[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Rules and Regulations]
[Pages 7122-7123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2996]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD08-94-026]
RIN 2115-AE47
Drawbridge Operation Regulation; Red River, LA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: With the completion of locks and dams 4 and 5 in December 1994
by the U.S. Army Corps of Engineers, the Red River will be open for
commercial navigation in late January 1995. At present, all bridges up
to mile 177.9 must open on signal with at least 48-hours advance
notice. The continuation of such a rule would severely restrict the
movement of prospective commercial navigation on the waterway and would
create a burden on the bridge owners. This final rule changes the
regulation governing the operation of six drawbridges across the Red
River located between mile 59.5 and mile 105.8. Bridges located between
mile 105.8 and mile 234.4 will remain on 48-hours advance notice.
Bridges located above mile 234.4 need not be opened for the passage of
vessels. This rule will accommodate the needs of vehicular traffic and
still provide for the reasonable needs of navigation.
EFFECTIVE DATE: February 7, 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, New
Orleans, Louisiana 70130-3396, between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays. The telephone number is (504)
589-2965.
FOR FURTHER INFORMATION CONTACT: Mr. John Wachter, Bridge
Administration [[Page 7123]] Branch, at the address given above,
telephone (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 November 8, 1994, the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulation; Red River, LA in
the Federal Register (59 FR 55599). The Coast Guard received two
letters commenting favorably on the proposal. No public hearing was
requested, and none was held. This final rule is being made effective
on the date of publication. The Red River will be open to commercial
navigation in late January 1995. Maintaining the present regulation for
thirty days after publication of the final rule in the Federal Register
will be a burden on commercial navigation and the bridge owners. There
were no comments objecting to the change in the regulation from 48-
hours to 8-hours notice. For these reasons, the Coast Guard for good
cause finds, under 5 U.S.C. 553(b)(B) and (d)(3), that delaying the
effective date of this rule is contrary to the public interest and that
this rule should be made effective in less than 30 days after
publication.
Background and Purpose
With the completion of locks and dams 4 and 5 in December 1994, by
the U.S. Army Corps of Engineers, the Red River will be open for
commercial navigation in late January 1995. As a result of that
project, the mileage of the Red River has changed. All mileages
referred to in this regulation are post-project mileages. The entire
stretch of the Red River flowing through Louisiana is presently
regulated by Section 117.135, which is cross referenced in
Sec. 117.491. The Red River in Louisiana will now be governed by
Sec. 117.491. Section 117.135 is being revised by a separate rule
(CGD02-94-016, published elsewhere in today's Federal Register) to
regulate only the drawbridges on the Red River in the state of
Arkansas. The present regulation requiring all bridges up to mile 177.9
to open on signal with at least 48-hours advance notice would severely
restrict the movement of prospective commercial navigation on the
waterway. Thus, the reason for the final rule. The anticipated vessel
count for calendar year 1995 is approximately 370, but is expected to
increase significantly in year 1996. Existing operating regulations for
bridges from mile 105.8 to the Arkansas border at approximately mile
276 remain unchanged.
Discussion of Comments and Changes
Two comments were received. The National Marine Fisheries Service
offered no objection to the proposed rule change. The other comment
endorsed the proposed rule change.
Assessment
This rule 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 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).
Small Entities
A full regulatory evaluation of this rule is unnecessary. This rule
will be less restrictive on commercial navigation. This rule will
require bridge owners to open the draws of the bridges listed on fewer
hours notice, however, each bridge owner will still have 8-hours
notice. Therefore, the Coast Guard certifies under 5 U.S.C. 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 proposal 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 proposed 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
has been prepared and placed in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons set out in the preamble, the Coast Guard amends
Part 117 of Title 33, Code of Federal Regulations, as follows:
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)(3);
Section 117.255, also issued under the authority of Pub. L. 102-587,
102 Stat. 5039.
2. Section 117.491 is revised to read as follows:
Sec. 117.491 Red River.
(a) The draws of the following bridges shall be opened on signal if
at least eight hours notice is given:
(1) S107 bridge, mile 59.5, at Moncla
(2) S28 (Fulton Street) bridge, mile 88.1, at Alexandria
(3) Union Pacific Railroad bridge, mile 90.1, at Alexandria
(4) S8 bridge, mile 105.8, at Boyce
(b) The Kansas City Southern Railroad bridge, mile 88.0, at
Alexandria shall open on signal if at least eight hours notice is
given; except that, for openings on Saturday or Sunday and Monday if it
is a federal holiday, notice must be given for an opening of the draw
by 4 p.m. on Friday; and in the event a federal holiday falls during a
weekday other than Monday, notice must be given by 4 p.m. the day prior
to that holiday.
(c) The draw of the US 165 (Jackson St.) bridge, mile 88.6, at
Alexandria, shall open on signal if at least eight hours notice is
given; except that, from 7 a.m. to 9 a.m. and from 4 p.m. to 6 p.m. the
draw need not be opened Monday through Friday except holidays.
(d) The draws of the bridges above mile 105.8 through mile 234.4
shall open on signal if at least 48 hours notice is given.
(e) The draws of the bridges above mile 234.4 to mile 276 need not
be opened for passage of vessels.
(f) When a vessel which has given notice fails to arrive at the
time specified in the notice, the drawtender shall remain on duty for
up to two additional hours to open the draw if that vessel appears.
After that time, a new notice of the appropriate length of time is
required.
Dated: January 10, 1995.
R.C. North,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 95-2996 Filed 2-6-95; 8:45 am]
BILLING CODE 4910-14-M
