[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Rules and Regulations]
[Page 14221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6434]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
33 CFR Part 117
[CGD8-94-027]
RIN 2115-AE47
Drawbridge Operation Regulations; Mermentau River, LA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
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 the Mermentau River, mile 7.1, at Grand Chenier, Cameron Parish,
Louisiana, by permitting the draw to open on signal from 6 a.m. to 6
p.m. and open on four hours notice from 6 p.m. to 6 a.m. Presently, the
draw is required to open on signal from 5 a.m. to 9 p.m. and from 9
p.m. to 5 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 April 17, 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) 589-2965.
FOR FURTHER INFORMATION CONTACT:
Mr. John Wachter, Bridge Administration 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 October 4, 1994, the Coast Guard published a notice of proposed
rulemaking entitled Drawbridge Operation Regulation; Mermentau River,
LA, in the Federal Register (59 FR 50529). 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 4 hour reduction in the number of hours the
bridge owner is required to have an attendant on duty, due to the small
number of vessels which use the Mermentau River bridge. Data provided
by LDOTD show that from January 1, through December 31, 1993, the
number of vessels broke down to 8.0 vessels per 24 hour period. The
four hour reduction will allow the bridge owner relief from having a
person available at the bridge site during that period, thereby,
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 the proposal.
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, (8.0 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:
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 117.480 is revised to read as follows:
Sec. 117.480 Mermentau River.
The draw of the S82 bridge, mile 7.1 at Grand Chenier, shall open
on signal; except that, from 6 p.m. to 6 a.m. the draw shall open on
signal if at least 4 hours notice is given. During the advance notice
period, the draw will open on less than 4 hours notice for an emergency
and will open on demand should a temporary surge in waterway traffic
occur.
Dated: February 1, 1995.
C.B. Newlin,
Acting Captain, U.S. Coast Guard, Chief of Staff.
[FR Doc. 95-6434 Filed 3-15-95; 8:45 am]
BILLING CODE 4910-14-M
