[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19351-19352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9530]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CG08-94-025]
RIN 2115-AE47
Drawbridge Operation Regulation; Sabine River, LA
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: At the request of the Louisiana Department of Transportation
and Development, the Coast Guard is changing the regulation governing
the operation of a swing span bridge across the Sabine River, mile
40.8, near Starks, between Calcasieu Parish, Louisiana, and Newton
County, Texas, by permitting the draw to remain closed to navigation at
all times.
EFFECTIVE DATE: This regulation becomes effective May 18, 1995.
ADDRESSES: Unless otherwise indicated, documents referred to in this
preamble are available for inspection or copying at the Eighth Coast
Guard District Office, 501 Magazine Street, Room 1313, New Orleans,
Louisiana 70130-3396, between 8 a.m. and 3:30 p.m., Monday through
Friday, except Federal holidays. The telephone number is (504) 589-
2965.
FOR FURTHER INFORMATION CONTACT: Mr. David Frank, Bridge Administration
Branch, Eighth Coast Guard District, Telephone (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mr.
David Frank, Project Manager, Bridge Administration Branch, and LT
Elisa Holland, Project Attorney.
Regulatory History
On September 30, 1994, the Coast Guard published a notice of
proposed rulemaking entitled Drawbridge Operation Regulations; Sabine
River, LA in the Federal Register (59 FR 49875). The Coast Guard
received three letters commenting on the proposal. No public hearing
was requested, and none was held. [[Page 19352]]
Background and Purpose
LDOTD requested that the draw remain permanently closed. Navigation
requiring openings is non-existent and the bridge has not been opened
for twenty years. There is no commercial navigation on the waterway in
the vicinity of the bridge crossing. Vertical clearance of the bridge
in the closed position is 6 feet above mean high water and 20 feet
above mean low water. The occasional small recreational boat which uses
the waterway can transit the bridge without requiring an opening.
Permitting the permanent closure of the draw will result in a
significant savings in maintenance costs with no adverse effect on
navigational traffic.
Discussion of Comments
The National Marine Fisheries Service and Louisiana Department of
Wildlife and Fisheries offered no objection to the proposed rule
change. One letter of objection was received from an individual
completing construction of a boat above the bridge site. The bridge
owner went to considerable expense to open the bridge to allow the boat
to pass. As a result, the lone objector has withdrawn his objection to
the proposed rule change.
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 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).
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'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section of the Small Business Act (15
U.S.C. 632). Because it expects the impact of this proposal to be
minimal, the Coast Guard certifies under 5 U.S.C. 605(b) 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
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2 of Commandant Instruction
M16475.1 (series), this proposal is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons set out in the preamble, the Coast Guard amends 33
CFR 117 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 117.493 is revised to read as follows:
Sec. 117.493 Sabine River.
(a) The draws of the Southern Pacific railroad bridge, mile 19.3
near Echo and the Kansas City Southern railroad bridge, mile 36.2 near
Ruliff, shall open on signal if at least 24 hours notice is given.
(b) The draw of the S12 bridge, mile 40.8 at Starks, need not be
opened for passage of vessels.
Dated: March 16, 1995.
R.C. North,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 95-9530 Filed 4-17-95; 8:45 am]
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