Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Proposed Rules 29677

on your business or organization, please

submit a comment (see ADDRESSES)

explaining why you think it qualifies

and in what way and to what degree this

proposed rule will economically affect

it.

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.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this rule and

concluded that under section 2.B.2.a

(CE#32(e)) of Commandant Instruction

M16475.1C, that the 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.

List of Subjects in 33 CFR Part 117

Bridges.

In consideration of the foregoing, the

Coast Guard proposes to amend Part 117

of Title 33, Code of Federal Regulations,

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. A new section 117.268 is added to

read as follows:

§ 117.268 Billy’s Creek.

The draw of the State Road 80 bridge

over Billy’s Creek at Fort Myers need

not be opened for the passage of vessels.

Dated: April 23, 1998.

N.T. Saunders,

Rear Admiral, U.S. Coast Guard, Commander,

Seventh Coast Guard District.

[FR Doc. 98–14395 Filed 5–29–98; 8:45 am]

BILLING CODE 4910–15–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD05–98–014]

RIN 2115–AE47

Drawbridge Operation Regulations;

Elizabeth River, South Branch,

Portsmouth-Chesapeake, Virginia

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard is proposing

to change the operating regulations for

the Belt Line Railroad drawbridge across

the Atlantic Intracoastal Waterway,

Southern Branch of the Elizabeth River,

mile 2.6, at Portsmouth and Chesapeake,

Virginia. The proposed rule would

eliminate the need for a bridgetender by

allowing the bridge to be operated by

the bridge/train controller from a remote

location at the Berkley Yard office. The

Belt Line Bridge would be left in the

open position, and would only close for

the passage of trains and to perform

maintenance.

This proposal would maintain the

bridge’s current level of operational

capabilities and continue providing for

the reasonable needs of rail

transportation and vessel navigation.

DATES: Comments must be received on

or before July 31, 1998.

ADDRESSES: Comments should be

mailed to Commander (Aowb), Fifth

Coast Guard District, Federal Building,

4th Floor, 431 Crawford Street,

Portsmouth, Virginia 23704–5004, or

may be hand delivered to the same

address between 8 a.m. and 4 p.m.,

Monday through Friday, except Federal

holidays. The telephone number is (757)

398–6222. Comments will become a part

of this docket and will be available for

inspection and copying at the above

address.

FOR FURTHER INFORMATION CONTACT: Ann

B. Deaton, Bridge Administrator, Fifth

Coast Guard District, at (757) 398–6222.

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

(CGD05–98–014) 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

and electronic filing. 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.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Commander,

Fifth Coast Guard District, 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 in this proposed rulemaking, the

Coast Guard will hold a public hearing

at a time and place announced by a later

notice in the Federal Register.

Background and Purpose

The Belt Line Railroad Company has

requested that the operating procedures

for their drawbridge across the Southern

Branch of the Elizabeth River, mile 2.6,

located in Portsmouth and Chesapeake,

Virginia, be changed by allowing

operation of the bridge from a remote

location for train crossings or

maintenance. Currently, the bridge is

left in the open position and only closed

by a bridgetender on site. Belt Line has

requested that the bridge be operated by

the bridge/train controller at the

Berkeley Yard office.

Before closing the bridge, the off-site

controller would monitor waterway

traffic on the Southern Branch of the

Elizabeth River in the area of the Belt

Line Bridge with closed circuit cameras

and surface navigational radar. The

cameras would be mounted on top of

the bridge and provide visual

surveillance of waterway traffic upriver,

downriver, and underneath the bridge

for the controller. The controller would

announce over marine radio at 30

minutes and 15 minutes prior to a

bridge closing that the bridge will close

to marine traffic. The controller would

make a third, final announcement just

before lowering the bridge. Channel

lights located on top of the bridge would

change from green to red any time the

bridge is not in the full up position.

This change is being requested to

make the closure process more efficient

during train crossings and periodic

maintenance and to save operational

expenses by eliminating bridgetenders

while still providing the same bridge

operational capabilities.
29678 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Proposed Rules

Discussion of Proposed Amendments

The Coast Guard proposes to amend

33 CFR 117.997, which governs the Belt

Line Railroad Bridge across the

Southern Branch of the Elizabeth River,

mile 2.6, located in Portsmouth and

Chesapeake, Virginia, by allowing

remote operation of the draw. The

bridge would be lowered and raised off

site by the controller at the Berkeley

Yard office. The drawbridge would be

left in the open position and would only

close for the passage of trains and to

perform periodic maintenance

authorized in accordance with subpart

A of this part.

When the bridge closes for any

reason, the controller would announce

30 minutes in advance, over marine

channel 13, that the Belt Line Railroad

Bridge is going to close for river traffic

in 30 minutes. All concerned river

traffic would be requested to

acknowledge on marine channel 13.

