26686 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

(g) This amendment becomes effective on

May 23, 1995.

Issued in Renton, Washington, on May 10,

1995.

James V. Devany,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–11974 Filed 5–17–95; 8:45 am]

BILLING CODE 4910–13–U

Coast Guard

33 CFR Part 117

[CGD02–95–001]

RIN 2115–AE47

Drawbridge Operation Regulation;

Illinois Waterway

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 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:

§ 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]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP St. Louis 95–002]

RIN 2115–AA97

Safety Zone; Upper Mississippi River,

mile 179.0 to 184.0

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the Upper

Mississippi River between mile 179.0

and 184.0. This regulation is needed to

protect vessels from the hazards

associated with operating in high water

conditions. This regulation will restrict

general navigation in the regulated area