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[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Pages 10315-10317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4408]

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DEPARTMENT OF TRANSPORTATION
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.

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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 
[[Page 10316]] 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. Sec. 499; 49 CFR Sec. 1.46; 33 CFR 
Sec. 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:

Sec. 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. [[Page 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
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