Then, 15 minutes prior to closing the

bridge, the bridge/train controller would

again announce the closing over the

radio, and request acknowledgment on

marine channel 13. Immediately prior to

lowering the bridge, the controller

would make a final announcement that

the bridge is now being lowered and

request acknowledgment on marine

channel 13.

The bridge would only be lowered if

closed circuit visual and radar

information shows there are no vessels

in the area and if no opposing radio

communications have been received.

If the off-site bridge/train controller’s

visibility of the navigational channel is

less than 3⁄4 of a mile, the bridge would

not be operated from the remote site.

Operation in visibility of less than 3⁄4 of

a mile would be done only by a

drawtender at the bridge site.

While the Belt Line Bridge is moving

from the full open position to the full

closed position, the controller would

maintain constant surveillance of the

waterway above and below the bridge to

ensure no conflict with maritime traffic

exists. In the event of failure of a camera

or the radar system or loss of marineradio communications, the bridge shall

not be operated from the remote

location. In these situations, a

bridgetender must be called to operate

the bridge on-site.

The Belt Line Bridge mid-channel

lights would change from green to red

any time the bridge is not in the full

open position. During the downward

span movement, a warning alarm would

sound until the bridge is seated and

locked down.

When the rail traffic has cleared, the

controller would announce over

channel 13 that the draw is about to

return to its full open position. While

the draw is being raised, the alarm

would sound, and when the bridge is in

the fully open position, the bridge/train

controller would announce over marine

channel 13 that the Belt Line Bridge is

open for river traffic. The mid-channel

lights would turn from red to green.

Operational information will be

provided 24 hours a day on marine

channel 13 and via telephone (757) 543–

1996 or (757) 545–2941.

The Coast Guard proposes to revise 33

CFR 117.997 by redesignating

paragraphs (a) through (h) as paragraphs

(b) through (i) and adding a new

paragraph (a).

Regulatory Evaluation

This proposed 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

reached this conclusion based on the

fact that the proposed changes will not

prevent mariners from transiting the

bridge, but merely require mariners to

adhere to the proposed new operation

procedures during transits of the bridge.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the U.S. Coast Guard

must consider whether this proposed

rule, if adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ include small independently

owned and operated 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 this proposal to be

minimal, the Coast Guard certifies

under 5 U.S.C. 605(b) that this proposed

rule, if adopted, will not have a

significant economic 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.

3510–3520).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this proposed regulation will not raise

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 figure 2–1,

paragraph (32)(e) of Commandant

Instruction M16475.1C this proposed

rule is categorically excluded from

further environmental documentation

based on the fact that this is a

promulgation of an operating regulation

for a drawbridge. A Categorical

Exclusion Determination statement has

been prepared and placed in the

rulemaking docket.

List of Subject in 33 CFR Part 117

Bridges.

Regulations

In consideration of the foregoing, the

Coast Guard proposes to amend Part 117

of Title 33, Code of Federal Regulations,

to read 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 117.997 is amended by

redesignating paragraphs (a) through (h)

as paragraphs (b) through (i) and by

adding a new paragraph (a) to read as

follows:

§ 117.997 Atlantic Intracoastal Waterway,

South Branch of the Elizabeth River to the

Albermarle and Chesapeake Canal.

(a) The draw of the Belt Line Railroad

Bridge, mile 2.6, in Portsmouth and

Chesapeake will operate as follows:

(1) The bridge will be left in the open

position at all times and will only be

lowered for the passage of trains and to

perform periodic maintenance

authorized in accordance with subpart

A of this part.

(2) The bridge will be operated by the

controller at the Berkley Yard office.

(3) The controller will monitor

waterway traffic in the area of the bridge

and directly beneath the bridge with

closed circuit cameras mounted on top

of the bridge and with surface

navigational radar.

(4) When the bridge closes for any

reason, the controller will announce 30

minutes in advance, 15 minutes in

advance, and immediately preceeding

the actual lowering, over marine
Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 / Proposed Rules 29679

1The Access Board is an independent Federal

agency established by section 502 of the

Rehabilitation Act (29 U.S.C. 792) whose primary

mission is to promote accessibility for individuals

with disabilities. The Access Board consists of 25

members. Thirteen are appointed by the President

from among the public, a majority of who are

required to be individuals with disabilities. The

other twelve are heads of the following Federal

agencies or their designees whose positions are

Executive Level IV or above: The departments of

Health and Human Services, Education,

Transportation, Housing and Urban Development,

Labor, Interior, Defense, Justice, Veterans Affairs,

and Commerce; General Services Administration;

and United States Postal Service.

channel 13, that the Belt Line Railroad

Bridge is closing for river traffic. In each

of these three announcements, the

bridge/train controller will request all

concerned river traffic to please

acknowledge on marine channel 13.

(5) The bridge shall only be operated

from the remote site if closed circuit

visual and radar information shows

there are no vessels in the area and no

opposing radio communications have

been received.

