Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10315

Berwick Locks Buoy 1 (LLNR

18445).

The Contraband Days Fireworks

Display, Lake Charles, Louisiana

Sponsor: Contraband Days Festivities,

Inc.

Date: First Saturday of May

Duration: 9 p.m. through 12 a.m.

(midnight)

Location: A 500 foot radius from the

fireworks barge in Lake Charles

anchored in approximate position

30°13′54′′ N, 093°13′42′′ W.

Neches River Festival, Beaumont, Texas

Sponsor: Neches River Festival, Inc.

Date: Third weekend of April

Duration: First day—8 a.m. through

9:30 p.m.; Second day—8 a.m.

through 6 p.m.

Location: The Neches River from

Colliers Ferry landing to Lawson’s

Crossing at the end of Pine Street.

The Blessing of the Shrimp Fleet,

Galveston, Texas

Sponsor: Blessing of the Fleet, City of

Galveston, Texas

Date: Fourth Saturday of April

Duration: 9:30 a.m. through 5:30 p.m.

Location: The Galveston Ship

Channel from the Pelican Island

Bridge to Pier 14 at Galveston,

Texas.

Dated: January 24, 1995.

Robert C. North,

Rear Admiral, U.S. Coast Guard Commander,

Eighth Coast Guard District.

[FR Doc. 95–4411 Filed 2–23–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 117

[CGD02–95–001]

RIN 2115–AE47

Drawbridge Operation Regulation;

Illinois Waterway

AGENCY: Coast Guard, DOT.

ACTION: Interim rule with request for

comments.

SUMMARY: The Coast Guard is

establishing operating conditions for the

remote operation of the Elgin, Joliet and

Eastern Railway (EJ&E) Bridge over the

Illinois Waterway at mile 290.1 at Joliet,

Illinois. This action is being taken at the

request of the Elgin, Joliet and Eastern

Railway Company. The change to

remote operation will permit more

efficient operation of the railway bridge,

while continuing to provide for the

reasonable needs of navigation.

EFFECTIVE DATES: This interim rule is

effective on February 24, 1995.

Comments must be received on or

before April 25, 1995.

ADDRESSES: Comments may be mailed to

Commander (ob), Second Coast Guard

District, 1222 Spruce Street, St. Louis,

MO 63103–2832, Attention: Bridge

Administrator. Comments may also be

delivered to Room 2.107 at the above

address between 8 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. For information concerning

comments, the telephone number is

(314) 539–3724. The Bridge Branch,

Second Coast Guard District, maintains

the public docket for this rulemaking.

Comments will become part of the

public docket and the docket will be

available for inspection or copying in

room 2.107B at the above address.

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.

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. The Coast Guard is

soliciting comments on the operation of

the new system until April 25, 1995.

The Coast Guard will consider all

comments received during the comment

period.

Publication 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.

Background and Purpose

The EJ&E Railway has requested

permission from the Coast Guard to

change the operation of the EJ&E Bridge

over the Illinois waterway at mile 290.1

at Joliet, Illinois from having a manned

on-site bridge tender to a remote

operating system. This regulation

change establishes the remote operating

system and the required equipment.

Under the previous regulation, the

drawspan was maintained in the closed

to navigation position and manned by

an on site bridge tender, opening on

demand for the passage of river traffic.

Communication between the bridge

tender and vessel operators was

conducted via marine radio.

EJ&E has installed remote operating

equipment and a control system,

including radar, infrared boat detectors,

motion detectors and communications

equipment. This equipment will

facilitate operation of the drawspan

from Gary, Indiana. The drawspan can

also be operated at the bridge site.

Under this regulation, the drawspan

will be maintained in the open to

navigation position except for the

passage of rail traffic or maintenance.

The equipment can detect any

malfunction in the drawspan operation.

In the event of a malfunction the remote

operator can 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. The

radar system is designed to scan

upstream and downstream of the bridge.

A radar antenna has been installed on

the bridge.

The received radar signal is

transmitted by fixed lines to the remote

operator. 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.

Discussion of Comments and Changes

In response to the Notice of Proposed

Rule Making, two comments were

received. Both the Illinois Department

of Conservation and the Illinois River

Carriers Association (IRCA) expressed

no objection, though the IRCA

expressed two concerns. The first

concern of the IRCA was whether the

drawspan will be operated exactly as

proposed; and second, whether or not

the drawspan could accidentally be
10316 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

lowered on or in front of a tow. The

IRCA also recommended

implementation of a trial period

monitored by the Coast Guard to ensure

safe operation and quick return of the

on site bridge tender if needed.

The bridge owner has no objection to

the trial period and expects Coast Guard

evaluation of the operation. EJ&E has

reported the remote operator cannot

‘‘accidentally’’ lower the drawspan. A

series of commands from a dispatcher

control console must be initiated to

lower the drawspan. Radar at the bridge

allows the remote operator to view the

river and radio broadcast requirements

provide communication with river

traffic. Interruption of the boat detectors

will result in halting of the drawspan

lowering sequence. If this occurs, the

drawspan will return to the full open to

navigation position until the obstruction

is clear.

Based on the owner’s response to

comments on the remote operation of

this bridge, the Coast Guard is amending

the proposed operating requirements.

Paragraphs 8 and 9 were added for

additional safety measures. Paragraph 8

adds a requirement that the remote

operator broadcast on the marine radio

when the span is closed to navigation.

Paragraph 9 adds a condition that a

malfunction of any portion of the

remote operating system will require

immediate return of a qualified bridge

tender to the bridge for on-site operation

until repairs are completed.

