proposal, the draw would normally be in the fully open 
position displaying flashing green lights to 

[[Page 6804]]
indicate that vessels may pass. When a train approaches the bridge it 
must stop and the train operator must initiate a command to lower the 
bridge. The lights would go to flashing red and the draw would lower 
and lock providing scanning equipment reveals nothing under the draw. 
The draw would remain down until a manual raise command is initiated, 
or it would raise automatically 5 minutes after the intermediate track 
circuit is no longer occupied by a rail car. After the train has 
cleared, the lights would return to flashing green.

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 not been reviewed 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 
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'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and 
are not dominant in their field and (2) governmental jurisdictions with 
populations of less than 50,000.
    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 for inspection and 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 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. Sec. 117.261 is amended by revising paragraph (j) to read as 
follows:


Sec. 117.261  Atlantic Intracoastal Waterway from St Marys River to Key 
Largo.

* * * * *
    (j) NASA Railroad bridge, mile 876.6 at Kennedy Space Center. (1) 
The draw is not constantly tended.
    (2) The draw 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 must stop and the 
operator initiates a command to lower the bridge. The lights go to 
flashing red and the draw lowers and locks providing scanning equipment 
reveals nothing under the draw. The draw remains down until a manual 
raise command is initiated, or will raise automatically 5 minutes after 
the intermediate track circuit is no longer occupied by a rail car.
    (4) After the train has cleared the draw opens and the lights 
return to flashing green.
* * * * *
    Dated: February 5, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Seventh Coast Guard District.
[FR Doc. 96-3894 Filed 2-21-96; 8:45 am]
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