[Federal Register Volume 61, Number 114 (Wednesday, June 12, 1996)]
[Rules and Regulations]
[Pages 29654-29655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14864]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD07-95-057]
RIN 2115-AE47
Drawbridge Operation Regulations; Atlantic Intracoastal Waterway,
FL
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is changing the regulations governing the
operation of the NASA Railroad bridge, mile 876.6, at Kennedy Space
Center, by removing the authorization for automatic operation and
returning the draw to manual operation. This action will accommodate
the needs of railroad traffic and still provide for the reasonable
needs of navigation.
EFFECTIVE DATE: July 29, 1996.
ADDRESSES: Documents are available for inspection or copying at U.S.
Coast Guard Seventh District, Office of Aids to Navigation, 909 S.E.
1st Avenue, Miami, Florida 33131 between 8 a.m. and 4 p.m. EDT, Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mr. Walt Paskowsky, Project Manager, Bridge Section, (305) 536-4103.
SUPPLEMENTARY INFORMATION:
Regulatory History
On February 22, 1996, the Coast Guard published a notice of
proposed rulemaking entitled Drawbridge Operation Regulations, Atlantic
Intracoastal Waterway, FL in the Federal Register (61 FR 6803). The
comment period ended on April 22, 1996. The Coast Guard received no
comments on the proposal. A public hearing was not requested and one
was not held.
Background and Purpose
The draw of the NASA railroad bridge, mile 876.6 at Kennedy Space
Center was placed in automatic remote controlled operation by the
Florida East Coast Railroad when it was put into service in February
1964. Under remote
[[Page 29655]]
operation the span is normally in the open position displaying flashing
green signals to allow the movement of water traffic. When a train
approaches the bridge the lights go to flashing red, a horn sounds 4
blasts, pauses, then repeats 4 blasts. After an 8 minute delay, the
draw lowers and locks, providing scanning equipment reveals nothing
under the span. The draw remains down for a period of 8 minutes or
while the approach track circuit is occupied. After the train clears,
the draw opens and the lights return to flashing green.
The automatic remote control method was discontinued in 1984 when
ownership of the bridge was transferred from the Florida East Coast
Railroad to the Kennedy Space Center (NASA). The purpose of this change
is to describe in the regulation how the bridge is actually being
operated.
Discussion of Comments and Changes
No comments were received on the proposed rule. The final rule is
therefore unchanged from the proposed rule published on February 22,
1996.
Regulatory Evaluation
This rule 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 not been reviewed 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
action to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' may include small businesses and not for profit
organizations that are independently owned and operated and are not
dominant in their field and governmental jurisdictions with populations
of less than 50,000. Because it expects the impact of the action to be
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) that this
final 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 the rule under the principles and
criteria contained in Executive Order 12612, and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that under section 2.B.2.e.(32) of Commandant Instruction
M16475.1B, promulgation of operating requirements or procedures for
drawbridges is categorically excluded from further environmental
documentation. A ``Categorical Exclusion Determination'' is available
in the docket where listed under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Final Regulation
For the reasons set out in the preamble, the Coast Guard amends 33
CFR Part 117 as follows:
PART 117-- [AMENDED]
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 117.261 is amended by revising paragraph (j) to read as
follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Mary's River to
Key Largo
* * * * *
(j) NASA Railroad bridge, mile 876.6 at Kennedy Space Center.
(1) The draw is not constantly tended.
(2) The draw is normally in the fully open position displaying
flashing green lights to indicate that vessels may pass.
(3) When a train approaches the bridge, it stops and the operator
initiates a command to lower the bridge. The lights go to flashing red
and the draw lowers and locks, providing scanning equipment reveals
nothing under the draw. The draw remains down until a manual raise
command is initiated, or will raise automatically 5 minutes after the
intermediate track circuit is no longer occupied by a rail car.
(4) After the train has cleared, the draw opens and the lights
return to flashing green.
* * * * *
Dated: May 21, 1996.
Roger T. Rufe, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 96-14864 Filed 6-11-96; 8:45 am]
BILLING CODE 4910-14-M
