Drawbridge Operation Regulation; Illinois River, IL

DEPARTMENT OF TRANSPORTATION

33 CFR Part 117

[CGD02 93-036]

RIN 2115-AE47

Drawbridge Operation Regulation; Illinois River, IL

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing operation conditions for the

remote operation of the Chicago and Northwestern Transportation Company

railway bridge at Pekin, Illinois. This action is being taken at the

request of the Chicago and Northwestern Transportation Company of

Chicago, Illinois. The change to remote operation will permit more

efficient operation of the railway bridge, and still provide for the

reasonable needs of navigation.

EFFECTIVE DATES: This interim rule is effective on August 1, 1994.

Comments must be received on or before October 1, 1994.

ADDRESSES: Comments may be mailed to Commander (ob), Second Coast Guard

District, 1222 Spruce Street, St. Louis, MO 63103-2832, Attention:

Docket CGD02 93-036. Comments may also be delivered to room 2.107B 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.

FOR FURTHER INFORMATION CONTACT:

Roger K. Wiebusch, Bridge Administrator, Second Coast Guard District,

(314) 539-3724.

SUPPLEMENTARY INFORMATION:

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 until October 1, 1994, on the

operation of the new system during the initial implementation of this

rule. The Coast Guard will consider all comments received during the

comment period.

Drafting Information

The principal persons involved in drafting this document are Wanda

G. Renshaw, Project Officer, Bridge Branch, and Lieutenant Commander

Arne O. Denny, Project Attorney, Second Coast Guard District Legal

Office.

Publication History

On January 7, 1994, the Coast Guard published a proposed rule (59

FR 986) concerning this amendment. The Commander, Second Coast Guard

District, also published the proposal as a Public Notice dated January

14, 1994. Interested parties were given until February 22, 1994, to

submit comments. The Coast Guard received seven comments on the

proposal. A public meeting was requested and hosted by the Chairman of

the Tazewell County Board in Pekin, Illinois, on March 14, 1994.

Background and Purpose

The Chicago and Northwestern (C&NW) bridge at Pekin Illinois Bridge

is presently maintained in the open position and is closed by an on-

site bridge tender upon the approach of a train. C&NW will install

remote operating equipment and a control system, including radar,

infrared boat detector, high intensity lights and communications

equipment that will permit operation of the draw from the Chicago and

Northwestern office in Chicago, Illinois. Equipment will indicate any

malfunction in the bridge operation and enable the remote operator to

ascertain the position of the lift span at any time. The marine radio

system will receive and transmit on the VHF marine frequencies

authorized by the Federal Communications Commission. Additionally,

portable radiotelephone equipment will be provided to permit direct

communications with vessels when the bridge is operated at the bridge

site. A radar antenna will be installed on the fixed portion of the

bridge structure, and the received signal will be transmitted by fixed

lines and a microwave link to the Chicago and Northwestern office in

Chicago. The radar system is designed to scan upstream and downstream

of the bridge. Infrared scanners will be located on the upstream and

downstream ends of the channel span piers to detect vessels in the

channel span. If an obstruction is detected beneath the lift span

during the closing cycle before the span is seated and locked, the lift

span will be automatically stopped and immediately raised to the fully

open position until the channel is clear. During the bridge closing

cycle, an automatic, synthesized voice announcement will be broadcast.

At the appropriate times in the closing cycle, the broadcast will

announce that the bridge will close to navigation, that the bridge is

closed to navigation, or that the bridge has reopened to navigation.

