[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Proposed Rules]
[Pages 46069-46070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21963]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 60, No. 171 / Tuesday, September 5, 1995 /
Proposed Rules
[[Page 46069]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 117
[CGD08-95-017]
RIN 2115-AE47
Drawbridge Operation Regulation; Sabine River, LA
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: At the request of the Kansas City Southern Railway Company,
the Coast Guard is proposing a change to the regulation governing the
operation of the swing span railroad bridge over the Sabine River, mile
36.2 near Ruliff, Texas, by permitting the draw to remain closed to
navigation at all times. The draw presently opens on call with 24 hours
advance notice, however, there is no significant navigation on the
waterway and there have been no requests to open the bridge for passage
of marine traffic for over 44 years with the exception of a single
request made in 1995.
DATES: Comments must be received on or before November 6, 1995.
ADDRESSES: Comments should be mailed to Commander(ob), Eighth Coast
Guard District, 501 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. John Wachter, 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. John Wachter 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 the light of
comments received.
Drafting Information. The drafters of this regulation are Mr.
John Wachter, Project Officer and Lieutenant Elisa Holland, Project
Attorney.
Background and Purpose: Upon request by the bridge owner, the Coast
Guard is proposing to permit the draw of the swing span railroad bridge
over the Sabine River, mil. 36.2, near Ruliff, TX to remain permanently
closed. Navigation requiring openings is nonexistent and the bridge has
not been opened for passage of navigation for 44 years.
Discussion of Proposed Rules
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 4 feet above mean high water and 18 feet above low water.
The occasional small recreational boat which uses the waterway can
transit the bridge without requiring an opening. The single request in
1995 was made for a boat that was constructed upstream of the bridge
over a period of several years. The private individual that constructed
the vessel needed to move it to the mouth of the river for sale to a
prospective buyer. The bridges were opened to pass this vessel. There
are no known similar projects planned. This bridge is on the KCS Main
Line from Kansas City, Missouri to Beaumont and Houston, Texas and also
forms an integral part of Union Pacific Railroad's transcontinental
line from Los Angeles to New Orleans. This line carries over 30 million
gross tons of freight each year. There is also a fiber optic cable
mounted to the bridge which serves as part of a nationwide
communications link. Permitting the permanent closure of the draw would
result in a significant savings in maintenance costs and avoidance of
an exorbitant cost of removing the cable with no adverse effect on
navigational traffic.
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 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
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 need of local commercial
fishing 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 rule contains no collection of
information requirements under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
[[Page 46070]]
Federalism Implications: 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: The Coast Guard considered the environmental impact of
this proposal and concluded that, under section 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); section
117.255 also issued under the authority of Pub. L. 102-587, 106
Stat. 5039.
2. Section 117.493 is revised to read as follows:
Sec. 117.493 Sabine River.
(a) The draw of the Southern Pacific railroad bridge, mile 19.3
near Echo, shall open on signal if at least 24 hours notice is given.
(b) The draw of the Kansas City Southern Railway bridge, mile 36.2
near Ruliff and the draw of the S12 bridge, mile 40.8, at Starks, need
not be opened for the passage of vessels.
Dated: August 16, 1995.
R.C. North,
Read Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 95-21963 Filed 9-1-95; 8:45 am]
BILLING CODE 4910-14-M
