[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Rules and Regulations]
[Pages 26686-26687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12281]



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DEPARTMENT OF TRANSPORTATION
Coast Guard

33 CFR Part 117

[CGD02-95-001]
RIN 2115-AE47


Drawbridge Operation Regulation; Illinois Waterway

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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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 
[[Page 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:


Sec. 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]
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