[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29654-29655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14864]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD07-95-057]
RIN 2115-AE47


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is changing 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. This action will accommodate 
the needs of railroad traffic and still provide for the reasonable 
needs of navigation.

EFFECTIVE DATE: July 29, 1996.

ADDRESSES: Documents are available for inspection or copying at U.S. 
Coast Guard Seventh District, Office of Aids to Navigation, 909 S.E. 
1st Avenue, Miami, Florida 33131 between 8 a.m. and 4 p.m. EDT, Monday 
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Walt Paskowsky, Project Manager, Bridge Section, (305) 536-4103.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On February 22, 1996, the Coast Guard published a notice of 
proposed rulemaking entitled Drawbridge Operation Regulations, Atlantic 
Intracoastal Waterway, FL in the Federal Register (61 FR 6803). The 
comment period ended on April 22, 1996. The Coast Guard received no 
comments on the proposal. A public hearing was not requested and one 
was not held.

Background and Purpose

    The draw of the NASA railroad bridge, mile 876.6 at Kennedy Space 
Center was placed in automatic remote controlled operation by the 
Florida East Coast Railroad when it was put into service in February 
1964. Under remote

[[Page 29655]]

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, pauses, then repeats 4 blasts. After an 8 minute delay, the 
draw lowers and locks, providing scanning equipment reveals nothing 
under the span. 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 
ownership of the bridge was transferred from the Florida East Coast 
Railroad to the Kennedy Space Center (NASA). The purpose of this change 
is to describe in the regulation how the bridge is actually being 
operated.

Discussion of Comments and Changes

    No comments were received on the proposed rule. The final rule is 
therefore unchanged from the proposed rule published on February 22, 
1996.

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 
action 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 rule will have a significant 
economic impact on a substantial number of small entities. ``Small 
entities'' may include small businesses and not for profit 
organizations that are independently owned and operated and are not 
dominant in their field and governmental jurisdictions with populations 
of less than 50,000. Because it expects the impact of the action to be 
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
final 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 the rule under the principles and 
criteria contained in Executive Order 12612, and has determined that 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that under section 2.B.2.e.(32) 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 listed under ADDRESSES.

List of Subjects in 33 CFR Part 117

    Bridges.

Final Regulation

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 117 as follows:

PART 117-- [AMENDED]

    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 117.261 is amended by revising paragraph (j) to read as 
follows:


Sec. 117.261  Atlantic Intracoastal Waterway from St. Mary's 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 stops 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: May 21, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard 
District.
[FR Doc. 96-14864 Filed 6-11-96; 8:45 am]
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