Discussion of Comments and Changes

Seven comments were received in response to the Public Notice. One

comment addressed the dangerous location of the bridge, the distraction

of high intensity lights, the inability to discern by radar between

various types of vessels, the additional duties assigned to the

remotely located operator, and the safe passage of vessels if the

bridge operator cannot maintain visual and radio contact. The bridge

owner questioned the comment's reference to the dangerous location of

the bridge and reasoned that the proposed procedure will be more

favorable to river traffic than the current operation. The bridge owner

reported that current bridge operators are assigned non-bridge related

clerical duties in addition to operating the bridge for the six to

eight daily trains. The radar to be installed on the bridge is similar

to the radar equipment used on vessels, and operators will be trained

in its use. In response to the question about back-up power, the bridge

is equipped with a standby generator that would power all systems,

including the bridge itself, in case of a failure of commercial power.

If the infrared detectors fail, it will be physically impossible to

remotely lower the bridge. Standard Department of Transportation

traffic warning lights will be used in lieu of high intensity lights.

The Illinois River Carriers Association commented that it does not

object to the proposal as described, but questioned if the bridge could

accidentally be lowered on or in front of a tow. They also recommended

that a trial period, monitored by the Coast Guard, be established for a

specified time.

The bridge owner has no objection to the trial period and advises

they expect the Coast Guard will evaluate the operation. C&NW has

reported the remote operator cannot ``accidentally'' initiate the

lowering sequence. A series of commands from a dispatcher control

console must be entered; all the remote operator can do is initiate the

sequence for lowering the bridge. The system would have to run through

the 10 minute advance warning cycle before the drawspan would begin to

lower. If the infrared beam is broken, the lowering is automatically

aborted, and the span returns to the fully open position. The entire

lowering sequence, including the warning cycle, must be repeated before

span will again lower.

Divisions of the Brotherhood of Locomotive Engineers in South

Pekin, Illinois, and Chicago, Illinois, commented that an on-site

bridge operator is needed to report collisions from barges to

maintenance personnel, and that withdrawal of bridge operators would

result in reduced maintenance and possible operation problems.

The Coast Guard has established a program requiring vessel

operators to report any contact with bridge structures. These incidents

are reported to the bridge owner for investigation to determine the

structural safety of the bridge. C&NW has responded that equipment

would enable the remote operator to detect any malfunction in the

operation of the lift span, resulting in maintenance personnel being

dispatched to the bridge site. If equipment at the bridge site were

vandalized, the bridge would not lower.

Submittals from the United Transportation Union, the Transportation

Communications International Union and divisions of the Brotherhood of

Locomotive Engineers in South Pekin, Illinois and Chicago, Illinois,

commented on railroad operations and personnel issues, which are not

within the scope of this regulation or the Coast Guard's jurisdiction.

The Chairman of the Tazewell County Board expressed the Board's

concerns for the safety of the operation if bridge is operated from a

remote location, and the loss of four jobs and the impact on the

involved families. A public meeting hosted by the Tazewell County Board

was held on March 14, 1994; representatives of Chicago and Northwestern

Railroad answered questions and addressed concerns about the

navigational and structural safety of the bridge, and railroad

operations and personnel issues.

The original proposal provided for installation of equipment that

would permit operation of the span by authorized railroad personnel at

either portal of the bridge. C&NW has decided to omit the ``portal''

controls, since, should it be necessary to lower the span at the bridge

site, the span could be operated from the bridge house on top of the

span, or from the signal bungalow south of the bridge. If the span is

operated from either bridge site location, the span would not be

lowered until the 10-minute warning period, including voice

announcements, had been completed, and the local operator had

confirmed, either visually or by radiotelephone, that no boats were

under or approaching the bridge.

Based on the owner's response to comments on the remote operation

of this bridge, the Coast Guard is publishing the requirements as

proposed.

Regulatory Evaluation

This regulation 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 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 proposal to be

so minimal that a full Regulatory Evaluation under paragraph 10(e) of

the regulatory policies and procedures of DOT is unnecessary because a

sample group of Illinois River users have expressed no objection to the

proposal.

Small Entities

After considering the submitted comments, the Coast Guard finds

that any impact on small entities, if any, is not substantial.