(6) While the Belt Line Bridge is

moving from the full open position to

the full closed position, the bridge/train

controller will maintain constant

surveillance of the navigational channel

to ensure no conflict with maritime

traffic exists. In the event of failure of

a camera or the radar system, or loss of

marine-radio communications, the

bridge shall not be operated by the offsite bridge/train controller from the

remote location.

(7) If the off-site bridge/train

controller’s visibility of the navigational

channel is less than 3⁄4 of a mile, the

bridge shall not be operated from the

remote location.

(8) When the draw cannot be operated

form the remote site, a bridgetender

must be called to operate the bridge in

the traditional on-site manner.

(9) The Belt Line mid-channel lights

will change from green to red anytime

the bridge is not in the full open

position.

(10) During the downward and

upward span movement, a warning

alarm will sound until the bridge is

seated and locked down or in the full

open position.

(11) When the bridge has returned to

its full up position, the mid-channel

light will turn from red to green, and the

controller will announce over marine

radio channel 13, ‘‘Security, security,

security, the Belt Line bridge is open for

river traffic.’’ Operational information

will be provided 24 hours a day on

marine channel 13 and via telephone

(757) 543–1996 or (757) 545–2941.

* * * * *

Dated: May 20, 1998.

Roger T. Rufe, Jr.,

Vice Admiral, U.S. Coast Guard Commander,

Fifth Coast Guard District.

[FR Doc. 98–14394 Filed 5–29–98; 8:45 am]

BILLING CODE 4910–15–M

ARCHITECTURAL AND

TRANSPORTATION BARRIERS

COMPLIANCE BOARD

36 CFR Chapter XI

[Docket No. 98–4]

Petition for Rulemaking; Request for

Information on Acoustics

AGENCY: Architectural and

Transportation Barriers Compliance

Board.

ACTION: Request for information.

SUMMARY: The Architectural and

Transportation Barriers Compliance

Board has received a petition for

rulemaking from a parent of a child with

a hearing loss requesting that the ADA

Accessibility Guidelines be amended to

include new provisions for acoustical

accessibility in schools for children who

are hard of hearing. Several acoustics

professionals, parents of children with

hearing impairments, individuals who

are hard of hearing, and a consortium of

organizations representing them have

also urged the Board to consider

research and rulemaking on the

acoustical performance of buildings and

facilities, in particular school

classrooms and related student

facilities. The Board seeks comment on

the issues outlined in this request for

information. After evaluating responses

to this request for information, the

Board will determine a course of action.

Alternatives under consideration

include research, rulemaking, and

technical assistance on acoustical

issues.

DATES: Comments should be received by

July 31, 1998. Late comments will be

considered to the extent practicable.

ADDRESSES: Comments should be sent to

the Office of Technical and Information

Services, Architectural and

Transportation Barriers Compliance

Board, 1331 F Street NW., suite 1000,

Washington, DC 20004–1111. E-mail

comments should be sent to

acoustic@access-board.gov. Comments

sent by e-mail will be considered only

if they include the full name and

address of the sender in the text. The

petition and comments are available for

inspection at the above address from

9:00 a.m. to 5:00 p.m. on regular

business days.

FOR FURTHER INFORMATION CONTACT: Lois

Thibault, Office of Technical and

Information Services, Architectural and

Transportation Barriers Compliance

Board, 1331 F Street NW., suite 1000,

Washington, DC 20004–1111.

Telephone number (202) 272–5434

extension 32 (voice); (202) 272–5449

(TTY). These are not toll-free numbers.

Electronic mail address:

thibault@access-board.gov.

SUPPLEMENTARY INFORMATION:

Availability of Copies and Electronic

Access

Single copies of this publication may

be obtained at no cost by calling the

Access Board’s automated publications

order line (202) 272–5434, by pressing

1 on the telephone keypad, then 1 again,

and requesting publication C–11.

Persons using a TTY should call (202)

272–5449. Please record a name,

address, telephone number and request

publication C–11. This document is

available in alternate formats upon

request. Persons who want a copy in an

alternate format should specify the type

of format (cassette tape, Braille, large

print, or computer disk). The petition

and this request for information are also

posted on the Board’s Internet site at

http://www.access-board.gov/rules/

acoustic.htm.

Background

The Architectural and Transportation

Barriers Compliance Board 1 (Access

Board) is responsible for developing

accessibility guidelines under the

Americans with Disabilities Act of 1990

(ADA) to ensure that new construction

and alterations of facilities covered by

the law are readily accessible to and

usable by individuals with disabilities.

The Access Board initially issued the

Americans with Disabilities Act

Accessibility Guidelines (ADAAG) in

1991. The guidelines contain scoping

provisions and technical specifications

for designing elements and spaces that

typically comprise a building and its

site so that individuals with disabilities

will have ready access to and use of a

facility.

Although ADAAG contains a number

of provisions for access to

communications, including

requirements for text telephones,

assistive listening systems, and visible

alarms, it does not include provisions

for the acoustical design or performance

of spaces within buildings and facilities.