[Federal Register Volume 60, Number 15 (Tuesday, January 24, 1995)]
[Rules and Regulations]
[Pages 4560-4561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1628]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-94-029]
RIN 2115-AE47
Drawbridge Operation Regulations; Superior Oil Canal, LA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the Louisiana Department of Transportation
and Development (LDOTD), the Coast Guard is changing the regulation
governing the operation of the swing span bridge on State Route 82,
across Superior Oil Canal, mile 6.3, between Grand Chenier and Pecan
Island, Cameron Parish, Louisiana, by permitting the draw to remain
closed to navigation unless 8 hours, notice is given for an opening of
the draw. Presently, the draw is required to open on signal from 6 a.m.
to 6 p.m. and from 6 p.m. to 6 a.m. the bridge opens on 4 hours,
notice. This action will provide relief to the bridge owner, thereby
creating a savings to the taxpayer, and still provide for the
reasonable needs of navigation.
EFFECTIVE DATE: This regulation becomes effective on February 23, 1995.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the office of the
Commander (ob), Eighth Coast Guard District, 501 Magazine Street, Room
1313, New Orleans, Louisiana 70130-3396, between 8 a.m. and 3 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
(504) 589-6951.
FOR FURTHER INFORMATION CONTACT:
John Wachter, Bridge Administration Manager, (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are Mr. John Wachter, project
officer, and LT Elisa Holland, project attorney.
Regulatory History
On October 4, 1994, the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulation; Superior Oil
Canal, LA, in the Federal Register (59 FR 50530). The Coast Guard
received three letters commenting on the proposal. No public hearing
was requested, and none was held.
Background and Purpose
LDOTD requested the 8 hours, notice for an opening of the draw
versus on-signal opening between 6 a.m. and 6 p.m. and 4 hours, notice
from 6 p.m. to 6 a.m. because of a decline in vessel traffic that
passes the Superior Oil Canal bridge. This rule will eliminate the
requirement of having a person on duty from 6 a.m. to 6 p.m. at the
bridge site, creating a savings to the taxpayer while still serving the
reasonable needs of navigational interests.
Discussion of Comments and Changes
Three letters of comment were received in response to Public Notice
CGD08-94-029 issued on October 14, 1994. The Federal Emergency
Management Agency, the National Marine Fisheries Service and the
Louisiana Department of Wildlife & Fisheries offered no objection to
the rule change. Therefore, the Final Rule remains unchanged from the
Proposed Rule.
Assessment
This regulation is not a significant regulatory action under
Section 3(f) of Executive Order 12866 and does not require an
assessment of potential cost and benefits under Section 6a(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).
Small Entities
The economic impact has been found to be so minimal that a full
regulatory evaluation is unnecessary. The basis for this conclusion is
the number of vessels which pass the bridge, (1.9 per 24 hour period).
The three comments received offered no objection to the proposed rule.
Therefore, the Coast Guard certifies under section 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
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that the final rulemaking does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Environment
This rulemaking has been thoroughly reviewed by the Coast Guard and
it has been determined to be categorically excluded from further
environmental documentation in accordance with section 2.B.2.g.5 of
Commandant Instruction M16475.1B. A Categorical Exclusion Determination
statement has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
In consideration of the foregoing, Part 117 of Title 33, Code of
Federal Regulations, is amended as follows: [[Page 4561]]
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).
2. Section 117.495 is revised to read as follows:
Sec. 117.495 Superior Oil Canal.
The draw of the S82 bridge, mile 6.3, in Cameron Parish shall open
on signal if at least 8 hours notice is given. Public vessels of the
United States and vessels in distress shall be passed as soon as
possible.
Dated: January 4, 1995.
R.C. North,
Rear Admiral, U.S. Coast Guard Commander, Eighth Coast Guard District.
[FR Doc. 95-1628 Filed 1-23-95; 8:45 am]
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