Therefore, the Coast Guard certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary

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 Assessment

The Coast Guard has analyzed this rule under the principles and

criteria contained in Executive Order 12612 and has determined that it

does not raise 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 this rule is categorically excluded

from further environmental documentation because promulgation of

changes to drawbridge regulations have been found to not have a

significant effect on the human environment. A Categorical Exclusion

Determination is available in the docket.

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 Sec. 117.393 paragraphs (a), (b), (c), (d), and (e) are

redesignated as (a)(1) through (a)(5), respectively, the introductory

paragraph of Sec. 117.393 is redesignated as the introductory text of

paragraph (a) and a new paragraph (b) is added to read as follows:

Sec. 117.393 Illinois river.

(a) * * *

(b) The draw of the Chicago and Northwestern railroad bridge, Mile

151.2, at Pekin, Illinois, is operated by a remote operator located at

the Chicago and Northwestern offices in Chicago, Illinois, as follows:

(1) The draw is normally maintained in the fully open position,

displaying green mid-channel lights to indicate that the span is fully

open.

(2) The draw is equipped with the following:

(i) A radiotelephone link direct to the remote operator;

(ii) A horn for sound signals;

(iii) Eight high intensity amber warning lights, oriented upstream

and downstream, with two secured to the uppermost chord and two secured

to the lowermost chord of the drawspan;

(iv) A radar antenna on the lower portion of the drawspan capable

of scanning one mile upstream and one mile downstream; and

(v) Infrared scanners located on the upstream and downstream ends

of the channel span piers, to detect vessels or other obstructions

under the bridge.

(3) The remote operator shall maintain a radiotelephone watch for

mariners to establish contact as they approach the bridge to ensure

that the draw is open or that it remains open until passage is

complete.

(4) When a train approaches the bridge and the draw is in the open

position, the remote operator initiates a ten minute warning period

before closing the bridge. During this warning period, the amber lights

begin flashing and a signal of four short blasts sounds on a horn. The

four-blast signal will repeat after a five second interval. A

synthesized-voice message is broadcast over the radiotelephone as

follows: ``The Chicago and Northwestern railroad bridge at Mile 151.2,

Illinois River, will close to navigation in ten minutes.'' The

announcement is repeated every two minutes, counting down the time

remaining until closure.

(5) At the end of the ten minute warning period, the remote bridge

operator scans under the bridge using infrared detectors and the

upstream and downstream approaches to the bridge using radar to

determine whether any vessels are under or are approaching the bridge.

If any vessels are under or are approaching the bridge within one mile

as determined by infrared or radar scanning or by a radiotelephone

response, the remote operator shall not close the bridge until the

vessel or vessels have cleared the bridge.

(6) If no vessels are under or approaching the bridge, the mid-

channel navigation lights will change from green to red, the horn

signal of four short blasts will sound, twice, and the radiotelephone

message will change to: ``The Chicago and Northwestern Railroad Bridge

at Mile 151.2, Illinois River, is closed to navigation.'' The message

will repeat every two minutes and the amber lights will continue to

flash until the bridge is fully reopened.

(7) If the infrared scanners detect a vessel or other obstruction

under the bridge before the drawspan is fully lowered and locked, the

closing sequence is stopped, automatically, and the drawspan is raised

to its fully open position until the channel is clear. When obstruction

has cleared the navigation span, the remote operator confirms that the

channel is clear, and reinitiates the ten-minute warning cycle.

(8) After the train has cleared the bridge, the remote operator

initiates the lift span raising cycle. When the draw is raised to its

full height and locked in place, the flashing lights stop and the mid-

channel navigation lights change from red to green. The synthesized

voice announcement broadcasts at two minute intervals for ten minutes

that the bridge is reopened to navigation.

Dated: June 14, 1994.

Frank M. Chliszczyk,

Captain, U.S. Coast Guard, Acting Commander, Second Coast Guard

District.

[FR Doc. 94-15955 Filed 6-29-94; 8:45 am]

BILLING CODE 4910-14-M