[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Rules and Regulations]
[Pages 7121-7122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2995]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD02-94-016]
RIN 2115-AE47
Drawbridge Operation Regulation; Red River, AR
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is separating the regulations governing
drawbridges on the Red River into two sections, one for Louisiana and
one for Arkansas. Currently, the entire length of the Red River in both
Arkansas and Louisiana in regulated in one CFR Section. The completion
of U.S. Army Corps of Engineer projects at locks and dams 4 and 5 in
December 1994 is expected to result in an increase of commercial
traffic on the Red River in Louisiana, necessitating a change in
drawbridge openings only for the portion of the river flowing in
Louisiana. This amendment allows the drawbridge on the Red River in
Louisiana and Arkansas to be regulated under separate CFR sections but
makes no substantive changes to the regulations for
[[Page 7122]] drawbridges over the Red River in Arkansas.
EFFECTIVE DATE: This rule is effective on February 7, 1995.
FOR FURTHER INFORMATION CONTACT:
Roger K. Wiebusch, Bridge Administrator, Second Coast Guard District,
(314) 539-3724.
SUPPLEMENTARY INFORMATION: This rulemaking is procedural in that it
changes the location in the CFR of existing regulations, but does not
substantively change the requirements of these regulations. Therefore,
under the provisions of 5 U.S.C. 553(b)(3), notice and an opportunity
to comment is not required and this rule may be made effective upon
publication.
Drafting Information
The principal persons involved in drafting this document are Roger
K. Wiebusch, Project Officer, Bridge Branch, and LT S. Moody, Project
Attorney, Second Coast Guard District Legal Office.
Discussion of Change
The Red River flows through both the states of Louisiana and
Arkansas. The drawbridges over the Red River in both states have been
regulated in one CFR section, Sec. 117.35, which was cross referenced
in Sec. 117.491. This rule, together with a separate rule revising
Sec. 117.491 (CGD08-94-026), concerning the drawbridges over the Red
River in Louisiana separates the regulation of the drawbridges over the
Red River by state.
As a result of the completion of locks and dams 4 and 5 in December
1994 by the U.S. Army Corps of Engineers, the Red River will open for
commercial navigation in late January 1995. The completion of these
projects is expected to cause an increase in the commercial vessel
traffic on the Louisiana section of the Red River. No changes in
traffic are anticipated on the Arkansas portion. However, the
anticipated increase in vessel traffic on the Louisiana portion of the
Red River has necessitated a change in drawbridge openings over the Red
River in Louisiana. The changes for bridges over the Red River in
Louisiana are published elsewhere in today's issue of the Federal
Register, docket number CGD08-94-26. Section 117.491 now regulates only
the drawbridges over the Red River in Louisiana. The rule revises
Sec. 117.135 to now regulate only those drawbridges over the Red River
in Arkansas. This final rule makes no substantive changes to the
operating requirements of the Arkansas drawbridges.
Regulatory Evaluation
This rule is not 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
The Coast Guard finds that the 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.
Environment
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 proposal 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 for inspection or copying 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 proposes
to amend 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); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.135 is revised to read as follows:
Sec. 117.125 Red River.
The draws of the bridges above Mile 276.0 at the Arkansas Louisiana
border, need not be open for the passage of vessels.
Dated: January 23, 1995.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Commander, Second Coast Guard District.
[FR Doc. 95-2995 Filed 2-6-95; 8:45 am]
BILLING CODE 4910-14-M
