[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Proposed Rules]
[Pages 15437-15438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8670]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-95-028]
RIN 2115-AE47
Drawbridge Operation Regulation; Red River, LA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: At the request of the Kansas City Southern Railway Company and
the Southern Pacific Transportation Company, the Coast Guard is
proposing a change to the regulation governing the operation of two
swing span railroad bridges over the Red River, miles 227.0 and 228.2,
near Shreveport, Louisiana. This proposed change would require that the
bridges be opened on signal for passage of vessels, Monday through
Friday, during daylight hours only, with five days prior written
notice. The draws presently open on signal with 48 hours advance
notice.
DATES: Comments must be received on or before June 7, 1996.
ADDRESSES: Comments may be mailed to Commander (ob), Eighth Coast Guard
District, 510 Magazine Street, New Orleans, Louisiana 70130-3396 or may
be delivered to Room 1313 at the same address between 8 a.m. and 3:30
p.m., Monday through Friday except Federal holidays. The comments and
other materials referenced in this notice will be available for
inspection and copying in Room 1313 at this address. Normal office
hours are between 8 a.m. and 3:30 p.m., Monday through Friday, except
holidays.
FOR FURTHER INFORMATION CONTACT:
Mr. Phil Johnson, Bridge Administration Branch, (504) 589-2965.
SUPPLEMENTARY INFORMATION:
Request for Comments
Interested parties are invited to participate in the rulemaking by
submitting written views, comments, or arguments. Persons submitting
comments should include their names and addresses, identify the bridge
and give the reason for concurrence with or any recommended change in
this proposal. Persons desiring acknowledgment that their comments have
been received should enclose a stamped, self-addressed postcard or
envelope.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to Mr. Phil Johnson at the address under
Addresses. The request should include reasons why a hearing would be
beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
The Commander, Eighth Coast Guard District, will evaluate all
communications received and determine a course of final action on this
proposal. The proposed regulation may be changed in light of comments
received.
Background and Purpose: Upon requests by the bridge owners, the
Coast Guard is proposing permitting the draws of two swing span
railroad bridges over the Red River, LA, miles 227.0 and 228.2 to open
on signal, Monday through Friday and only during daylight hours, if at
least five days prior written notice is given. Currently, the bridges
are required to open on signal if at least 48 hours advance notice is
given. The bridge owners contend that the present regulation is
unreasonable and expensive. Vessel transits through the bridge sites
are infrequent. Since shoaling makes transits hazardous, openings will
be limited to daylight hours for safety reasons.
Discussion of Proposed rules
Vertical clearance of the Southern Railroad bridge at mile 227.0 in
the closed position is 15 feet above mean high water and 50 feet above
low water. Vertical clearance of the Kansas City Southern Railway
Company bridge at mile 228.2 in the closed position is 5 feet above
mean high water and 46 feet above mean low water. There is little
commercial navigation on the waterway in the vicinity of the bridge
crossing. The bridges were opened seven times for the passage of
riverboat gaming vessels in the past two years. The occasional small
recreational boat that uses the waterway can transit the bridges
without requiring an opening. The Southern Pacific Railroad bridge at
mile 227.0 is crossed by approximately 11 trains per day. The Kansas
City Southern Railroad bridge at mile 228.2 is crossed by approximately
12 trains per day. Requiring five days advance notice for an opening of
the draw would result in a significant savings in maintenance and crew
call-out costs with no adverse effect on navigational traffic.
Shoaling is reported to exist throughout the Shreveport area where
the bridges cross the Red River making transits hazardous. The Southern
Pacific Railroad bridge at mile 227.0 was struck two times by gaming
vessels transiting the bridge in 1994. Requiring the bridges to open
only during daylight hours will contribute to safety.
Regulatory Evaluation
This proposal 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).
The Coast Guard expects the economic impact of this proposal to be
so minimal that a full Regulatory Evaluation under paragraph 10e of the
regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and
are not dominant in their fields and (2) government jurisdictions with
populations of less than 50,000.
Since the proposed rule also considers the needs of local
commercial vessels, the economic impact is expected to be minimal.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this
proposal, if adopted, 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
[[Page 15438]]
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that under paragraph 2.B.2 of Commandant
Instruction M16475.1B, 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.
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:
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. In Sec. 117.491, paragraph (d) is revised to read as follows:
Sec. 117.491 Red River.
* * * * *
(d) The draws of the Southern Pacific Railroad bridge, mile 227.0,
and the Kansas City Southern Railroad bridge, mile 228.2 shall open on
signal during daylight hours only, Monday through Friday, if at least
five days prior written notice is given.
* * * * *
Dated February 27, 1996.
R.C. North,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 96-8670 Filed 4-5-96; 8:45 am]
BILLING CODE 4910-14-M