Good cause exists for making this rule

effective on publication. The old

regulation required that the bridge be

constantly manned to allow for the

opening of the draw on demand. This

new 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.

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

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 Assessment

The Coast Guard has reviewed the

environmental impact of this rule and

concluded that under section 2.B.2 of

the NEPA Implementing Procedures,

COMDTINST M16475.1B (as revised by

59 FR 38654, July 29, 1994) this

proposal is categorically excluded from

further environmental documentation

because promulgation of changes to

drawbridge regulations have been found

to not have significant effect on the

human environment. A Categorical

Exclusion Determination is available for

inspection or copying where indicated

under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

For the reasons set out in the

preamble, the Coast Guard is amending

Part 117 of title 33, Code of Federal

Regulations, as follows:

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).

2. In Section 117.395 the existing text

is designated as paragraph (a) and

paragraph (b) is added to read as

follows:

§ 117.395 Illinois Waterway.

(a) * * *

(b) The drawspan of the Elgin, Joliet

and Eastern Railway bridge, mile 290.1

at Joliet, 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

channel 16 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, channel 16, 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 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 operator’s

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.
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10317

(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

broadcasts, at least twice, via marine

radio channel 16, 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 broadcast, at least twice, via

marine radio channel 16, 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: January 23, 1995.

Paul M. Blayney,

Rear Admiral, U.S. Coast Guard Commander,

Second Coast Guard District.

[FR Doc. 95–4408 Filed 2–23–95; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 242

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 100

RIN 1018–AB43

Subsistence Management Regulations

for Public Lands in Alaska, Subparts C

& D; Board Determinations and

Subsistence Taking of Fish and

Wildlife Regulations; Correcting

Amendments

AGENCY: Forest Service, USDA; Fish and

Wildlife Service, Interior.

ACTION: Correcting amendments.

SUMMARY: These corrections amend the

Subsistence Management Regulations

for Public Lands in Alaska, published in

the Federal Register on May 29, 1992,

and June 3, 1994, implementing the

subsistence priority for rural residents

of Alaska under Title VIII of the Alaska

National Interest Lands Conservation

Act (ANILCA) of 1980. These

corrections will allow rural Alaska

residents to continue to harvest fish and

wildlife resources on Federal public

lands.

EFFECTIVE DATE: Effective July 1, 1994.

FOR FURTHER INFORMATION CONTACT:

Richard S. Pospahala, Office of

Subsistence Management, U.S. Fish and

Wildlife Service, 1011 E. Tudor Road,

Anchorage, Alaska 99503; telephone

(907) 786–3447. For questions specific

to National Forest System lands, contact

Norman Howse, Assistant Director,

Subsistence, USDA—Forest Service,

Alaska Region, P.O. Box 21628, Juneau,

Alaska 99802; telephone (907) 586–

8890.

SUPPLEMENTARY INFORMATION:

Background

Title VIII of the Alaska National

Interest Lands Conservation Act

(ANILCA) (16 U.S.C. 3111–3126)

requires that the Secretary of the Interior

and the Secretary of Agriculture

(Secretaries) implement a joint program

to grant a preference for subsistence

uses of fish and wildlife resources on

public lands, unless the State of Alaska

enacts and implements laws of general

applicability which are consistent with

ANILCA, and which provide for the

subsistence definition, preference, and

participation specified in Sections 803,

804, and 805 of ANILCA. The State

implemented a program that the

Department of the Interior previously

found to be consistent with ANILCA.

However, in December 1989, the Alaska

Supreme Court ruled in McDowell v.

State of Alaska that the rural preference

in the State subsistence statute violated

the Alaska Constitution. The court’s

ruling in McDowell required the State to

delete the rural preference from the

subsistence statute, and therefore,

negated State compliance with ANILCA.

The Court stayed the effect of the

decision until July 1, 1990.

As a result of the McDowell decision,

the Department of the Interior and the

Department of Agriculture

(Departments) assumed, on July 1, 1990,

responsibility for implementation of

Title VIII of ANILCA on public lands.

On June 29, 1990, the Temporary

Subsistence Management Regulations

for Public Lands in Alaska were

published in the Federal Register (55

FR 27114–27170). Consistent with

Subparts A, B, and C of these

regulations, a Federal Subsistence Board

(Board) was established to administer

the Federal Subsistence Management

Program. The Board’s composition

includes a Chair appointed by the

Secretary of the Interior with

concurrence of the Secretary of

Agriculture; the Alaska Regional

Director, U.S. Fish and Wildlife Service;

the Alaska Regional Director, U.S.

National Park Service; the Alaska State

Director, U.S. Bureau of Land

Management; the Alaska Area Director,

U.S. Bureau of Indian Affairs; and the

Alaska Regional Forester, USDA Forest

Service. Through the Board, these

agencies have participated in

development of regulations for Subparts

A, B, and C, and the annual Subpart D

regulations. All Board members have

reviewed these corrections and agree

with their substance. Because Subparts

C and D relate to public lands managed

by an agency or agencies in both the

Departments of Agriculture and the

Interior, identical correcting text will be

incorporated into 36 CFR Part 242 and

50 CFR Part 100.

Final Subpart C regulations were

published on June 29, 1992, in the

Federal Register (57 FR 22957–22964)

and were amended on May 27, 1994 (59

FR 27462). Proposed Subpart D

regulations for the 1994–1995 seasons

and bag limits, and methods and means

were published on September 2, 1993,

in the Federal Register (58 FR 46678–

46706). A 60-day comment period

providing for public review of the

proposed Subpart D rule was advertised

by mail, radio, and newspaper.

Subsequent to that 60-day review

period, the Board prepared a booklet

describing all proposals for change to